IN IN IN THE HIGH COURT OF BOMBAY AT GOA THE HIGH COURT OF BOMBAY AT GOA THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.172 OF 2003 1. Miss Tanuja Naik Murder Case Action Committee, by its Chairman, Shri Shashi Kamat Panjikar, Madkai, Goa; 2. Mr. Shashi Kamat Panjikar, major, resident of Veling, Mardol, Ponda, Goa ... PETITIONERS VERSUS 1. State of Goa, by the Chief Secretary, Secretariat, Panaji, Goa; 2. The Police Inspector, Ponda Police Station, Ponda, Goa; 3. The DIG, Police Head Quarters, Panaji, Goa ... RESPONDENTS. Mr. S.S. Kantak and Ms. Rakhi M. Chodankar, Advocates for the Petitioners. Mr. A.N.S. Nadkarni, Advocate General, with Mr. N.K. Sawaikar, Addl. Government Advocate, for the Respondents. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & P.V. P.V. P.V. HARDAS,JJ. HARDAS,JJ. HARDAS,JJ. DATED : JUNE 24, 2003. ORAL JUDGMENT (Per P.V. HARDAS,J.) P.V. HARDAS,J.) P.V. HARDAS,J.) Rule. Respondents waive service. Heard forthwith. 2. This Petition under Article 226 of the Constitution of India has been filed by the - 2 - Petitioners praying for issuance of an appropriate writ to transfer the investigation in the murder of one Miss Tanuja Naik to the Central Bureau of Investigation. On 15-7-2002, a young girl, Miss Tanuja Naik, was murdered because of gunshot injuries which she had received. Miss Tanuja Naik is said to have been working in the factory at Marcaim Industrial Estate from where she was returning home. The murder had been committed in the vicinity of Caranzalem market. It is further stated that the house of one Mr. Gill Aguiar is just 15 metres away from the place of incident. 3. The grounds seeking for transfer of the investigation to the C.B.I. according to the Petitioners are:- (i) The Police have been extremely lethargic in conducting their investigation. They have shown a lackadaisical attitude towards the investigation and it is only after a series of searches that certain incriminating material including the empty 12 bore cartridges were found. At the behest of one Caetano Aguiar an empty 12 bore cartridge was produced; - 3 - (ii) The Police had not immediately searched the house of one Mr. Gill Aguiar who was named as a suspect by the family members of Tanuja Naik and the other residents of the locality; (iii) The Police are trying to shield the suspect one Mr. Gill Aguiar who is stated to wield political clout and is actively supported by a Minister of the State. 4. In response to the Notice issued by this Court, an Affidavit of Shri N.V. Mhamal, Police Inspector of Ponda Police Station and who is Respondent No.2 in the Petition, has been filed. The Affidavit gives details regarding the various steps which have been taken by the Police after registration of the offence. With the assistance of the learned Advocate General, we have perused the case diary. 5. In respect of the first objection regarding the attitude of the Police, the Affidavit reveals that immediately after the incident of murder of Tanuja Naik, a law and order situation had arisen which made it difficult for the Police to take immediate steps for the search of the area where the girl was murdered. That apart, the - 4 - Police, according to us, has been extremely diligent and has taken various steps to recover the incriminating articles. The case diary further reveals that the house of one Gill Aguiar was immediately searched on the next day of the registration of the offence. The Affidavit also discloses that one licensed fire arm has been seized from him and the ballistic report has been received which discloses that the fatal bullet had not been fired from the gun belonging to Shri Gill Aguiar. According to the Police therefore, prima facie, at this stage, there is no material against the suspect so as to arrest him for his complicity in the offence. 6. The Affidavit also discloses that the Police have unearthed some new links and in that regard would be taking steps for apprehending other suspects. It is not as if, therefore that the investigation has reached to a deadlock. 7. We have given our anxious consideration to the rival submissions which have been made by the learned Counsel for the Petitioners and the Respondents. Since the investigation is in progress and the perusal of the case diary discloses that the Police have been diligently investigating - 5 - the offence, the allegation that political pressure is being exerted on the Police according to us is wholly unfounded on the basis of the material which is available. At this stage, therefore, according to us, no case has been made out to warrant interference with the investigation and hand over the same to the Central Bureau of Investigation. Since the investigation is in progress, we have refrained from commenting and discussing the material which is available with the Police. 8. In the result, therefore, Writ Petition No.172 of 2003 is dismissed. Rule discharged. No order as to costs. However, looking to the seriousness of the offence involved and the complexities which have arisen in the investigation, we direct the Respondents to place a report regarding the steps which have been taken in the investigation upto the date of the filing of the report. The report should be filed on or before 1st November, 2003. The report along with the Petition to be listed on the Board before this Court on 1st November, 2003. P.V. P.V. P.V. HARDAS,J. HARDAS,J. HARDAS,J. F.I.REBELLO,J. F.I.REBELLO,J. F.I.REBELLO,J.