Give notice to Sundar before moving against her: SC to C'garh

The Supreme Court today asked the Chhattisgarh government to give advanced notice of four weeks to social activist Nandini Sundar and others before proceeding against them in the case relating to the alleged murder of a tribal man in Naxal-affected areas of the state.
The apex court also took on record the assurance given by the state government that Sundar and others, who have been booked for the alleged murder, will not be arrested or interrogated as of now.
A bench of Justices M B Lokur and Adarsh Goel granted liberty to Sundar and others to approach the court if any notice of arrest or interrogation is served upon them.

"ASG Tushar Mehta says that Nandini Sundar, Archana Prasad, Vineet Tiwari and others will not be arrested or interrogated. State government is directed to give four weeks advance notice before proceeding in the case. Liberty to petitioners to approach court after the notice is served," the bench said.
The bench, however, refused to entertain Sundar's plea that the state should first take permission from the court before arresting or interrogating her and other activists in the case.
"No, they can't be stopped perpetually. If there is a crime, they need to proceed. It is their statutory right. They will first give you notice and then they can proceed," the bench said, adding that the activist can approach the court after the notice is served.

The bench also did not take on record ASG Mehta's statement, saying when a statement is already been made that they would not be arrested, then nothing else is required.

"We don't need to look at everything. You have made a statement. Now it is on record. You will have to give advance notice. As and when you want to proceed, show us the material," the bench said.
At the outset, senior advocate Ashok Desai, appearing for
Sundar and other activists showed some newspaper clips and said that IG Bastar Range K Sivarama Prasad Kalluri has recently made a statement that Nandini Sundar and others will not be able to enter Bastar and people will stone them. He said this should not be allowed.

Mehta countered the argument claiming whenever there is a hearing on the matter, there are news reports and if the court wants to take on record these materials, then it should also have a look at the records which the state government wants to submit to the court.
The bench, however, disposed of the application filed by Sundar and said if any notice is issued, then they have the liberty to approach the court.
The court had on November 11 taken on record the statement of Chhattisgarh government that no action will be taken against Sundar and others till November 15 and had asked the state to find a peaceful solution to the Naxal problem there and adopt a "pragmatic" approach towards life.

Police had claimed that alleged armed Naxals had killed the villager, Shamnath Baghel, with sharp weapons on the night of November 4 at his residence in Nama village under Kumakoleng gram panchayat in Tongpal area, around 450 kms from Raipur. Baghel and some of others were spearheading protests against Naxal activities in their village since April.
An FIR was lodged against Sundar, Archana Prasad (JNU Professor), Vineet Tiwari (from Delhi-based Joshi Adhikar Sansthan), Sanjay Parate(Chhattisgarh CPI-M State Secretary) and others for the murder of Baghel based on the complaint of his wife, the state police had said.
They were booked under section 120B (criminal conspiracy), 302 (murder), 147 (punishment for rioting), 148 and 149 of IPC at Tongpal police station.