SC rejects plea alleging conspiracy behind Mumbai ATS chief Hemant Karkare

The top court said it cannot reopen the case as terrorist Ajmal Kasab's conviction was upheld and the death sentence has been executed.

Published: 05th July 2018 11:00 PM  |   Last Updated: 05th July 2018 11:00 PM   |  A+A-

The Supreme Court of India (Photo | ANI Twitter)


NEW DELHI: The Supreme Court today dismissed the plea of a former senior police officer of Maharashtra alleging a conspiracy in the death of former state Anti-Terrorism Squad (ATS) chief Hemant Karkare in the 26/11 Mumbai terror attacks.

The top court said it cannot reopen the case as terrorist Ajmal Kasab's conviction was upheld and the death sentence has been executed.

A bench of Justices A K Sikri and Ashok Bhushan told former Maharashtra IG S M Mushriff that his doubts do not translate into actionable evidence which warrants reopening of the case.

"You may have some doubts or beliefs, but that does not translate into actionable evidence which would warrant reopening of the case in which the death sentence was confirmed and now stands executed," the bench said.

Senior advocate Indira Jaising said the petitioner before the apex court was a police officer who has even written two books which create some doubts over the death of Karkare.

She said the original petitioner before the Bombay High Court is now dead and the court had dismissed the plea giving the liberty to him to pursue an appropriate remedy.

"We don't need to tell you everything. Your case is that Karkare was not killed in the terror attack but some policemen got him killed. Here the concerned terrorist's conviction was upheld. His death award was confirmed and the sentence is now executed," the bench said.

Jaising said that Karkare was a victim of some conspiracy by "some other persons".

To this, the bench said, "Sorry, this case cannot be reopened".

On January 28, the High Court has refused to order a probe into the death of Karkare and disposed of a petition alleging that his killing during the Mumbai terror attacks of November 26, 2008, was a conspiracy hatched by some right-wing extremists.

The court had said nothing survives in the public interest litigation filed by one Radhakant Yadav, the former MLA from Bihar, seeking the setting up of a special investigation team to probe this angle.

Yadav had approached the high court in August 2010 claiming that Karkare was not killed by Pakistani terrorists, Ajmal Kasab and Abu Ismail.

The petition claimed that Karkare was, in fact, killed by right-wing extremists after the former ATS chief arrested several members of the Abhinav Bharat in the 2008 Malegaon bomb blast case.

The PIL before high court had relied on a book written by Mushrif, titled 'Who Killed Karkare'.

Karkare, along with senior police officials Ashok Kamte and Vijay Salaskar, were killed outside the Cama hospital in south Mumbai after Kasab and his partner Ismail opened fire on their police van during the attack.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp