Supreme Court Dismisses Plea to Reopen Mahatma Gandhi Assassination Case

New Delhi: The Supreme Court on Wednesday dismissed a PIL to reopen Mahatma Gandhi's assassination case. A bench of Justices SA Bobde and L Nageswara Rao rejected the petition both on maintainability and on merits.

The Court held that such a plea was not maintainable in seeking to reopen a murder case after seventy years when the convicts have also been executed.

On merit, the bench brushed aside the contentions in the PIL raising questions on the 'three bullets theory' and the alleged involvement of a foreign agency.

According to petitioner Dr Pankaj Phadnis, it was a “fourth” bullet fired by a mysterious person that took the Mahatma's life and that the faulty investigation was the biggest cover-up in the history of India.

The bench dismissed these arguments, and relies upon the submissions of senior advocate Amarendra Sharan, who was appointed as amicus curiae to assist the Court.

Sharan, in his report, had maintained that allegation raised regarding involvement of some foreign intelligence agency in the assassination was baseless and not substantiated by any evidence.

“Bullets which pierced Gandhi’s body, pistol from which it was fired, assailant who fired bullets, conspiracy and ideology which led to assassination have all been duly identified. No material has come to light to throw any doubt. There is no need either of a re-investigation or to constitute a fresh fact finding commission with respect to Mahatma Gandhi assassination case," he had told the Court.

Last year when the matter was taken up, the Supreme Court had wondered whether it will be “wise and legal” to reopen Mahatma Gandhi’s assassination case after six decades.

The court had raised several questions over the legality and maintainability of the PIL but agreed to examine various aspects of it before taking a final call.

On a previous date, the bench had also clarified tha it will examine the plea for reopening of the Mahatma's assassination case only on the basis of law, without getting influenced by the "greatness of the personality involved".