Summary
The Supreme Court dismissed the petition seeking reopening of Mahatma Gandhi’s assassination investigation on a fourth-bullet theory and review of the Kapur Commission’s findings. The contemporaneous evidence and the amicus’s examination of the record did not support that theory; belated academic conjecture did not justify reopening the concluded case. The Commission’s observation could not overturn Savarkar’s criminal acquittal. The Court expressly declined to determine the correctness or fairness of the Commission’s findings.
Issues
- Whether the fourth-bullet theory and belated research justified reopening the concluded assassination case.
- Whether the Kapur Commission’s observation affected Savarkar’s acquittal or should be judicially reviewed here.
Held
- The contemporaneous eyewitness, weapon, cartridge, injury, FIR and inquest evidence supported three shots by the assailant. The amicus’s examination of the original photograph and record did not support the fourth-bullet theory. The Court rejected reopening this long-concluded matter on the proffered research and conjecture. (¶¶ 3, 4, 5, 9, 10)
- A commission of inquiry is recommendatory and lacks the criminal court’s adjudicatory power. The challenged observation could not overturn Savarkar’s acquittal, and the contention that it had convicted him was misplaced. The Court nevertheless declined to enter into whether the Commission’s finding was correct or fair. (¶¶ 6, 7, 8)
Result
Special leave petition dismissed; no reopening of the investigation or review of the Commission’s findings ordered. The Commission’s observation was not treated as overturning the criminal acquittal.