New Delhi: A three-judge bench of the Supreme Court has begun hearing the matter pertaining to the arrest of Dalit rights activists and lawyers in connection with the Bhima-Koregaon violence.
The petition was mentioned on Wednesday morning by a host of lawyers including Senior Advocates Abhishek Manu Singhvi, Dushyant Dave, Indira Jaising, Raju Ramachandran and Amarendra Sharan, along with senior advocates Prashant Bhushan and Vrinda Grover before Chief Justice of India Dipak Misra at 10.30 am.
The Supreme Court has also given interim relief to the activists and directs to keep the five accused under house arrest till September 5.
#BhimaKoregaon: Supreme Court issues notice in petition by activists challenging arrest of lawyers and activists
As interim relief, court says only house arrest of the accused permitted till next hearing.
Next hearing on Sept 6.
— Bar & Bench (@barandbench) August 29, 2018
Supreme Court is hearing the petition of Romila Thapar, Prabhat Patnaik, Satish Deshpande and others against the arrest of activists Sudha Bhardwaj and activist Gautam Navlakha in #BhimaKoregaon matter. https://t.co/xNoCZ8L0em
— ANI (@ANI) August 29, 2018
Delhi HC Justice Muralidhar begins dictating the order for the day. #BhimaKoregaon #GautamNavlakha
— Bar & Bench (@barandbench) August 29, 2018
#BhimaKoregaon: Dissent is the safety valve of democracy, if you dont allow safety valve pressure cooker will burst, Justice DY Chandrachud.
— Bar & Bench (@barandbench) August 29, 2018
#BhimaKoregaon: These are not people with criminal antecedents, Dushyant Dave.
— Bar & Bench (@barandbench) August 29, 2018
#BhimaKoregaon: Tomorrow you or me could be arrested, submits the petitioners.
— Bar & Bench (@barandbench) August 29, 2018
#BhimaKoregaon: These are random arrests unconnected with the case, Rajeev Dhavan.
— Bar & Bench (@barandbench) August 29, 2018
#BhimaKoregaon: @DrAMSinghvi pressing for stay on arrest.
"A stranger is asking for stay on arrest. They are before HC which has already passed some interim orders", ASG Tushar Mehta objects very strongly.
— Bar & Bench (@barandbench) August 29, 2018
Senior lawyer Abhishek Manu Singhvi, representing the petitioners in the Supreme Court argued that the FIR does not mention any of these five activists.
“The larger issue is the chilling effect merely because one does not agree with you (government),” argued Advocate Singhvi, as quoted by Bar and Bench.
This country is moving towards dictatorship. The arrests of the five intellectuals show that the country is moving towards emergency and I condemn it: Former Bihar CM Lalu Prasad Yadav. #BhimaKoregaon pic.twitter.com/RB3jh6tRFw
— ANI (@ANI) August 29, 2018
The Bahujan Samaj Party released a statement on Wednesday condemning the arrests of the ‘activists’ accused of being Maoist sympathizers, calling the case an “utmost exploitation of power by BJP.” The statement read, “Arrests of activists who fight in court against the oppression of Dalits, Tribals and backward communities in the nation, to spread terror and fear of the govt, is autocracy and utmost exploitation of power by BJP.”
Arrests of activists who fight in court against oppression of Dalits, Tribals & backward communities in the nation, to spread terror and fear of the govt, is autocracy & utmost exploitation of power by BJP: Bahujan Samaj Party (BSP) on arrests of activists in #BhimaKoregaonCase pic.twitter.com/X4lysYjrrI
— ANI UP/Uttarakhand (@ANINewsUP) August 29, 2018
According to Bar & Bench, Justice Muralidhar
Muralidhar J also questions the credibility of the witnesses to Gautam Navlakha arrest. A witness should either be family members or respectable members of the locality.. it can't be someone who accompanies the police, says Muralidhar J.
— Bar & Bench (@barandbench) August 29, 2018
Delhi HC notes that the documents placed before the CMM at the time of transit remand application were in Marathi. How was the order passed when the documents were in a language that the court does not understand, asks Muralidhar J.
Delhi HC hearing the matter pertaining to Gautam Navlakha’s transit remand said that except for the remand papers, nothing else translated from Marathi.
Former Maharashtra Chief Minister Prithviraj Chavan questioned the arrests of prominent people and said that the state should clarify the reason behind the arrests.
“Are they for Bhima Koregaon violence or Elgar Parishad or death threat to PM or Naxal activities? Government is conveniently ambiguous, wants to divert attention from Sanatan Sanstha”, Chavan said adding that the arrests are an effort to muzzle voices of dissent.
4,700 prominent citizens have signed a joint statement for the release of activists: Shehla Rashid.
Delhi High Court questions the prosecution that why arrest memo was not given to Gautam Navlakha or his counsel. HC observed, "every minute that a person is spending in custody is matter of concern". #BhimaKoregaon
— ANI (@ANI) August 29, 2018
Activists, including Telugu poet Varavara Rao, Arun Pereira and Varnan Gonsalves were brought before a local court.
On Tuesday, the Pune Police carried out near-simultaneous raids in Mumbai, Ranchi, Hyderabad, Faridabad, Delhi, and Thane, with informed sources telling ANI that Varavara Rao, Arun Ferreira, Gautam Navlakha, Gonsalves and Sudha Bhardwaj were the five activists arrested in connection with the violence which broke out in January.
The police have booked all the accused under Sections 153 A, 505(1) B,117,120 B,13,16,18,20,38,39,40 of the Indian Penal Code (IPC) and Unlawful Activities (Prevention) Act.
The arrests have drawn flak from rights activists, academicians, and the Opposition.
The Bhima Koregaon violence erupted across Maharashtra while observing the 200th anniversary of the Bhima-Koregaon battle in January. A youth died and several others, including 10 policemen, were injured in the violence.