Bhima-Koregaon: SC to study chargesheet against arrested activists

NEW DELHI: The Supreme Court on Monday decided to examine Pune Police’s chargesheet invoking Unlawful Activities Prevention Act provisions against five activists arrested in June for their alleged links with the banned CPI (Maoist) as well as their alleged role in the Bhima Koregaon violence on December 31.
The investigating officer (IO) had moved the trial court seeking extension of time beyond the stipulated 90 days for filing chargesheet against arrested activists Surendra Gadling, Sudhir Dhawale, Rona Wilson, Mahesh Raut and Shoma Sen.Realising that an IO was not authorised to do so, the public prosecutor moved an application for extension of time. The trial court permitted the plea but the Bombay high court quashed the order giving an extension.
The SC had stayed the HC order, which allowed Pune Police to file the chargesheet. Appearing for the activists, senior advocates AM Singhvi, Kapil Sibal and Indira Jaising said there was a fundamental flaw as the IO had first moved the application on August 30. When police realised that the IO could not have moved the application, an identical plea was moved by the PP within hours.
Pune Police counsel Mukul Rohatgi said the technical mistake in the IO filing the plea for extension of time was corrected by a subsequent filing of application by the PP. A bench of Chief Justice Ranjan Gogoi and Justices SK Kaul and KM Joseph said the SC would like to take a broader view of the matter and wished to examine the contents of the chargesheet filed against the accused, who have been in jail since June 5.
The bench told the counsel for the activists not to raise “hyper technicality” flaws in their plea as the court wanted to examine the broader contours of the chargesheet and the gravity of the offences alleged against the accused persons. If the HC order declining extension of time for filing of chargesheet is upheld, then the activists would be entitled to default bail.
Jaising alleged that even when the matter was pending in the SC on the legality of the chargesheet, Pune Police had registered another case against her client Sudhir Dhawale. The SC asked her to give details of the FIR and summons, if any, issued in the fresh case filed against Dhawale and posted the case for further hearing on November 11.
Pune Police had on August 28 arrested Sudha Bharadwaj, Gautam Navlakha, P Varavara Rao, Arun Ferreira and Vernon Gonsalves accusing them of links with CPI (Maoist) and indulging in disruptive activities.
Another set of five activists led by Romila Thapar had challenged their arrests alleging that it was a brazen attempt to muzzle voice of dissent, which had led to Justice D Y Chandrachud’s famous comment, “Dissent is the safety valve of democracy. If dissent is not allowed, then the pressure cooker will burst.” In a detailed judgment later, the SC by two to one majority had rejected Thapar’s petition stating that the arrests did not appear to be for muzzling dissent. But Justice Chandrachud penned a dissent, maintaining his “pressure cooker” comment.