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The PIL that was filed by historian RomilaThapar and four other eminent personalities in connection with the arrests made in the BhimaKoregaonviolence witnessed another eventful hearing in the Supreme Court when ASG Tushar Mehta, Maninder Singh and senior advocate Harish Salve entered into an exchange of dialogues and war of words with Abhishek Manu Singh, Anand Grover, Ashwani Kumar and Rajeev Dhawan and Advocate Prashant Bhushan. The bench was being headed by Chief Justice DipakMisra, Justice AM Khanwilkar and Justice DY Chandrachud. The bench held that any decision to quash the criminal proceedings or directing an independent inquiry into the matter shall be taken into here only upon the production of evidence and other materials. The bench further extended its interim order to keep the accused under house arrest.
There were several contentions and questions raised. Dr. Singhvi asked the court whether this is dissent or something else. People who are strangers to the case have come forth to lodge a petition. He mentioned that the petitioners are not even parties to the investigation. But the court observed that the Courts duty was only to see whether they could go to some other criminal courts or is there something that can be done under article 32 of the Constitution. ASGManinder Singh said that the problem with naxalism is that it is not limited to a particular region but is transcending states and is becoming a serious national concern. This contention was regarded as pedantic by Dr Singhvi who then said that adjudication under Artie 32 depends on the feel of the case rather than text or context. Unless the conscience if the court is shocked, relief cannot be expected. He says that the first FIR relates to the incitement of riots carried out by SambhajiBhide and MilindEkbote. It also speaks of disruption of a peaceful procession being carried out by Dalits. The second FIR relates to a self proclaimed fan of Bhide who openly spreads hate slogans to promote enmity. Finally he refers to Ekbote'sinvolvement in the offence which shook the social conscience of Maharashtra. Mr. Mehta asked the courts not to take any decisions until the evidence has been scrutinised properly. When advocate Prashant Bhushan regarded the allegations as cooked up stories, the Chief Justice said that more attention is to be paid to understand what is cooked up and what is not. Senior advocate Anand Grover contended that provisions of the CrPC on arrests and search had not be complied for. Earlier the cases were heard by competent courts. Now, to prevent confusion the bench preferred the transfer of the case to a single court. Hearing would be next on 19th September. House arrests to continue till then.
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