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A special leave petition filed on 28th April by former Maharashtra IG SM Mushriff for carrying out an investigation probing the conspiracy angle into the death of former Maharashtra Anti-Terrorist Squad (ATS) chief Hemant Karkare, who was killed in 2008 during the Mumbai attacks was dismissed by the Supreme Court bench comprising of Justice AK Sikri and Justice Ashok Bhushan. Karkare and a few other police officials had been killed outside Cama Hospital in south Mumbai on November 26, 2008, after a firing on the police vans by the alleged Pakistani terrorist Ajmal Kasab and Abu Ismail.
The petitioner alleged that Karkare had not been killed by Kasab and Ismail, but it was rather a conspiracy by the people other than the Pakistani terrorists who took advantage of the attack on November 26, 2008, to realize their purpose. The petitioner alleged that Karkare was on the hit list of many political and religious leaders after his breakthrough investigations of the Malegaon blast case. He had arrested the main conspirators and was just a few steps away from arresting the others when he was killed. The court observed that the petitioner may have some doubts on the death and thus, has full freedom to file a PIL, however, he cannot seek for case reopening. A similar petition had been filed in the Bombay HC in January this year which was subsequently rejected by the court.
The court dismissing the petition remarked that the death sentence against terrorist Ajmal Kasab had been confirmed by the Apex Court and he had been nabbed and executed accordingly. Thus, the matter couldn’t be reopened now.
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