New Delhi/Pune: Describing dissent as a safety valve, the Supreme Court on Wednesday directed that the five human rights activists arrested by Maharashtra police should be kept under house arrest until the next date of hearing on September 6.
In a huge relief to the activists, an apex court bench headed by chief justice Dipak Misra ordered house arrest on a petition filed by eminent historian Romila Thapar and four others challenging the Tuesday arrests.
Taking a dim view of the crackdown, justice D Y Chandrachud said: "Dissent is a safety valve of democracy. If it is not allowed, the pressure cooker will burst."
He noted that the arrests had taken place nine months after the activists were linked to the violence at Bhima-Koregaon in Maharashtra.
Talking to reporters later, lawyer Prashant Bhushan said the Supreme Court had issued notices to the central and Maharashtra governments.
Those arrested on Tuesday included Varavara Rao in Hyderabad, Gautam Navlakha in Delhi, Sudha Bharadwaj in Haryana and Arun Ferreira and Vernon Gonzalves in Maharashtra. Earlier, it was said that they were to be taken to Pune but would now be sent home and put under house arrest.
NHRC slaps notice on Maharashtra govt
Taking suo motu cognizance, the National Human Rights Commission (NHRC) on Wednesday served a notice on the Maharashtra government demanding a report on the arrests.
"The commission has observed that it appears the standard operating procedure in connection with these arrests has not been properly followed by the police, which may amount to violation of their human rights," the NHRC said in the notice to state DGP Datta Padsalgikar and the chief secretary.
The NHRC has asked them to file their replies within four weeks.
Maharashtra govt defends arrests
The Maharashtra government defended the arrests on Wednesday saying the action was based on 'proof' about their "links with the Naxal movement".
Maharashtra home minister Deepak Kesarkar said all procedures were followed before conducting the raids against the activists.
"It is due to their links with Naxal movements that they have been arrested. If there was no evidence, we would not have taken the action.
We have followed the procedures before conducting raids against these Naxal activists," Kesarkar said.
The minister said Naxals were fighting a war against India. "It is not wrong to be Left wing, but it is wrong to be a Left wing extremist," he said.
Kesarkar said professor Saibaba (Delhi University professor arrested in 2014 for alleged links with Maoists) is a classic example of the intellectuals misusing their brain against the country. The Naxal movement is banned in the country and nobody should sympathise with it, he added.
On NHRC's letter to the Maharashtra government seeking information about the operation, he said, "It is the government's duty to respond to the NHRC letter. It is a routine procedure. It does not necessarily mean we are doing anything wrong."
Earlier arrests in June
The near simultaneous multi-city raids against the five as well as four others were carried out on Tuesday as part of a probe into the violence between Dalits and the upper caste Peshwas at Koregaon-Bhima village near Pune after an event called Elgar Parishad, or conclave, on December 31 last year.
Provocative speeches were made at the Elgar Parishad event, which triggered the violence, according to an FIR registered at the Vishrambaug police station in Pune after the event.
Koregaon-Bhima occupies a central place in Dalit history – it witnessed a major battle in which the Peshwa rulers were defeated on January 1, 1818, by the British army, comprising a large number of Dalit soldiers. Every year, the anniversary of the battle is marked by Dalits assembling in Pune and marching to Koregaon-Bhima war memorial.
Rao, Bhardwaj, Ferreira, Gonzalves and Navalakha were arrested under IPC Section 153 (A), which relates to promoting enmity between different groups on grounds of religion, race, place or birth, residence, language and committing acts prejudicial to maintenance of harmony, an official said.
There were also arrested under some other sections of the IPC, along with Unlawful Activities (Prevention) Act for their "alleged Naxal activities", the official said without elaborating.
According to unconfirmed reports, others whose residences were raided on Tuesday were Susan Abraham, Kranthi Tekula and Anand Teltumbde in Goa.
