Bhima Koregaon case Latest updates: The hearing on the bail plea of activists has been deferred till Thursday.
Abhishek Manu Singhvi argued that the so called letters quoted by the Maharashtra Police to Comrade Prakash are fabricated, because the judgment convicting Professor GN Saibaba mentions that it was a name used by him. However, he remains in jail since a long time. He questioned whether Saibaba was writing, or receiving Maoist-activities related letters from government-run prison cells.
The Supreme Court, during a previous hearing on Monday, had indicated that it may order an SIT probe if it found that evidence has been "cooked up" and the material supporting the arrest of the five rights activists in the Koregaon-Bhima violence case needed to be examined.
Making his submissions, senior advocate Anand Grover said that he concurs with Singhvi's points. He also questioned the release of prime accused Milind Ekbote in the case and said that an SIT should be constituted to bring out the truth.
Opening today's arguments, Abhishek Manu Singhvi, who is representing the activists argued that the initial FIRs did not mention any larger conspiracy. He argued that the so called letters quoted by the Maharashtra Police even name profesor GN Saibaba who is in jail since 2017.
The Supreme Court has started hearing the petition against arrest of activists in Koregaon-Bhima violence case on Wednesday. This is expected to be the final hearing on the case.
The last hearing on Monday saw sharp exchanges between senior advocate Rajeev Dhavan and Additional Solicitor General Tushar Mehta. At the fag end of the hearing of the plea filed by historian Romila Thapar before a bench headed by Chief Justice Dipak Misra, Dhavan referred to interruptions by the law officer.
The Supreme Court of India. PTI
"Mr Mehta should be a commentator in local cricket matches. Don't convert everything into a stupid drama. He did this to me during the hearing of another important case. Let us have a hearing without these interruptions,” Dhavan said.
"I do not want to stoop to his level. This pedestrian language has been used for judges also," the law officer responded angrily.
This prompted senior advocate Harish Salve, appearing for the complainant in the violence case, to say "the arguments be confined to the case. I am making this request second time in this court...".
The bench fixed the plea of Thapar and the others for final hearing on 19 September, while specifying the time limit for advancing of arguments by lawyers including Salve, AM Singhvi, Anand Grover, Dhavan, Mehta and Additional Solicitor General Maninder Singh.
The Maharashtra police had arrested the rights activists on 28 August in connection with an FIR lodged following a conclave — 'Elgaar Parishad' — held on 31 December last year that had later triggered violence at Koregaon-Bhima village.
Prominent Telugu poet Rao was arrested on 28 August from Hyderabad, while activists Gonsalves and Ferreira were nabbed from Mumbai, trade union activist Sudha Bharadwaj from Faridabad in Haryana and civil liberties activist Navlakha from Delhi.
Firstpost is now on WhatsApp. For the latest analysis, commentary and news updates, sign up for our WhatsApp services. Just go to Firstpost.com/Whatsapp and hit the Subscribe button.
Updated Date: Sep 19, 2018 16:22:37 IST
Highlights
Tushar Mehta places case diary in front of court
ASG Tushar Mehta placed the case dairy in front of the bench and urged the judges to have glance at it. He detailed the progress of the investigation and how the police conducted the matter so far. Mehta said that there was no need for a search warrant for the raids.
Prosecution of activists seems to be mala fide, arbitrary, says defence lawyer
Defence lawyer Ashwini Kumar told the Supreme Court that the Court should ensure the liberty of persons against illegal incarceration. He said that the criminal prosecution seems to be mala fide and arbitrary.
Complainant from Pune village hires Harish Salve to represent case
Tushar Damgude, whose FIR against organisers of Elgar Parishad lead to the arrest of five activists, is being represented by senior advocate and former attorney general of India Harish Salve.
When Scroll questioned Damgude as to how he could afford the services of Salve, he deflected the question saying media asks him too many questions. “How did this Varavara Rao and others get Prashant Bhushan as their lawyer? How did Yakub Memon get his lawyer?” he asked, referring to the 1993 Mumbai bombings convict who was hanged in 2015. “I got mine the same way.”
Salve did not respond to the news website's questions whether he was representing the complainant pro-bono. Meanwhile, Singhvi and Bhushan clarified that they did not charged the activists a fee for representing their case.
Raids conducted without permission. say defence lawyers
The nationwide raids on homes of left-leaning rights activists were have been questioned in the case. The defence lawyers claimed that the police did not furbosh the required permission before the raids. It was also alleged that the warrants were in Marathi and a translation wasn't offered to non-Marathi speaking activists.
