SC to hear M'trs plea against Bombay HC order on October 29: Bhima Koregaon

A bench headed by Chief Justice of India Ranjan Gogoi fixed the date after advocate Nishant Katneshwar, representing the state government, mentioned the matter and sought an urgent hearing

Supreme Court

The Supreme Court will hear on Monday, October 29 Maharashtra government’s plea challenging the Bombay High Court order that set aside the grant of more time to state police to complete investigation against five accused arrested for Maoist links in June in connection with the probe into Elgar Parishad and Bhima Koregaon violence.

The Maharashtra government yesterday moved the Supreme Court challenging the Bombay High Court order that set aside a Pune court order granting an extension of 90 days for investigation into the alleged Maoist links of five arrested activists by the state police. The matter came up today and has been scheduled for hearing on October 29.

A bench headed by Chief Justice of India Ranjan Gogoi fixed the date after advocate Nishant Katneshwar, representing the state government, mentioned the matter and sought an urgent hearing.

The High Court on October 24 set aside an order of a Pune trial court, granting 90 more days to the police to finish the probe against the five accused — Surendra Gadling, Sudhir Dhawale, Rona Wilson, Shoma Sen and Mahesh Raut.

The Pune court had on September 2 allowed the relief under Section 43-D (2)(b) of the Unlawful Activities Prevention Act (UAPA) which says that 90 more days may be granted if it is not possible to complete the investigation within the initial 90 days.

This was challenged in the Bombay High Court with the petitioners contending that the said relief can be granted only on a report by the Public Prosecutor. However the report before the Pune court was filed by the police and not the Public Prosecutor, they contended. The HC agreed with this contention.