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Supreme Court of India 2018-09-28 disposed

Romila Thapar and Ors vs Union of India and Ors

Bench: 3 — A.M. Khanwilkar, D.Y. Chandrachud

In Brief

Five prominent human rights activists—Gautam Navalakha, Sudha Bharadwaj, Varavara Rao, Arun Ferreira, and Vernon Gonsalves—were arrested by Pune Police on 28 August 2018 in connection with violence that occurred at Bhima-Koregaon on 1 January 2018. Five eminent citizens filed a public interest petition seeking independent investigation, alleging the arrests were motivated by a desire to stifle dissent rather than based on credible evidence. A 3-judge bench issued a divided verdict. The majority (Khanwilkar J.) dismissed the petition, holding that accused persons cannot choose their investigating agency and that specific evidence of mala fide was absent. The dissenting judge (Chandrachud J.) held that circumstances cast doubt on the police's impartiality—noting media leaks, procedural violations, and targeting of human rights defenders—and directed appointment of a Special Investigating Team monitored by the Court.

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Constitutional Law Human Rights Criminal Procedure Public Interest Litigation Right to Liberty Investigative Agency UAPA Dissent and Democracy Police Powers Article 32

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