Business Standard

Heavens wouldn't have fallen if Bhima-Koregaon case accused were given a day's time: SC

IANS  |  New Delhi 

The on Thursday said heavens would not have fallen if the court had granted a day's adjournment sought by the accused in Bhima-violence case to contest Police application for extension of time beyond statutory 90 days to complete the investigation and file charge-sheet.

"Heavens would not have fallen if he (court judge) had adjourned the hearing. If 90 days expire and if he decides on 91th day, what would have happened? They would not have walked out (of jail) without court's order," said who along with Justice and Justice is hearing government's plea challenging the order.

The has set-aside the court order giving the another 90 days time to complete investigation and file charge-sheet in the Bhima-case.

"Why did the hear the matter on Sunday (September 2) and did not grant a day's adjournment (sought by the accused)? He had a whole day on September 3, why did he hear it on Sunday (September 2). Why should a take up a matter on Sunday?" CJI Gogoi asked as senior appearing for one of the accused told the bench that even the application for remand by the was heard by the on Sunday.

While questioning holding hearing on Sunday, the court on Thursday reserved order on government's appeal against the order setting aside the Pune court's September 2, 2018 granting another 90 days time to the to complete investigation and file charge-sheet.

As court expressed its misgivings on the lower court decision to hear the matter on Sunday, senior sought to explain what would have happened if the hearing on the application for extension of time had commenced on September 3 and spilled over to September 4.

Emphasising that it was not a "simple" case, Rohatgi said that the five accused would have become entitled to statutory bail on the default of state police to file charge-sheet before the expiry of 90 days from the date of arrest of the accused.

The dates assume significance as five accused -- Surendra Pundlik Gadling, Sudhir Pralhad Dhawale, Rona Jacob Wilson, Dr and -- were arrested on June 6, 2018, and the last day (90th) for filing the charge-sheet was September 3, 2018.

Senior Abhishek Manu Singhvi, and also questioned investigating moving application for the extension of time and not the

Under the Code of Criminal Procedure, it is public prosecutor, who on an independent application of mind and his satisfaction, would move the trial court for the extension of time beyond 90 days to complete investigation and file charge-sheet, the counsel told the court.

is a lawyer, Dr is a professor, is a Dalit activist, and native Rona Wilson are activists. They were arrested on June 6 for their alleged links with outlawed Maoists outfit under the Unlawful Activities (Prevention) Act (UAPA).



(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, January 10 2019. 19:08 IST