SC dismisses plea seeking re-probe into Mahatma assassination

The Supreme Court today dismissed a plea seeking a re-investigation into the assassination of Mahatma Gandhi.

A bench of Justices S A Bobde and L Nageswara Rao, which heard the matter, dismissed the petition filed by Mumbai-based Pankaj Phadnis from Abhinav Bharat.

The apex court, which reserved its verdict on March 6, had made it clear that it would not go by "sentiments" but rely on legal submissions to decide on the petition.

The apex court had said the plea seeking retrial of the case was based on academic research but that could not form the basis to reopen the matter which happened years ago.

The petitioner had questioned the 'three bullet theory' relied upon by various courts to hold the conviction of Nathuram Godse and Narayan Apte, who were hanged. He had contended that there was need to examine whether there was a fourth bullet, which was fired by someone other than Godse.

Phadnis, a trustee of charitable trust Abhinav Bharat, had also sought the expunction of "adverse, unfounded" remarks made by the Kapur Commission in 1969 report against Vinayak Damodar Savarkar and the setting up of a commission to probe the conspiracy behind the incident.

Phadnis alleged that the Maratha community was "maligned" due to these adverse remarks, which should hence be removed. He said there should be a retrial of the case, which led to the conviction and execution of Godse and Apte on November 15, 1949.

The court, however, said it did not share his sentiments that Marathas have been maligned and observed,"Maratha people have survived in spite of all this. You are talking about two persons who happened to be from Maharashtra. They do not represent the state. Observation about two persons does not malign whole Marathis."