VidhiSangh

Supreme Court of India · 28/09/2018

ROMILA THAPAR AND ORS. versus UNION OF INDIA AND ORS.

[2018] 11 S.C.R. 951 · 2018 INSC 912

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Summary

By majority, the Supreme Court declined an SIT, transfer or court-monitored investigation concerning the five activists arrested in the Bhima-Koregaon investigation. It found no sufficient basis for exceptional intervention on the record, while leaving evidentiary questions and ordinary criminal remedies open. Existing house-arrest protection continued for four weeks to enable applications before the appropriate courts. Justice D.Y. Chandrachud dissented: concerns about police media disclosures, investigative fairness and arrest safeguards warranted an independent, court-monitored SIT. Neither opinion finally determined guilt.

Issues

  1. Whether the accused or their next friends established a case for transferring or judicially monitoring the investigation.
  2. Whether the Court should determine evidentiary authenticity, release or external forensic examination in this petition.
  3. What interim protection and ordinary remedies should remain available.
  4. Whether the circumstances required an independent SIT, as the dissent concluded.

Provisions considered

Held

Result

Petition disposed of by majority without transfer, SIT or court monitoring; ordinary remedies preserved and existing house arrest continued for four weeks. Chandrachud J. dissented in favour of a monitored SIT and proposed three weeks’ interim protection.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 951.