Hema Upadhyay Murder: Family Claims Chintan Is Influencing Probe

One and a half years after the double murder of Hema Upadhyay and Harish Bhambani, families are raising concerns.

Hema Upadhyay’s family claims Chintan Upadhyay is influencing the murder investigation. (R) Chintan Upadhyay

(The photo has been altered by The Quint/Hema’s photo by Anne Maniglier)

One and a half years after Mumbai was left shocked over the brutal double murder of artist Hema Upadhyay and lawyer Harish Bhambani, families of the two killed have now raised their concerns about the ongoing investigation.

On 11 December 2015, after the body of the 43-year-old artist and the 65-year-old lawyer was found stuffed in cardboard boxes and dumped in a sewer in Mumbai’s suburban Kandivali, the Kandivali police took up the investigation. They soon arrested five accused in the case, including Hema’s husband artist Chintan Upadhyay. However, the families of Hema and Harish allege that since the case was handed over to the Ghatkopar crime branch in May 2016, there has been no headway in the probe.

The case was transferred to the Ghatkopar crime branch without even informing us. Neither have we nor Harish’s family complained or requested for this transfer. We have not said that we were dissatisfied with the investigation by the Kandivali police, yet they transferred the case with no satisfactory explanation.

Manish Hirani, Hema’s brother

With the primary accused in the case Vidyadhar Rajbhar still absconding, Hema Upadhayay’s family believes the crime branch have been dragging their feet in the case. Besides, there has been no specific reason cited for transferring the case when the incident took place under the jurisdiction of the Kandivali police.

The main accused in this case (Vidyadhar Rajbhar) is still absconding. Who knows whether he is even still alive. He could possibly be dead or he could even have taken on a different identity. Even when his mother is questioned, she says that he has stopped calling her. But even to this day we are waiting for justice. We lost our daughter. She was brutally killed.

Sheela Prasad, Hema’s aunt

Another crucial grievance the families of Hema and Harish Bhambani have raised is the eligibility of defence lawyer Raja Thakare, who has represented the state in many important cases, also representing Chintan Upadhyay, one of the prime accused in the case. Thakare has in the past represented the CBI and the ATS in high profile cases.

Mr Raja Thakare is well connected to officials of the state machinery like the CBI and the crime branch. From being a public prosecutor, now he’s a defence lawyer. This never happens and is a direct conflict. He could call any police officer, use his influence and get access to crucial information.

Vinod Gangwal, lawyer representing Hema and Harish’s families

Thakare refrained from commenting, pointing out that the case is sensitive in nature.

Soon after the murder, Mumbai police arrested Chintan Upadhyay, Hema’s husband, for allegedly masterminding the murder. According to a supplementary chargesheet filed by the crime branch, certain incriminating evidence against Chintan were recovered from his laptop, hard disc and pen drives. The evidence gathered against Chintan has been sufficient to keep him lodged in Thane jail.

However, Hema’s family claimed that even inside the jail, Chintan has been trying to indirectly influence the jailor by gifting him paintings without the permission of the court and also garner public sympathy by holding painting workshops for jail inmates. Chintan’s friends have dismissed these allegations.

This is a matter between the jail and jail inmates. Such exhibitions have been arranged a number of times with the help of NGOs all over the country. We don’t find any special treatment here because so many good intended exercises are being initiated by the authorities and they should be congratulated for it.

Sanjeev Khandekar, friend of Chintan and Hema

Hema Updhyay and Harish Bhambani’s families have filed a petition in the Bombay High court challenging the police commissioner’s decision to transfer the case to the crime branch.