ROMILA THAPAR vs UNION OF INDIA. Supreme Court, 28-09-2018
| Judge | HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE DR. JUSTICE D.Y. CHANDRACHUD |
| Court | Supreme Court (India) |
| Date | 28 September 2018 |
| Parties | ROMILA THAPARUNION OF INDIA |
| Docket Number | W.P.(Crl.) No.-000260 / 2018 |
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 260 OF 2018
Romila Thapar and Ors. ….. Petitioner(s)
:Versus:
Union of India and Ors. ....Respondent(s)
J U D G M E N T
A.M. Khanwilkar, J.
1. Five illustrious persons in their own field have filed this
petition on 29th August, 2018 complaining about the high-
handed action of the Maharashtra Police in raiding the homes
and arresting five well known human rights activists,
journalists, advocates and political worker, with a view to kill
independent voices differing in ideology from the party in
power and to stifle the honest voice of dissent. They complain
that the five activists, namely, Gautam Navalakha, Sudha
Bharadwaj, Varavara Rao, Arun Ferreira and Vernon
Gonsalves were arrested on 28th August, 2018 from their
Digitally signed by
CHETAN KUMAR
Date: 2018.09.28
15:49:40 IST
Reason:
Signature Not Verified
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homes at New Delhi, Faridabad, Mumbai, Thane and
Hyderabad, respectively, without any credible material and
evidence against them justifying their arrest, purportedly in
connection with FIR No.0004/2018 dated 8th January, 2018
registered with Police Station Vishram Bagh, Pune City. This
action was to silence the dissent, stop people from helping the
poor and downtrodden and to instill fear in the minds of
people and was a motivated action to deflect people‟s attention
from real issues. The petitioners have made it clear in their
petition that they were seriously concerned about the erosion
of democratic values and were approaching this Court “not to
stop investigation into allegations” “but” to ensure
independent and credible “investigation into the arrest of
stated five human rights activists.” They claim that anything
short of that relief will damage the fabric of the nation
irreparably.
2. The FIR in connection with which the said five persons
came to be arrested has been appended and marked as
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Annexure P-2. It was registered on the basis of the statement
given by one Tushar Ramesh Damgule, which reads thus:
“Translation: FIR COPY
I, Tushar Ramesh Damgule [Age 37] Occupation –
Reconstruction, Residing at survey no.70, Santosh Nagar,
Kafraj Pune, 411016, Mobile Number – 9850065423)
personally states that, I am residing at the above mentioned
address from last 20 years. I am completed Masters in Arts
(History). I am running construction business by the name of
Rao enterprises, from last 4 years. Somewhere in last week
of December, I read one post of Facebook, that Elgar
Parishad organized 31/12/2017 at Shaniwar Wada.
Therefore on 31st December 2017, I personally went to
Shaniwar Wada, opposite Ground, Pune, on around 2‟o clock
in this concern programme conduct by Sagar Gokhale, role
describer Sudhir Dhavale, singer and artist Jyoti Jagtap,
Ramesh Gaychor and other speakers like Jignesh Mewani,
Umar Kahlid, Vinay Ratansingh, Prasanth Dontha etc.
orators were seated on the stage. The said ground was
crowded fully. I had read information and news related Kabir
Kala Manch and their representatives by social media and
newspapers. So, known them. On the programme of
following other subjects, had express statement again and
again malice statement such as “Bima Koregaon ne
Diladhada, Navi Peshawar Mainatgada, Udavathikrya Rai Rai
re, Gadun Taka Peshwai Re Garjana Sidnakache, Aalee
Nvyane Peshwai re Garaj Tila Thokyachee, Re Saimka Garaj
Tila Thokyachee”. After this, some other orators had their
speeches, as well as in that, Kabir Kala Manch‟s artist such
as Jyoti Jagtap, Ramesh Gaichor and other six seven person
sing the song again “Bhima Koregaon ne diladhada, Navi
Peshwa Navi Peshawar Mainat Gada, Udavathikrya Rai Rai
re, Gadum Taka Peshwai Re Garjana Sidnakache, Aalee
Nvyane Peshwai re Garaj Tila Thokyachee, Re Saimka Garaj
Tila Thokyachee…” as well as, the same had presented in the
form of Pathnatya (Raadaramaj) and Dance Event with
malice and enmity intentions. After in Second session, said
Sudhir Dhawade while expressing role, he made the malice
and disputable statement that “Jab Julm Ho to, Bagawat
Honi Chahiye shahar mein, Jab Julm Ho to bagawat honi
chahiye shahar mein aur agar bagawat na ho to, behatar hai
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