Bhima Koregaon case: Supreme Court adjourns hearing on Maharashtra's plea to December 3

Supreme Court on vember 16 journed to December 3 hearing on Maharashtra government's plea challenging Bombay High Court order by which extension of time granted to state police to conclude probe in Bhima Koregaon violence case was set aside.

A bench of Chief Justice Ranjan Gogoi, and justices S K Kaul and K M Joseph deferred matter to enable counsel for Maharashtra government to file a rejoinder affidavit in case.

apex court on October 29 h granted time till December 1 to Maharashtra Police to file charge sheet in Bhima Koregaon violence case.

A Pune special court, on expiry of 90-day deline for filing of charge sheet on September 2, h extended time by ar 90 days for filing probe report in case by taking te of state police's plea.

Pune Police h arrested lawyer Surendra Gling, Nagpur University professor Shoma Sen, Dalit activist Sudhir Dhawale, activist Mahesh Raut and Kerala native Rona Wilson in June for ir alleged links with Maoists under Unlawful Activities (Prevention) Act (UAPA).

trial court decision was set aside by Bombay High Court leing state government to approach apex court.

top court stayed Bombay High Court order, which h set aside lower court's verdict allowing extension of time to police to file probe report against rights activists arrested in case.

RE | Bhima Koregaon Case: Supreme Court Issues tice To Gautam Navlakha; Refuses To Give More Time To Pune Police For Investigation

bench h issued tice to rights activists on a plea of Maharashtra government, seeking ir replies within two weeks, and stayed operation of high court order.

bench stayed order, paving way for extension of time to file charge sheet in case.

It h also issued tice on ar plea of Maharasthra Police challenging Delhi High Court's order quashing transit remand in case of activist Gautam Navlakha.

Earlier, apex court h refused to interfere with arrest of five rights activists by Maharashtra Police in connection with Bhima Koregaon violence case and declined to appoint a special investigation team (SIT) for a probe into ir arrest.

arrests h followed raids at ir residences and offices in connection with Elgar Parish conclave held in Pune on December 31 last year, which police h claimed h led to violence at Bhima Koregaon next day.

In present case, Pune Sessions Court h granted police ditional 90 days, following an application from investigating officer (IO) and written submissions me by an assistant commissioner of police (ACP).

Gling h challenged this, saying report and submissions came from police, t prosecutor. Under UAPA, report should be filed by prosecutor, he h said.

Maharashtra government's petition filed in apex court h said IO h filed an application in trial court under his signature, giving reasons for extension of time, on August 30.

On very same day, public prosecutor submitted her report/application, carving out grounds for extension of time. public prosecutor, by way of abundant precaution, took signature of investigating officer. 

"But high court was carried away by signature of investigating officer and arrived at a conclusion that report/application was t by public prosecutor," plea h said.

It h also said high court should t have been carried away by mentioning of names of parties in detail.