The Bombay High Court pulled up the Maharashtra police on Monday for holding a press conference to share more information about its evidence against five individuals arrested on the charge of having links with Maoists and the Bhima-Koregaon violence.
The HC objected to the August 31 media address of Additional Director-General of Police Param Bir Singh, who had stressed the need for the custodial interrogation of Varavara Rao, Arun Ferreira, Sudha Bharadwaj, Vernon Gonsalves, and Gautam Navlakha.
A division bench of justices SS Shinde and Mridula Bhatkar rapped the cops for exceeding their brief, saying the matter is under the consideration of the Supreme Court. As per law, a sub judice case is prohibited from public discussion outside the court.
"How can the police do this? The matter is sub judice. When the Supreme Court is seized of the matter, then revealing information is wrong," said the HC judges as they heard a petition by Sudhir Gaikwad, who sought that the probe be taken over by the National Investigation Agency.
Soon after the arrest of the five alleged 'urban Naxals' in a multi-city raid on August 28, the Supreme Court had denied the police their custody and instead, ordered that they be put under house arrest till it heard a plea challenging the police action, on September 6.
During his press conference, ADGP Singh had tried to elaborate on the evidence against the five accused by showing copies of a few "incriminating" documents.
The police have accused the five people of being part of a Maoist design for facilitate weapons and funding.
According to the Pune police, the names of Rao, Ferreira, Bharadwaj, Gonsalves, and Navlakha cropped up during their investigation into the violence at Bhima-Koregaon that left one dead and scores injured on January 1, following the Elgaar Conclave.
Advocate Nitin Satpute, who represented the petitioner, called the probe by the Pune city police politically motivated. "They are not working fairly but with a malafide intention best known to them, arresting intellectuals, who are social rights activists, advocates, human rights activists, poets, writers and other respectable persons of the society." The petition also seeks suspension of investigating officer ACP Shivaji Pawar.
Extending his support to the petition, advocate Mihir Desai sought a copy of the plea and contended that the Unlawful Activities Prevention Act cannot be applied without the sanction of the Centre. The HC then ordered Satpute to serve copies of the petition to all the parties. The matter will be heard next on September 7.
Public Prosecutor Deepak Thakare, appearing for the police, informed the high court that he would convey its observations to the officers concerned.
‘EVIDENCE’ IN PUBLIC EYE
THE PRESS MEET
- Addl DGP Param Bir Singh tells the media on August 31 that they need the custodial interrogation of Varavara Rao, Arun Ferreira, Sudha Bharadwaj, Vernon Gonsalves, and Gautam Navlakha who have been arrested for alleged Naxal links.
- Top cop shows “incriminating” documents to elaborate their evidence against the five.
STATUS OF CASE
Following their challenge to police action, the SC has ordered house arrest of the five ‘urban Naxals’. Matter likely to come up for hearing on September 6
HIGH COURT FUMES
Court says cops exceeded their brief by calling for the presser since the matter is sub judice, which prohibits a case from public discussion outside the court
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