SC says no to SIT
New Delhi: The Supreme Court Friday refused to interfere with the arrest of five rights activists by the Maharashtra Police in connection with the Koregaon-Bhima violence case and declined to appoint a SIT to probe their arrest.
A three-judge bench headed by Chief Justice Dipak Misra, in a 2:1 verdict, refused the plea seeking the immediate release of the activists.
The bench also extended by four weeks the house arrest of the activists. The five activists - Varavara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj and Gautam Navlakha - are under arrest at their homes since August 29.
The majority verdict said accused persons could not choose which investigating agency should probe the case, and this was not a case of arrest merely because of difference in political views.
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 the view of the two judges.
Justice Chandrachud, in his judgement dissenting with the majority, said the arrest of the five accused was an attempt by the state to muzzle dissent, and dissent is a symbol of a vibrant democracy.
The Maharashtra police had arrested the activists 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 verdict said the protection of house arrest of the activists would remain in force for four more weeks to enable the accused to seek appropriate legal remedy at a proper legal forum.
It said arrests were not because of dissent of activists, but there was prima facie material to show their link with banned CPI (Maoist) organisation.
The majority verdict disagreed with the PIL by historian Romila Thapar and others seeking the immediate release of five rights activists.
Justice Khanwilkar refrained from commenting on the merits of the case saying it may prejudice the case of accused and prosecution.
Justice Chandrachud said liberty cherished by the Constitution would have no meaning if persecution of the five activists is allowed without proper investigation.
He said the petition was genuine and lashed out at Maharashtra police for press meet, distribution of letters to media.
Justice Chandrachud 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 were selectively disclosing the probe details to media amounts to casting a cloud on the fair investigation, he said.
Justice Chandrachud was of the opinion that this was a fit case for appointing a Special Investigation Team (SIT). He said there should be monitoring of the SIT probe by the apex court.
