Activists: SC to order SIT probe if proof is cooked up

■ Extends house arrest, says it will set up SIT if involvement is established

The Supreme Court on Monday observed that if evidence submitted by the Maharashtra government in the arrest of five human rights activists is found to have been “cooked up” a probe by a special investigation team would be ordered.

Fixing September 19 for examining police evidence, Chief Justice Dipak Misra, heading a three- judge bench, made the observation when senior counsel Abhishek Manu Singhvi, appearing for the activists, insisted on a court- monitored investigation into the arrest of the activists on August 28 for their alleged role in the Bhima Koregaon violence in Maharasthra earlier this year.

The CJI told the counsel, “If the material relied upon by the Pune police is found to be cooked up, then we may even quash the charges against them.”

The Supreme Court on Monday observed that it would examine the materials submitted by the Maharashtra government in the arrest of the five human rights activists on September 19, and that if prima facie ground is established against their involvement, it would set up a special investigation team for a probe.

Chief Justice Dipak Misra, heading a threejudge bench, made this oral observation when senior counsel Abhishek Manu Singhvi, appearing for the five activists, insisted on a probe by a SIT or a court- monitored investigation into their arrest on August 28 for their alleged role in the Bhima- Koregaon violence.

The CJI told the counsel “We entertained the case on the foundations of liberty, which is sacrosanct. Issues like independent inquiry etc, can come at a later stage. If the material relied on by the Pune Police are found to be “cooked up”, then we may even quash the charges ● against them.”

He said, “The court cannot be expected to make up its mind unless it saw all the material evidence against the activists. First of all, we must have a look at the material. If we see the material and find it is cooked up, we will definitely order the setting up of an SIT... the debate here has to be whether the Criminal Procedure Code was violated. Wherever this court has appointed SIT, there has been grave violation.”

The bench, which included Justices A. M. Khanwilkar and D. Y. Chandrachud, was hearing petitions filed by Dr. Romila Thapar and others, challenging the arrest of the five activists. On August 29, the court had directed that they be kept under ‘ house arrest’ and it has been extended till September 19, when it would examine the materials. The bench posted the matter for a final hearing on Wednesday and asked the parties to submit a brief note on the propositions of law that has to be decided in this case.

The five activists, Varavara Rao, Sudha Bhardwaj, Arun Ferreira, Vernon Gonsalves and Gautam Navlakha were taken into custody from different parts of the country.

Varavara Rao, Sudha Bhardwaj, Arun Ferreira, Vernon Gonsalves and Gautam Navlakha were taken into custody from parts of the country.