Apex court notice to accused in Congress leader’s murder

NEW DELHI - The Supreme Court Wednesday issued notice to Mohan Anant Shukla, a former corporator accused in the double murder of Congress leader Pawanraje Nimbalkar and his driver, on a petition by the Central Bureau of Investigation (CBI) which has contested the Bombay High Court’s grant of bail to him.

Former Nationalist Congress Party (NCP) leader Padamsinh Patil is the main accused in the case. He conspired with businessman Satish Mandade and Shukla to eliminate Nimbalkar, who was becoming a threat to Patil’s political career.

Nimbalkar and his driver Samad Abdul Wahid Kazi were killed by sharp shooters June 3, 2006.

For three long years, there was no movement in the case till it was handed over to the CBI.

In 2009, the investigative agency unearthed the entire conspiracy and arrested Patil, other co-conspirators and the actual, hired killers.

A vacation bench of the Supreme Court, headed by Justice Deepak Verma and comprising Justice K.S. Radhakrishnan, issued notice after Additional Solicitor General Harin P. Raval told the court that the accused was a co-conspirator in the case of double murder that was rooted in political vendetta.

He said the high court, while granting bail to Shukla, had committed a serious error by passing observations which were in the nature of findings on merit.

The apex court was told that these observations would seriously prejudice the trial which was yet to commence.

The CBI said: “There was sufficient evidence available with the petitioner (CBI) which would establish the involvement of the respondent (Mohan Anant Shukla) in the crime and in all likelihood the respondent (Shukla) would be convicted for committing of offence of double murder.”

The petition said the high court was in error by invoking ‘parity’ between Shukla and Patil while granting bail to the former.

Patil was earlier granted bail by the Raigad sessions court. The grant of bail to Patil was under challenge before the Bombay High Court.

The CBI said: “The effect of the impugned order (granting bail to Shukla) is to virtually dismiss the pending appeal against the order granting bail to the accused (Padamsinh Patil).”

The petition said: “The grant of bail to such an accused on flimsy grounds would affect the morale of the prime investigating agency of the country.”

According to the CBI charge sheet, Patil, Mandade and Shukla conspired to eliminate Nimbalkar, who was killed by hired sharp shooters.