Published On : Fri, Sep 28th, 2018

No SIT probe,. house arrest of activists extended: SC on Bhima-Koregaon case

Bhima-Koregaon case: The Supreme Court begins pronouncing its verdict on the plea challenging the arrest of the 5 rights activists by the Maharashtra police.

Justice AM Khanwilkar and CJI Dipak Misra delivering a concurring judgment. Justice Chandrachud is dissenting in this case.

Reading out the verdict on the arrest of activists Varavara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj and Gautam Navlakha, Justice Khanwilkar said the accused can’t choose which probe agency should examine the case.

The court declined the constitution of a SIT, saying the accused are at liberty to pursue other appropriate remedies. “The accused persons do not have a say in which investgating agency should probe the case,” the concurring judgement said. The interim order passed by the court for house arrest shall continue for four more weeks. Justice Khanwilkar said this is not a case of arrest merely because of dissent or difference in political views.

Dissenting judgment from Justice Chandrachud: Technicalities should not be allowed to override substantive justice. The present petition not motivated by political aspects. Justice Chandrachud comes down heavily on the Pune police and berates them for holding a press conference immediately after the SC had passed an interim order. Justice Chandrachud said that the letter alleged to be written by Sudha Bhardwaj was flashed on a TV channel, police selectively disclosing probe details to media casting cloud on fairness of investigation.