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3 Yrs On Hema Upadhyay & Haresh Bhambani’s Families Await Justice

“There’s no sight of justice,” say friends, families of artist Hema Upadhyay and lawyer Haresh Bhambani  

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On December 11, 2015, the Mumbai police recovered bodies of artist Hema Hirani-Upadhyay and her lawyer Haresh Bhambani stuffed in cardboard boxes and dumped in a sewer. Three years since then, the police are yet to catch the killer and deliver justice to the families who lost their loved ones.

Soon after the double murders, four people were arrested, including Hema’s husband, artist Chintan Upadhyay, who was believed to have allegedly plotted the crime. The prime suspect though - Vidyadhar Rajbhar, is still absconding.

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“The case is not starting, there’s no sight of justice and it’s not done because it’s our right. At the end of the day, my father was just doing his job and he got killed for no reason. Because this person one day decides that my father no longer deserves to live and decides to kill him. It’s not fair. The least the system, the police and government can do for us is help us get justice but I don’t see that happening.”
Anita Bhambani, Haresh Bhambani’s daughter 

Where Does The Case Stand?

Initially, the Kandivali police branch investigated the case and arrested Chintan Upadhyay along with the other accused - Pradeep Rajbhar, Shivkumar Rajbhar and Vijay Rajbhar. The police filed a 2000-page charge sheet in the trial court, listing 30 witnesses.

What made the police’s case against Chintan Upadhyay stronger was a confession by one of the accused, Pradeep Rajbhar. Rajbhar stated that he was present during a meeting between Chintan and Vidyadhar on 8 December, 2015 when the duo was allegedly planning the murder. Pradeep had claimed that Chintan had allegedly agreed to pay Rs 20 lakh to Vidyadhar to kill Hema.

Three months later in June 2016 however, Pradeep retracted his statement and said he was coerced by the police to confess. Around the same time, the Ghatkopar crime branch took over the investigation in the case. This, however, did not result in any breakthrough in solving the murders.

Friends and families of Hema and Haresh Bhambani believe that one of the biggest blows to their hope for justice was dealt when public prosecutor Ujjwal Nikam quit the case citing difficulties in commuting to Dindoshi court for trial. Advocate Nikam, who was appointed special public prosecutor in the case in 2016, quit the case in December 2018.

“Now, when we finally felt that the case is about to start, Mr Ujjwal Nikam has quit our case and for such a frivolous reason that he can’t travel to Dindoshi, where he is traveling the entire country for cases. That was very disheartening and disappointing to see the government’s interest on the case dwindle, doesn’t look like anyone cares.”
Anita Bhambani, Haresh Bhambani’s daughter 
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Where Is Vidyadhar Rajbhar?

Vidyadhar Rajbhar, a fabric workshop owner, who allegedly executed the murders is the key link to cracking the case. However, Rajbhar has been on the run for three years now. Sources in the Mumbai police had earlier told The Quint that Rajbhar’s location was traced to Chennai-Coimbatore highway sometime around early 2017.

According to sources, it is however likely that Rajbhar could have fled towards Nepal or Bangladesh. His trail has now run cold. Hema’s friend believes, the case could have made better headway had the CBI taken over.     
“An accused who has committed a crime for the first time has been absconding for the last three years. The Bombay crime branch hasn’t been able to find him. We have even given an application that the case be transferred to CBI but nothing has happened. We are struggling for justice, but nothing is being done. No MP or MLA is taking up the issue in the Assembly because we don’t have any political connections.”
Sanchu Menon, Hema’s friend 

Rajbhar could be the crucial link to finding out Chintan Upadhyay’s role in the murders.

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As Chintan Upadhyay awaits trial, reports of him painting inside prison and putting up his art on display at an exhibition in Thane jail have left Haresh Bhambani’s family fuming.

“You are talking about a criminal’s depression in jail after he decides to kill two people? He’s eating home cooked food in jail, he’s doing his paintings, workshops. It’s sad. He’s given a painting to the jailer who has put it up in his office. What are these people doing? This is the country that we live in?”
Anita Bhambani, Haresh Bhambani’s daughter 

With charges yet to be framed against all the accused and the trial yet to begin, closure seems to be a distant dream.

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