Ketan K. Tirodkar vs Central Bureau of Investigations and Anr.

The two reports tendered are taken on record. 2. We have carefully perused them. The two agencies, which are probing and investigating the two serious crimes, have stated that several attempts have been made to trace out and arrest the absconding accused. The absconding accused are stated to have visited several places in the State of Maharashtra and in other States in the country. Through their mobile conversations and other clues, the officials are trying to track them and find about their presence in the concerned States or their location abroad. 3. During the course of hearing, we have impressed upon both the agencies, through learned special senior counsel Mr. Mundargi and learned Additional Solicitor General Mr. Singh, that those guiding and directing their officials, the superiors to them in the hierarchy and to whom the investigating officials are reporting should now take a lead. The court is anxious and now getting a feeling of being not assisted properly in taking cognizance of the grievances of the family members of the deceased as also the general public. 4. We have been noticing that at the core and root issue in all these crimes are the bold attempts being made by groups, particularly fringe groups to attack those seeking to voice progressive, rational views, thoughts, feelings and expressions. Some of them wish to reform the society by persuading the people at large to give up religious practices, traditions and customs leading to exploitation of women and children. The traditions and practices, which are prevailing in some sections of the public, even though educated, have created an imbalance, according to these thinkers, which is not conducive to smooth working of a democratic form of Government. They feel that the Constitution, its values and goals are paramount and everybody, as a citizen, has the duty to uphold the Constitution of India and the laws. The institutions of democracy, therefore, have been set up so that they are ever vigilant and protect the rights and fundamental freedom of those who are in minority and who are continuously targeted and attacked. We have not only impressed upon both counsel and through them the agencies that after these crimes, there are other persons openly and boldly critical of their working and the general perception in the society is that if we write and express something contrary or opposite to the majority views, we are bound to be attacked. The dislike is not what they fear. The disrespect also may be ignored. Sometimes personal attacks on the character of the opponents are also faced very boldly and courageously. They withstand all this and fearlessly express their views. However, it is the concern of the society at large when attempts are made by some groups or persons holding extreme views and opinions to eliminate the free thinkers, writers, social workers, etc. It is that which is disturbing us for what is at stake is our image and reputation as a democratic nation. Further, we take pride in our composite culture and secular values. We are a country of reformers, saints and poets whose teachings and writings guide us even today and enable us to march forward by maintaining a liberal atmosphere. We cannot take pride of being the largest democracy in the world when we are repeatedly confronted and questioned about killings, violent incidents and happenings around. It is disturbing to note that somebody makes a feature film and puts in lot of efforts and there are many people involved in making it ready for distribution and exhibition, but are unable to release it for viewing by the public because of continued threats. This trend, if not checked and curbed, will jeopardise the creative freedom and then writers, directors, producers and artists may not feel safe and secure anymore. All of them, including those in public and social life, journalists and performers alike need to be assured that the State would leave no stone unturned to protect their lives and properties. Such steps alone would clear the misgivings and misunderstandings about the intentions of the Government of the day. It must demonstrate its commitment to uphold the constitutional freedoms and the right of free speech and expression guaranteed to the citizens. For that violence should be dealt with firmly by the State machinery. 5. We called upon the learned senior counsel and the learned ASG to now at least involve the superiors in the hierarchy and we will not hesitate to seek answers to our queries by questioning them. If they wish to avoid coming to the court or being directed to file personal affidavits, then, it is time that they meet both, the learned senior counsel and the learned ASG and take a stock of the situation, not only from the officials reporting to them, but even from these senior counsel. 6. At our request, Mr. Mundargi and Mr. Singh stated that they would convene a meeting with the superior officials at the level of the Secretary in the Department of Home, Government of Maharashtra and the Director General of Police and equally the Joint Director in the CBI. At such a joint and co-ordinated meeting, there would be free and fair exchange of views and sharing of information. After such a meeting, they expect and hope that the court will find a definite progress and advancement towards concluding the investigations and apprehending the absconding accused. 7. It is only because of the persuasive efforts of Mr. Mundargi and Mr. Singh that we do not wish to pass any order and direction directing filing of personal affidavits by these senior level officials and ensuring their presence in the court. That we reserve as a last resort. 8. We equally impress upon those, who are critical of the Institutions of democracy that as citizens we should do nothing to demoralize the police and the defence force and equally the judiciary. When we criticise them, we have equally a responsibility to assist these institutions for we could be witnesses to crimes and happenings all around. When summoned in court and to depose as a witness, all those making bold statements and tall claims in interviews should then assist the machinery as well. We impress upon these persons that not assisting a public servant in investigating a crime or a court of law in ensuring that justice is done, is a punishable offence. Let the citizenry not invite such consequences by shirking our duties and responsibilities as vigilant members of the public. It is to ensure that the image of our democracy is not tarnished that we appeal to those members of the public who have any clues about these crimes, to boldly give their statements to the police and ensure that they are recorded. Thereafter, when they are summoned, let them depose as witnesses so as to assist the court of law. We do not think that by continuous criticism of the police machinery, we will be able to achieve anything. Eventually, we are aiming to strike a balance and when we seek answers, insist on accountability and fixing of responsibilities of the members in the police force, we equally warn that no attempts be made to demoralise them and destroy the faith of the public in its functioning. 9. Since it is stated that a meeting would be convened shortly, we place these matters on 21st December, 2017. 10. The parties to act on an authenticated copy of this order.