SC declines SIT probe, says arrests not for dissent
Arrest of five activists
New Delhi, Sep 28: In a 2:1 majority judgement, the Supreme Court on Friday refused to interfere in the arrest of five activists in the Bhima Koregaon case in Maharashtra. It also declined to set up a Special Investigation Team (SIT), allowing Pune police to go ahead with its probe.
The house arrest of the five rights activists -- Sudha Bhardwaj, Varavara Rao, Gautam Navlakha, Vernon Gonsalves and Arun Ferreira -- will continue for four more weeks, said a majority judgement, read out by Justice A.M. Khanwilkar also on behalf of Chief Justice Dipak Misra.
He said that in perusal of documents submitted before the bench it was not a case of arrest merely because of dissent or difference in political views.
In a dissenting judgement, Justice D.Y. Chandrachud said liberty cherished by the Constitution would have no meaning if persecution of the five rights activists were allowed without a proper investigation.
Justice Chandrachud lashed out at the Pune police for going public with evidence and termed it as disconcerting behaviour.
Rejecting the plea seeking the SIT probe into charges that the five have links with banned CPI (Maoist) outfil and were allegedly involved in a conspiracy to kill sovereign leaders, the bench said: "The accused person cannot have a choice in the investigating agency."
However, Justice Khanwilkar said that the accused were at liberty to pursue appropriate legal relief.
As the bench extended its interim order putting them under house arrest, in his dissenting judgment Justice Chandrachud recalled the sequence of events when a senior police officer held a press conference and released letters.
Justice Chandrachud said that the impartiality of the Maharashtra Police was in doubt as it had tried to prejudice public opinion. He questioned "whether the Maharashtra Police can be trusted to carry out impartial investigation".
He ordered a court-monitored SIT probe and said that the technicalities of law cannot be allowed to override the substantive justice.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
