By Paula Arab
New Canadian Media
The family of a Canadian doctor, who was killed in Mumbai 19 years ago this week, is hoping that the appointment of a special prosecutor in India to lead the case, will reopen the stalled investigation in Canada.
Dr. Asha Goel, a 62-year-old obstetrician from Orangeville, Ont. was killed by hired assassins at her family's ancestral home in Mumbai, Maharashtra on August 23, 2003
Since then, family members have made over 100 trips to Mumbai and Ottawa seeking justice for Dr Goel, who during a 40-year tenure in Ontario and Saskatchewan delivered about Canadian 10,000 babies.
Earlier this month, the Maharashtra State Government announced that Ujjwal Nikam, a decorated and internationally renowned criminal law specialist, who has secured about 40 death penalties and more than 300 life imprisonments in India, will lead the case for the prosecution.
The case is scheduled to go before a judge of the Mumbai Sessions Court on August 24.
According to Indian police, one of the key suspects in Dr Goel’s murder is her brother, Subhash Agrawal, a Canadian citizen who lives in the Toronto area.
He is a wanted accused in India and is subject of an outstanding Interpol Red Notice. Agrawal has denied any involvement with the murder of his sister.
“The appointment of Mr. Ujjwal Nikam as Special Public Prosecutor is a significant step forward in our 19-year fight for justice for our mother. We couldn’t ask for anyone more
skilled and dedicated to lead the prosecution in India,” said Dr Goel’s son, Sanjay Goel, a Vancouver-based businessman.
“While India is helping us seek justice, Canada has stalled in helping resolve the murder of our mother, a Canadian citizen. They keep saying it is an Indian matter,” he said.
As the family marked the sombre 19th anniversary of Dr. Goel’s murder, they issued a statement, saying: “We have seen swift and decisive RCMP action in many other cases involving Canadians killed in Mexico, the United States and Europe. But when it comes to Indo-Canadians being killed in India, there seems to be a different standard.
“Subhash Agrawal is wanted in India in connection with the murder of our mother. After 19-years, he remains free in Toronto, and Canada has done nothing to answer the charges, despite an Interpol Red Notice for him that has been outstanding for over a decade.”
“Justice delayed is justice denied. It is a travesty of justice both in Canada and India that this case has taken almost 19 years to go to trial,” said Daljit Kaur, a Non-Resident Indian (NRI) legal case specialist and social activist.
She said there have been dozens of contract killings of overseas-based Indians in the State of Punjab, where most of the Indo-Canadian immigrants hail from.
Most of them involve land-disputes and dowry cases, said Kaur.
“In many of the cases where the hired killers get caught, the alleged architects of the crime, remain out of reach in their new country of residence
“Bringing back offenders and wanted persons from foreign countries is essential for providing timely justice especially in these so-called supari or contract killings of Non-Resident Indians. We will be closely watching the developments in this case to ensure the family gets justice in India and Canada,” she said.
Charlotte MacLeod, a spokesperson for Global Affairs Canada said the department is aware of the trial taking place this week.
“Canadian consular officials are monitoring this case closely and are providing consular services to the family. Due to privacy considerations, no further information can be provided,” she told NCM.
“Global Affairs Canada is committed to providing effective and efficient consular service to Canadians around the world.”
Dr. Goel’s son in Vancouver, Sanjay said the actions taken so far by Global Affairs Canada has “neither been active or efficient.”
“Canada needs to investigate the involvement of the key suspect in Canada – Subash Agrawal – and charge him with conspiracy in Canada, if the case merits it.”
Investigators in India state that Dr. Goel was in Mumbai to visit another of her brothers, Suresh Agrawal, when she was murdered. They allege Suresh conspired with his brother Subhash in Toronto, to kill their sister over a disputed inheritance worth $12 million.
Suresh has since died.
Mumbai police also arrested four others and charged them with murder.
Three of them were employees of the Agrawal brothers - Pradeep Parab, Pawankumar Goenka and Manohar Shinde.
The fourth was Suresh Agrawal's son-in-law -- Narendra Goel (no relation of Dr. Asha Goel). Shinde has also since died. Parab has provided a confession to police and turned state’s witness while Goenka and Narendra Goel go before the courts this week.
In his confession, which is central to the case, Parab, describes in gruesome detail the roles of the various accused in the case, saying he was to be paid about C$150 to help kill Dr. Goel.