Larger conspiracy behind Mahatma''s assassination, SC told

New Delhi, February 19

The Supreme Court, which is currently hearing a petition that asks for re-investigation of Mahatma Gandhi's assassination, was told on Monday that there were crucial documents that showed there was a larger conspiracy behind the killing.

A Division Bench of Justices SA Bobde and L Nageswara Rao is currently hearing a petition by Pankaj Phadnis, a trustee of a charitable trust called 'Abhinav Bharat'—whose website claims that it bears no relation to Malegaon blast suspect Lt Colonel Purohit's organisation, although they share the same name.

Phadnis said the documents, which he acquired from the US Library of Congress, showed evidence of a "larger conspiracy" behind the killing for which two people, the assailant Nathuram Vinayak Godse and his co-conspirator, Narayan Apte, were hanged on November 15, 1949.

Phadnis said the documents he had was “banned by the Indian Government”.

"This (documents) shows evidence of larger conspiracy in Mahatma Gandhi's assassination. Government of India has banned this. I have got these documents from the USA. I have also filed a petition in the Bombay High Court to lift the ban," he told the Bench while seeking to place on record the documents, which were in a sealed cover.

The petitioner also said that he was afraid he would be committing an offence if he opened the seal.

The court said that court while technology could help recover forensic evidence, the court would still have to consider if the case could be reinvestigated. The petitioner however was given until March 6 to present the documents along with an application.

"We will see this. It seems attractive but we will see whether it can be done," the Bench said after the petitioner claimed he had a letter from a US-based attorney saying forensic evidence could be obtained.

The court had previously asked him to explain his delay in producing the documents, as well as his locus standi (his the right or capacity to bring an action) in the case.

"If you want to produce something in the court, you tell us what it is, why it was not produced in court earlier and what is its bearing is in your case," the Bench said.

At the outset, the Bench told Phadnis and senior advocate Amarender Sharan, who is assisting the court as amicus curiae, that it would hear arguments in the matter on a 'non-miscellaneous day'.

Gandhi was assassinated on January 30, 1948. While Godse and Apte were both found guilt and executed, Vinayak Damodar Savarkar, the former president of the right-wing Hindu Mahasabha who was also accused in the case, was acquitted.

The petitioner has questioned the 'three bullet theory' relied upon by various courts to hold the conviction of Godse and Apte.

Phadnis has challenged the decision of the Bombay High Court which on June 6, 2016, had dismissed his plea on two grounds—firstly, that the findings of fact have been recorded by the competent court and confirmed right up to the apex court, and secondly, the Kapur Commission has submitted its report and made observations in 1969, while the present petition has been filed 46 years later.

The amicus curiae however has advised against reinvestigation saying that the identity of assailant had already been established.  PTI/Agencies