Activists have Maoist links, asserts SC
‘There is prima facie material to show that five rights activists have links to a banned Maoist group,’ the court said
NEW DELHI: The Supreme Court has said there is prima facie material to show that ive human rights activists arrested over the Bhima-koregaon violence case have links to a banned Maoist group. A three-member bench, by a 2:1 majority, rejected a plea for a special investigation team supervised by it to probe charges against them.
“There is prima facie material to show that ive rights activists have links to a banned Maoist group,” the court said.
“The accused persons have no say in seeking investigation of their choice, Justice AM Khanwilkar who read out the majority judgment on behalf of Chief Justice Dipak Misra and himself said. “They cannot choose the manner of arrest. “Accused persons cannot choose which investigating agencies should investigate. This is not a case of arrest merely because of dissent or difference in political views.” However, the judges declined a plea made by Maharashtra police for their custody and insisted that they remain under house arrest. Lawyer and trade union activist Sudha Bhardwaj, Telugu poet P. Varavara Rao, activist Gautam Navlakha, and lawyers Arun Ferreira and Vernon Gonsalves will continue to stay home for more four weeks and can seek bail.
Chief Justice of India Dipak Misra and AM Khanwilkar, by majority, allowed the police to proceed with the investigation. The police had arrested them in country-wide raids on August 28. Rao, Bharadwaj, Farreira, Gonzalves and Navalakha were arrested under IPC Section 153 (A), which relates to promoting enmity between different groups on grounds of religion, race, place or birth, residence, language and committing acts prejudicial to maintenance of harmony.
Justice DY Chandrachud, the third judge on the bench, disgreed with the majority opinion.
“Technical arguments should not come in the way of safeguarding personal liberty,” he said and pressed for a need of a court-monitored probe. “There is no basis to link the activists with the allegations by police.” Justice Chandrachud questioned the police holding a big press conference and “use media to cast aspersion on the activists.” “There are serious concern and cloud over the probe over police action for brieing and using the electronic media for media trial,” he said. “The court has to be vigilant that liberty is not sacriiced on the altar of conjecture. The conduct of police to use the media to cast aspersion on the activists is questionable,” Chandrachud said.
Meawhile BJP president Amit Shah launched a scathing attack on Congress president Rahul Gandhi for supporting “Maoists, fake activists and corrupt elements” of the society.
“There is only one place for idiocy and it’s called the Congress.
Support ‘Bharat Ke Tukde Tukde Gang’, Maoists, fake activists and corrupt elements,” Shah tweeted.
Gandhi had on August 28 tweeted, “There is only place for one NGO in India and it’s called the RSS. Shut down all other NGOS. Jail all activists and shoot those that complain.”