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"NO GROUND FOR ENTERTAINING THE REVIEW PETITION": Supreme Court

Team SoOLEGAL 5 Mar 2019 10:50am

Mahatma Gandhi's assassination took place on January 30, 1948. 9 accused persons were charged for conspiracy and murder. Seven accused were convicted and one was acquitted. One of the accused is still absconding.

Mahatma Gandhi was assassinated on January 30, 1948 and nine accused were tried for the conspiracy and murder. A trial court on February 10, 1949 convicted seven accused and acquitted one. One of the accused is absconding. 
Pankaj Phadnis, a Mumbai-based researcher had filed a petition seeking persual of some books and a forensic report of the photographs of wounds on the body of Gandhi and decide whether or not fresh probe should be initiated in his assassination.

The 'three bullet theory' was also brought to the bench's notice. The petitioner repeatedly contended that there was a 4th bullet and it was fired by a person other than Nathuram Godse.

He had filed the petition i8n response to the Supreme Court's order passed on 28th March rejecting his attempt to get the probe into Gandhi's death reopened, saying it would be an exercise in futile. His contention was that the Court placed much reliance on the Senior Advocate's submission and the petitioner's submitted report was not even considered.

After the first plea was rejected, the petitioner gave references from two books -- "Who Killed Gandhi" by Lourenco de Salvador has written in 1963 and "India Remembered" by Pamella Mountbatten, daughter of the then Governor General Lord L. Mountbatten. He claimed that examining the said books can conclude that the person/persons in the highest echelons of power, were "complicit" in the murder of Gandhi.

It was guaranteed that there are new documents and evidences. But the Supreme Court refused to take this into account. Also, that there are no grounds for reviewing its judgment. Consequently, the plea seeking reinvestigation into the matter. The bench comprising of Justices S A Bobde and L N Rao held that:

"We have carefully gone through the review petition and the connected papers filed therewith. We do not find any ground, whatsoever, to entertain the same. The review petition is, accordingly dismissed."



Tagged: MahatmaGandhi   Assassination   SupremeCourt   ReviewPetition  
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