Bombay HC: “Apprehensions Were ‘Reasonable And Genuine”| Sanatan Sanstha Defamation Suits Transferred to Maharashtra

The Bombay High Court held that apprehensions of Hamid Dabholkar and journalists were “reasonable and genuine,” transferring Sanatan Sanstha defamation suits from Goa to Maharashtra for fair trial.

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Bombay HC: "Apprehensions Were 'Reasonable And Genuine"| Sanatan Sanstha Defamation Suits Transferred to Maharashtra

MUMBAI: The Bombay High Court has directed the transfer of multiple defamation suits filed by the Goa-based right-wing group Sanatan Sanstha against Hamid Dabholkar, son of slain rationalist Narendra Dabholkar, and several journalists from Goa to Maharashtra. The order, dated September 3 and made public on September 4, was passed by Justice N. J. Jamadar.

High Court’s Observations

Justice Jamadar noted that the defendants’ apprehensions were “reasonable and genuine,” considering the history of hostility between the Sanatan Sanstha and the Dabholkar family, as well as the broader pattern of violent attacks on critics of the outfit. The court observed:

“If the animosity bordering on enmity between the Sanatan Sanstha and the applicants is considered, then the apprehension raised by the petitioners in their pleas are reasonable and genuine.”

The bench ordered that the suits be shifted to a court in Kolhapur district, Maharashtra, in the interest of justice. However, at the Sanstha’s request, the operation of this order has been stayed for six weeks.

Background of the Case

Sanatan Sanstha had filed several defamation suits in 2017 and 2018 before a Ponda court in Goa. The organisation alleged that Hamid Dabholkar and other journalists, including veteran journalist Nikhil Wagle, had made defamatory remarks damaging its reputation. The defendants, however, sought transfer of these cases outside Goa, citing genuine fears for their safety due to the Sanstha’s strong base and influence within the state.

Connection to Dabholkar Murder Case

The order referenced findings of the Pune Sessions Court, which in 2024 convicted two persons for the 2013 murder of rationalist Narendra Dabholkar. The trial court had concluded that the Sanstha and allied organisations were bitterly opposed to Dabholkar’s anti-superstition movement, and evidence established links between the accused and the Sanstha. While the Central Bureau of Investigation (CBI) could not identify the mastermind behind the assassination, the findings reinforced the credibility of the fears expressed by Hamid Dabholkar and others.

The High Court further contextualized its decision by citing the assassinations of other prominent critics of right-wing extremism, including activist Govind Pansare (2015), scholar M. M. Kalburgi (2015), and journalist Gauri Lankesh (2017). This grim history, according to the bench, added further weight to the plea for transfer.

Hamid Dabholkar, who has been a consistent critic of Sanatan Sanstha and testified as a key prosecution witness in his father’s murder trial, remains a vocal advocate for rationalism. The High Court acknowledged that his outspoken role and relentless criticism of the organisation amplified the risks of holding proceedings in Goa.

This case also highlights broader concerns around press freedom and the safety of journalists in India, particularly those who investigate or criticize powerful organisations and ideologies. The transfer order by the Bombay High Court sets a precedent emphasizing that judicial proceedings must not only be fair but also seen to be conducted in an environment free from intimidation.

Appearances:
Plaintiff: Advocate Hiren Kamod, Anees Patel, Usha Chandrasekhar, Avisha Mehta, and Rajamtangi i/by Suvarna Joshi.
Defendant: Advocate Rashmin Khandekar, Anand Mohan, Rahul Dhote, Shwetank Tripathi, Nipun Krishnaraj, and Vidit Desai i/by ANM Global.

Case Title:
Mangalam Organics Ltd. V. N Ranga Rao and Sons Pvt. Ltd.
COMMERCIAL IP SUIT NO. 194 OF 2025

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Aastha

B.A.LL.B., LL.M., Advocate, Associate Legal Editor

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