Five rights' activists under house arrest since 28 August
Five rights' activists — Arun Ferreira, Varavara rao, Sudha Bharadwaj, Vernon Gonsalves, Gautam Navlakha — accused of being 'urban naxals' and the intellectual face of the violent fight against state, have been under detention since 28 Augist.
Defence lawyer Anand Grover begins submission, says why was primary accused Milind Ekbote released on bail
Making his submissions, senior advocate Anand Grover said that he concurs with Singhvi's points. He said that after the first FIR was registered, there was no particular reason under law to register a second FIR.
He also questioned the release of prime accused Milind Ekbote in the case and said that an SIT should be constituted to bring out the truth.
Set up SIT to probe matter to restore people's confidence: Abhishek Manu Singhvi
Singhvi, defending the five activists — Arun Ferreira, Varavara rao, Sudha Bharadwaj, Vernon Gonsalves, Gautam Navlakha — said that they believe that the case is based on cooked up evidence and the letters produced before te court appear Ex facie to be fabricated. He submitted that SIT so that public confidence be built up in law.
Abhishek Manu Singhvi seeks independent probe in matter
Arguing the matter, Singhvi told the court that he wants an independent person to probe the matter. He cited the Supreme Court's earlier orders where it constituted an SIT in exercise of jurisdiction under Article 32. He cited the NHRC case, Ram Jethmalani vs UOI (Black money case) delivered by Justice B Sudarshan Reddy (Retd.)
Abhishek Manu Singhvi opens arguments, says initial FIRs did not mention any larger conspiracy
Opening today's arguments, Abhishek Manu Singhvi, who is representing the activists argued that the initial FIRs did not mention any larger conspiracy. He argued that the so called letters quoted by the Maharashtra Police even name profesor GN Saibaba who is in jail since 2017. He questioned whether Saibaba was writing, or receiving Maoist-activities related letters from government-run prison cells.
SC begins hearing on petition against arrest of activists
The Supreme Court has started hearing the petition against arrest of activists in Koregaon-Bhima violence case on Wednesday. This is expected to be the final hearing on the case.
Final hearing in case today
Today will be the last in several rounds of arguments and counter arguments. The Supreme Court bench posted the matter for final hearing for today during Monday's hearing, while specifying the time limit for advancing of arguments by lawyers including Salve, AM Singhvi, Anand Grover, Dhavan, Mehta and Additional Solicitor General Maninder Singh.
Supreme Court to resume hearing Bhima Koregaon arrests case shortly
Supreme Court is set to resume the hearing in the Bhima Koregaon case on Wednesday. Prosecution, Maharashtra police & the Centre will produce case diary in front of the court. They will also submit the proof of the links between Maoist organisation and activists. On the other hand, the activists' lawyers will argue that the case was cooked up and the activists were neither present at the Bhima-Koregaon event nor did they have a part to play in the violence.
16:06 (IST)
Hearing on bail of activists deferred till tomorrow, house arrest to continue
CNN-News18 further reported that the apex court observed that "institutions must be robust enough to tackle opposition."
"Liberty cannot be subjected to conjectures. There has to be a distinction between the opposition and overthrowing of a government by constitutionally impermissible methods," The Leaflet quoted Justice DY Chandrachud as saying.
16:00 (IST)
Criminal prosecution seems to be mala fide: Ashwini Kumar
"Court should ensure the liberty of persons against illegal incarceration. The criminal prosecution seems to be mala fide and arbitrary," ANI quoted lawyer Ashwini Kumar as telling the Supreme Court.
15:32 (IST)
Tushar Mehta places case diary in front of court
ASG Tushar Mehta placed the case dairy in front of the bench and urged the judges to have glance at it. He detailed the progress of the investigation and how the police conducted the matter so far. Mehta said that there was no need for a search warrant for the raids.
15:18 (IST)
ASG Tushar Mehta says cogent material available against arrested activists
The hearing has resumed and ASG Tushar Mehta is arguing on behalf of the Maharashtra government. He said that the action against all accused was taken because cogent material was available against them. He said that except one person Sudhir, no one was arrested immediately.
14:45 (IST)
Prosecution of activists seems to be mala fide, arbitrary, says defence lawyer
Defence lawyer Ashwini Kumar told the Supreme Court that the Court should ensure the liberty of persons against illegal incarceration. He said that the criminal prosecution seems to be mala fide and arbitrary.
