BHIMA KOREGAON PART IV
Published on: 26 June 2019, 12:53 pm
[dropcap]J[/dropcap]ANUARY 2019 was expected to offer some respite to the first set of arrestees in the Bhima Koregaon case relating to the caste violence that broke out in Bhima Koregaon village on January 1, 2018. The prosecution demand for the extension of time to file a charge sheet against the first set of arrestees was found to be illegal, perverse and contrary to the law of the land. While most of the population had fallen for a media trial, a single bench of the Bombay High Court mustered the courage to call a spade a spade. However, it was soon to be overruled by the Apex Court, crushing all hopes and sending a wave of shock across the legal fraternity.
The judgment of the Bombay High Court was assailed before the Supreme Court by the state government and surprisingly, a bench led by the Chief Justice of India (CJI) Ranjan Gogoi stated it without offering any reasons and adjourned the matter for final hearing.
A good judgment stayed; the state employs evergreening tactics
The judgment of the Bombay bench effectively meant that the first set of arrestee would have been entitled to statutory bail. Initially, the matter was being heard by a bench comprising CJIGogoi, Justice Sanjay Kishan Kaul and the newly elevated justice K M Joseph. While Justice Joseph was on the bench, he was clear during all four hearings that the impugned judgment was sound and that it was the State that had not abided by the law. However, he was later replaced by Justice NageswaraRao.
During one such hearing, Justice KM Joseph invited the attention of the counsel for the State to a statement made in the so-called report/application which was authored by the public prosecutor. According to the statement, a request for an extension had to be granted on an application by the investigating officer. "If this is the understanding of the law of your public prosecutor, then where comes the question of the public prosecutor having applied his mind? Which is one of the essential most condition under the relevant provision?" Justice Joseph asked.
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While the challenge was still being heard, the State invoked another ghost case against AdvocateSurendra Gadling. This time, they accused him of being the mastermind of Surjagad arson case. It was apparent that the State did not have any good case on merit and they feared the release of Gadling was imminent. Therefore to ensure that he was kept behind bars they foisted this case on him. This "evergreening" tactic was taken cognizance of by the Supreme Court during its hearing and it called for the filing of relevant papers on records of the court.