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The Supreme Court on Friday, 28 September, ruled that the activists in the Bhima Koregaon case will continue being under house arrest for four more weeks. The SC pronounced a 2:1 verdict on a plea by historian Romila Thapar and others seeking the immediate release of the five human rights activists.
The plea also sought a probe into their arrest by a Special Investigation Team (SIT).
A three judge Bench of the Supreme Court to pronounce the judgment in plea by historian Romila Thapar and others against the arrest of activists.
Two verdicts will be pronounced, one by the CJI and Justice Khanwilkar and the other by Justice Chandrachud.
Justice AM Khanwilkar, while reading the judgment for himself and CJI Dipak Misra said the accused persons cannot choose which investigating agencies should investigate the matter.
He asserted that not a case of arrest because of difference in political organisation.
Justice Khanwilkar observed that the investigation officers were permitted to continue with the investigation.
House arrest for the five activists will continue for the next four weeks. They can approach the trial court for relief.
The Supreme Court rejected the plea for a SIT probe in the case.
Justice Chandrachud, while dissenting with the majority judgment, asserted that technicality should not be allowed to override substantive justice.
He added that voices of opposition could not be muzzled because it is a dissent.
Justice Chandrachud came down heavily on Pune Police. He questioned police’s move of holding a press conference immediately after the SC had passed an interim order.
The media meet of the police regarding the investigation cast a doubt on the impartiality of the investigation, Justice Chandrachud maintained. He added that police briefing to media had become a source of manipulating public opinion and an enquiry was required against Maharashtra police officers for utilising the media for the same.
Acts of Maharashtra police raise a question of whether Maharashtra police could be trusted to carry out the investigation, he added, stating that the case was a fit and proper one for a court-monitored SIT investigation.
Advocate Susan Abraham, wife of activist Vernon Gonsalves welcomed the Supreme Court’s order.
Vrinda Grover, one of the lawyers, reacted to the apex court’s order saying that they will exercise legal rights of the arrested activists in the appropriate court.
Maharashtra CM Devendra Fadnavis welcomed the SC’s decision.
“We welcome the decision. On the basis of investigation conducted and evidence collected by Pune Police, it has been considered valid and the Supreme Court has said it'll not interfere in the investigation,” he told reporters.
He added that it was a victory for Pune police and the country.
“The Supreme Court accepted that there is no political influence ans it’s not a plot to suppress voice of the opposition. It is a great victory for Pune police and the country. They've (activists) been doing this for many years but there was no evidence against them, so probe couldn't be completed,” Fadnavis said.
“Today’s verdict vindicates our stand against urban Maoists. In fact, this was absolutely a conspiracy against the nation. The Court pointed out that it's not a political conspiracy, and appreciated that state governmentt or government of India isn't trying to curb dissenting voice,” he added.
Attacking the Congress for its alleged support to Maoists, fake activists and corrupt elements, BJP president Amit Shah Friday said "there is only one place for idiocy and it's called the Congress."
Shah was responding to a tweet posted by Congress president Rahul Gandhi on 28 August.
BJP spokesperson Sambit Patra attacked Rahul Gandhi for supporting the activists.
“This verdict is a loss and an indictment of the Congress. Rahul Gandhi was acting as an advocate for these arrested Maoists, so this judgment apart from exposing the Naxals and Maoists of the country has exposed Rahul Gandhi,” he said.
Congress Spokesperson Randeep Surjewala while addressing the media said that the Supreme Court is the final authority on the matter. He hoped that the police acted in the interests of the nation and not on the direction of Amit Shah.
The petitioners in the Bhima Koregaon violence case, on Friday, held a press conference in New Delhi after the Supreme Court extended the house arrest of the five activists accused of inciting violence.
Speaking to the media, they said that their aim was to draw the attention of the judiciary to the ‘gross’ misuse of the state’s powers.
Women Against Sexual Violence and State Repression (WSS), an NGO, also released a statement saying that the court has failed to do its duty as a constitutional arbitrator and as the vanguard of the fundamental rights under.
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