14:13 (IST)
Complainant from Pune village hires Harish Salve to represent case
Tushar Damgude, whose FIR against organisers of Elgar Parishad lead to the arrest of five activists, is being represented by senior advocate and former attorney general of India Harish Salve.
When Scroll questioned Damgude as to how he could afford the services of Salve, he deflected the question saying media asks him too many questions. “How did this Varavara Rao and others get Prashant Bhushan as their lawyer? How did Yakub Memon get his lawyer?” he asked, referring to the 1993 Mumbai bombings convict who was hanged in 2015. “I got mine the same way.”
Salve did not respond to the news website's questions whether he was representing the complainant pro-bono. Meanwhile, Singhvi and Bhushan clarified that they did not charged the activists a fee for representing their case.
13:32 (IST)
Raids conducted without permission. say defence lawyers
The nationwide raids on homes of left-leaning rights activists were have been questioned in the case. The defence lawyers claimed that the police did not furbosh the required permission before the raids. It was also alleged that the warrants were in Marathi and a translation wasn't offered to non-Marathi speaking activists.
13:12 (IST)
Five rights' activists under house arrest since 28 August
Five rights' activists — Arun Ferreira, Varavara rao, Sudha Bharadwaj, Vernon Gonsalves, Gautam Navlakha — accused of being 'urban naxals' and the intellectual face of the violent fight against state, have been under detention since 28 Augist.
13:02 (IST)
Supreme Court had said it will order SIT probe if it finds evidence was cooked up
The Supreme Court, during a previous hearing on Monday, had indicated that it may order SIT probe if it found that evidence has been "cooked up" and the material supporting the arrest of the five rights activists in the Koregaon-Bhima violence case needed to be examined.
13:00 (IST)
Hearing to resume after lunch
12:55 (IST)
Defence lawyer Anand Grover begins submission, says why was primary accused Milind Ekbote released on bail
Making his submissions, senior advocate Anand Grover said that he concurs with Singhvi's points. He said that after the first FIR was registered, there was no particular reason under law to register a second FIR.
He also questioned the release of prime accused Milind Ekbote in the case and said that an SIT should be constituted to bring out the truth.
12:49 (IST)
Singhvi concludes arguments
12:49 (IST)
Set up SIT to probe matter to restore people's confidence: Abhishek Manu Singhvi
Singhvi, defending the five activists — Arun Ferreira, Varavara rao, Sudha Bharadwaj, Vernon Gonsalves, Gautam Navlakha — said that they believe that the case is based on cooked up evidence and the letters produced before te court appear Ex facie to be fabricated. He submitted that SIT so that public confidence be built up in law.
12:35 (IST)
Abhishek Manu Singhvi seeks independent probe in matter
Arguing the matter, Singhvi told the court that he wants an independent person to probe the matter. He cited the Supreme Court's earlier orders where it constituted an SIT in exercise of jurisdiction under Article 32. He cited the NHRC case, Ram Jethmalani vs UOI (Black money case) delivered by Justice B Sudarshan Reddy (Retd.)
12:26 (IST)
Abhishek Manu Singhvi opens arguments, says initial FIRs did not mention any larger conspiracy
Opening today's arguments, Abhishek Manu Singhvi, who is representing the activists argued that the initial FIRs did not mention any larger conspiracy. He argued that the so called letters quoted by the Maharashtra Police even name profesor GN Saibaba who is in jail since 2017. He questioned whether Saibaba was writing, or receiving Maoist-activities related letters from government-run prison cells.
12:22 (IST)
SC begins hearing on petition against arrest of activists
The Supreme Court has started hearing the petition against arrest of activists in Koregaon-Bhima violence case on Wednesday. This is expected to be the final hearing on the case.
12:09 (IST)
Final hearing in case today
Today will be the last in several rounds of arguments and counter arguments. The Supreme Court bench posted the matter for final hearing for today during Monday's hearing, while specifying the time limit for advancing of arguments by lawyers including Salve, AM Singhvi, Anand Grover, Dhavan, Mehta and Additional Solicitor General Maninder Singh.
12:01 (IST)
Supreme Court to resume hearing Bhima Koregaon arrests case shortly
Supreme Court is set to resume the hearing in the Bhima Koregaon case on Wednesday. Prosecution, Maharashtra police & the Centre will produce case diary in front of the court. They will also submit the proof of the links between Maoist organisation and activists. On the other hand, the activists' lawyers will argue that the case was cooked up and the activists were neither present at the Bhima-Koregaon event nor did they have a part to play in the violence.