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Justice Chandrachud could not agree with Chief Justice DipakMisra, Justice AM Khanwilkar while observing that dissent is a symbol of vibrant democracy and voices in opposition cannot be muzzled by persecuting those who take up unpopular causes. He said that a special investigative team must be appointed to probe the arrest of go e activists in the BhimaKoregaon case. He further ordered that the interim order passed by the Court on 29th of August 2018 would operate for a further of three weeks within which any one or more of the arrested individuals can apply for bail. He further criticised the actions of Pune Police of the unfair press conference.
He said that the role of the court involves particularly sensitive balances when the State seeks to curb freedom to investigate perceived breaches involving offences against the State. He spoke about how dissenting voices have their spaces in the Constitution. There is a serious allegation that the arrests have been motivated by attempts to quell dissent and to persecute give individuals who have pursued the cause of persons who have suffered discrimination and human rights violation. He said that the Court has to be vigilant in the exercise of its jurisdiction under Article 32 to ensure that liberty is not sacrificed at the altar of conjectures. He further mentioned that deprivation if human rights seriously impinges upon the dignity of the individual for which even compensation may not constitute an adequate recompense this theme echoes in the judgments if Kiran Bedi v Committee of Inquiry, DK Basu v State of West Bengal.
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