The Supreme Court’s decision on Friday to reject an appeal for a fair and impartial investigation made on behalf of five eminent intellectuals and human rights activists arrested by the Pune police in a sensational nationwide swoop August 28, and charged under the Unlawful Activities Prevention Act, normally used against dangerous terrorists, will shock many. It’s no less a surprise that in a split 2-1 verdict, the court should also explicitly disregard the plea that dissent was being criminalised. The activists included lawyers, academics, a journalist and a legendary poet over 70 who for decades spoke up for the constitutional rights of society’s marginalised people.
The majority judgment by Chief Justice Dipak Misra and Justice A.M. Khanwilkar is spectacularly at variance with the dissenting judgment of Justice D.Y. Chandrachud, who not only backed the plea for a special investigation under the court’s supervision, but also sharply criticised the Pune police for its high-handed methods and cheekily cocking a snook at the court itself.
Mercifully, the order allows the charged intellectuals to stay under house arrest for another four weeks. In this time, they may seek legal remedies. This time is also given to the police to wrap up its investigations.
It’s not clear though if the activists will be handed over to the police for custodial interrogation after this period if they haven’t got bail by then. That will be a travesty. Already, the police is trying to link the charged persons with bizarre plots to assassinate the Prime Minister and the Maharashtra CM. People will smell a rat if the police continues on that track.
