Will not arrest DU prof Nandini Sundar, C'garh govt to SC

New Delhi: In a huge reprieve, the Chattisgarh government on Monday informed the Supreme Court that human rights activist and Delhi University professor Nandini Sundar and four others accused in a murder case will neither be arrested nor interrogated pursuant to the filing of an FIR against them. 

Additional Solicitor General Tuhsar Mehta appearing for Chattisgarh government gave this assurance before a bench of Justices Madan B Lokur and AK Goel after senior counsel Ashok Desai appearing for Nandini alleged that FIR had been registered for an offence said to have been committed in November 2016.

When he pressed for stay of the FIR, the ASG said “we will not arrest them in this FIR. The court may record my statement.”

The ASG produced documents in a sealed cover to indicate the materials based on which the FIR was registered against Nandini Sundar and others.

But the court refused to accept or peruse the documents. Justice Lokur told the ASG when you say that they will not be arrested in this FIR, then where is the need for us to look into the materials.

The Bench said “we will dispose of the present application seeking to quash the FIR and an interim stay. But the stay can’t be for perpetuity. If new materials come then the State can proceed further to investigate the case on giving four weeks notice to the petitioner. If any such notice is received the petitioner will be at liberty to seek remedy.” 

Senior counsel Ashok Desai, appearing for Nandini gave a list of suggestions to the ASG for his consideration to resolve the issue.

Counsel said the suggestions are given in the light of the court’s observation last Friday, when it observed “there is an aggravation of Maoist situation and the government should take a “pragmatic view of life” and find a “peaceful solution”.

The Bench was hearing an application filed by Ms. Sundar for a stay and quashing of an FIR for the murder of a tribal person in the insurgency-hit Sukma district of Chhattisgarh.

The police claim that the FIR was filed on the basis of a complaint allegedly filed by Baghel's wife.

Desai drew the court’s attention to the fact that Nandini and others had visited the area in May and they are booked for a crime committed in November which is absurd.

He also referred to an interview by a police officer in NDTV that Nandini and others will be stoned if they enter Bastar area.

Counsel wondered whether is this the way the State should treat the petitioners.

The ASG said “let us not go by media reports. But I have something more to say. Permit me to produce the materials. You go through them and you will find that there is every justification for the FIR.”

The Bench, however, did not receive the materials and disposed of the petitioner’s application with liberty that they can approach the court if further action is sought to be achieved against them.