Koregaon-Bhima: SC stays Bombay HC order refusing extension of time to police to file chargesheet
Recently, the Bombay High Court had set aside the lower court’s order allowing extension of time to police to file its probe report against the rights activists in the violence case.Updated: Oct 29, 2018, 23:35 IST
A bench led by Chief Justice Ranjan Gogoi put on hold the Bombay High Court verdict that declined extension of time to the police to file the charge sheet against the five activists who were arrested in June in the Bhima-Koregaon violence case.
The Maharashtra government on Monday got more time from the Supreme Court to conclude its probe and file a final investigation report before the appropriate trial court in the case.
In a related development ,the bench, also comprising justices SK Kaul and KM Joseph, also issued notice to activist Gautam Navlakha on Maharashtra government’s appeal against the Delhi High Court decision quashing the transit remand issued against him in connection with the same case.
Pune police had on August 28 raided the premises of five well-known activists, including that of Navlakha, alleging they were Maoist sympathisers and involved in the Bhima-Koregaon violence.
Former attorney general and senior advocate Mukul Rohatgi, who appeared for the Maharashtra government, argued denial of time would entitle the accused to statutory bail due to non-filing of the charge sheet within the stipulated time period of 90 days. He said the investigating officer’s application before the trial court for an extension was endorsed by the public prosecutor.
Senior advocates Kapil Sibal and Abhishek Manu Singhvi opposed the submissions, saying the high court had rightly held that filing of the application was illegal.
On the Delhi HC judgment, Rohatgi said it should not have entertained the habeas corpus (bring the body) writ petition in the case because the top court had ordered house arrest of Navlakha.
“How can there be a habeas corpus petition when the Supreme Court is saying they will be kept in house arrest,” he said.
Earlier, the apex court had refused to interfere with the arrest of five rights activists by the Maharashtra police in connection with the Koregaon-Bhima violence case and declined to appoint a special investigation team (SIT) for a probe into their arrest.