Nimbalkar murder: Family seeks transfer of trial to Mumbai

Alarmed by the number of witnesses turning hostile in the 2006 murder case of Congress leader Pawanraje Nimbalkar, in which, MP Padamsinh Patil is the prime accused, the family of the deceased has approached the Bombay High Court, seeking transfer of the trial from Alibaug to Mumbai.

Anandibai Nimbalkar, wife of the deceased, in an application, has sought the transfer of the trial from Alibaug sessions court to a court in Mumbai and pending hearing of the application, the trial presently being conducted in Alibaug to be stayed.

Earlier, the CBI, which was handed over the probe into the case, had also filed an affidavit before the high court, alleging that Padamsinh was using his influence to exert pressure on the witnesses in the case.

According to the affidavit filed by the CBI in its petition, seeking cancellation of bail, granted by a sessions court to Patil, six of the prosecution witnesses turned hostile, while deposing before the trial court.

"The witnesses have gone back on their earlier statements given to the CBI because of the pressure tactics adopted by the respondent (Patil), who is a sitting MP from Osmanabad constituency and is highly influential," the affidavit filed by Samar Rana, deputy superintendent of police, CBI said.

Citing the CBI affidavit, the application filed by Anandibai states, "Even after the affidavit was filed, three more witnesses turned hostile. As of today, nine witnesses, out of the total 34, have refused to depose against the accused and have been declared hostile."

It further alleges that the witnesses are being intimidated by powerful politicians, who are well-connected with gangsters.

"The prime accused Padamsinh Patil is a big gun, who wields considerable clout with political higher-ups. Witnesses are being continuously threatened that they too would face the same fate as the deceased, if they dare to depose in court," the application alleges.

The application also seeks direction to police to provide necessary security to all the witnesses in the case. The application is likely to be heard next week.

Patil, who was arrested in June 2009, was granted bail by Alibaug sessions court in September the same year, after which the CBI approached the high court challenging the order.

The trial in the case commenced in July last year and the prosecution has so far examined 20 witnesses.

According to the CBI, Patil had hatched a conspiracy to murder Nimbalkar, as he viewed the latter's rise in political scene as a threat to him.

Patil allegedly hired killers for Rs 30 lakh to eliminate Nimbalkar, who, along with his driver was shot dead on June 3, 2006 at Kalamboli in Navi Mumbai.

Other accused in the case include Latur-based businessman Satish Mandade, corporator Mohan Shukla, Parasmal Jain, former state excise inspector Shashikant Kulkarni, Bahujan Samaj Party worker Kailash Yadav, alleged shooters Dinesh Tiwari, Pintu Singh and Chote Pandey.

In his letter to 10 chief ministers, Home Minister P Chidambaram had assured that the "next steps" on NCTC would be taken only after the meeting of top officials of the states.

The Home Ministry officials are expected to allay the apprehensions of the states which said empowering NCTC with Section 43 (A) of the Unlawful Activities (Prevention) Act would infringe on the state's powers. Section 43(A) of UA(P)A gives an officer power to arrest and search.

Chidambaram in his letter had said the powers conferred under Section 43 (A) of the UA(P) Act must be read with the duty under Section 43 (B) to produce the person or article without unnecessary delay before the nearest police station (which will be under the state government).

He also said the SHO of the police station will take further action in accordance with the provisions of the CrPC.

Patnaik, who spearheaded the protests on the ground that it would erode states' powers, in his third letter on NCTC to Prime Minister Manmohan Singh, had opposed the meeting of officials.

"It is imperative that instead of a meeting chaired by the Union Home Secretary, an immediate meeting of chief ministers may be called by you to address the concerns of the states on this very urgent matter regarding the security of the nation," he told the prime minister.

Jayalalitha and Janata Dal-U, which rules Bihar, had also expressed similar sentiments.

The crucial meeting was originally scheduled on March 9 but postponed to March 12 following requests from several states which had conveyed their inability to attend the meeting due to Holi festival, short notice and pre-scheduled engagements.