SC stays order on relief to activists

The Supreme Court on Monday stayed a Bombay high court order rejecting extension of time granted to the Pune Police to conclude probe and file charge sheet in the Bhima Koregaon violence case.

A three Judge Bench of Chief Justice Ranjan Gogoi and Justices Sanjay Kishan Kaul and K. M. Joseph stayed the order on a special leave petition filed by the State of Maharashtra challenging the High Court order.

The bench has also issued notice to activists who were arrested in June this year seeking their reply.

Counsel for the State submitted that if the high court order were not stayed, the accused would be entitled for grant of statutory bail for want of non- filing of chargesheet within the stipulated period. The Bench then stayed the order and agreed to hear the appeal.

The high court had set aside the order passed by the Special Judge and Additional Sessions Judge, Pune on September 2, granting an extension of 90 days time for further investigation.

The high court accepted the submission made on behalf of the accused that the application for extension was moved by the police officer, and no report was submitted by the Public Prosecutor. It pointed out that when the law stipulates that the power is given to do a certain thing in a particular manner, the procedure couldn’t be deviated and complied with in that manner alone.