NEW DELHI: The
Supreme Court on Friday refused to interfere in the arrest of five rights
activists in connection with the Koregaon-Bhima violence case.
By 2:1 majority, CJI Misra and Justice A M Khanwilkar said the arrests were not because of dissent of five rights activists but there is prime facie material to show their links with the banned CPI (Maoist) organisation. The SC also refused to appoint a Special Investigation Team (SIT) into the case.
The majority verdict said accused persons cannot choose which investigating agency should probe the case, and this was not a case of arrest merely because of difference in political views.
The house arrest of the activists will continue for four weeks to permit them to take appropriate measures and the SC gave freedom to the investigating officers to proceed against them as per law.
The five activists —Varavara Rao, Arun Ferreira, Vernon Gonsalves,
Sudha Bharadwaj and
Gautam Navlakha — are under arrest at their respective homes since August 29.
Justice A M Khanwilkar read out the majority verdict for himself and the CJI, while Justice D Y Chandrachud said he was unable to agree with view of the two judges.
Justice Chandrachud, in his judgement dissenting with the majority, said arrest of the five accused was an attempt by state to muzzle dissent, and dissent is symbol of a vibrant democracy.
Citing the case of wrongful arrest of scientist Nambi Narayan in Isro spy case, Justice Chandrachud said liberty cherished by the Constitution would have no meaning if persecution of five activists is allowed without a proper investigation.
Justice Chandrachud the petition was genuine and lashed out at Maharashtra police for press meet, distribution of letters to media.
He said the court should proceed as if personal practices are essential but whether they are derogatory to liberty, dignity enshrined in Fundamental Rights.
He said letters alleged to be written by activist Sudha Bharadwaj were flashed on TV channels. Police selectively disclosing the probe details to media amounts to casting cloud on fair investigation, he said.
Justice Chandrachud was of the opinion that this was a fit case for appointing an Special Investigation Team (SIT). He said there should be monitoring of the SIT probe by the apex court.
The plea was filed by historian Romila Thapar and others seeking the immediate release of five rights activists in connection with the Koregaon-Bhima violence case and an SIT probe into their arrest.
The plea by Thapar, economists Prabhat Patnaik and Devaki Jain, sociology professor Satish Deshpande and human rights lawyer Maja Daruwala, has sought an independent probe into the arrests and the immediate release of the activists.
The Maharashtra police had arrested them on August 28 in connection with an FIR lodged following a conclave -- 'Elgaar Parishad' -- held on December 31 last year that had later triggered violence at Koregaon-Bhima village in the state.
The apex court had on September 19 said it would look into the case with a "hawk's eye" as "liberty cannot be sacrificed at the altar of conjectures".
It had told the Maharashtra government that there should be a clear-cut distinction between opposition and dissent on one hand and attempts to create disturbance, law and order problems or overthrow the government on the other.
The court had reserved the judgment on September 20 after counsel for both parties, including senior advocates Abhishek Manu Singhvi, Harish Salve and Additional Solicitor General Tushar Mehta, concluded their submissions.
Senior advocate Anand Grover, Ashwini Kumar and advocate Prashant Bhushan, appearing for the activists, had also alleged that the entire case was cooked up and adequate safeguards should be provided to protect the liberty of the five activists.
(With agency inputs)
