The Supreme Court today stayed the Bombay High Court order which had set aside the extension of time granted for the completion of investigation in the Bhima Koregaon case..A Bench of Chief Justice of India Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph passed the order after hearing Senior Advocate Mukul Rohatgi, who appeared for State of Maharashtra..The High Court had passed an order which effectively set aside a Pune Special Judge’s order extending the detention of the accused for the purpose of completing the investigation into the Bhima Koregaon matter. As a consequence of the High Court order, those arrested could apply for default bail..The State of Maharashtra had challenged this order before the Supreme Court.Today, the Supreme Court also issued notice in an appeal filed by Maharashtra government against an order of the Delhi High Court which had set aside the transit remand order against Navlakha. The State of Maharashtra had questioned the maintainability of the Habeas Corpus petition filed by Navlakha before the High Court, in light of two Supreme Court decisions on the topic. Further, it had contended that the High Court, while setting aside the transit remand order, did not apply Section 167(1)of the Code of Criminal Procedure (CrPC) correctly. Particularly, it is contended that the High Court had erred in holding that production of the case diary was necessary while applying for transit remand..Note: The earlier report incorrectly stated that the Supreme Court had stayed the Bombay High Court order granting interim relief to Gautam Navlakha. The error is regretted.
The Supreme Court today stayed the Bombay High Court order which had set aside the extension of time granted for the completion of investigation in the Bhima Koregaon case..A Bench of Chief Justice of India Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph passed the order after hearing Senior Advocate Mukul Rohatgi, who appeared for State of Maharashtra..The High Court had passed an order which effectively set aside a Pune Special Judge’s order extending the detention of the accused for the purpose of completing the investigation into the Bhima Koregaon matter. As a consequence of the High Court order, those arrested could apply for default bail..The State of Maharashtra had challenged this order before the Supreme Court.Today, the Supreme Court also issued notice in an appeal filed by Maharashtra government against an order of the Delhi High Court which had set aside the transit remand order against Navlakha. The State of Maharashtra had questioned the maintainability of the Habeas Corpus petition filed by Navlakha before the High Court, in light of two Supreme Court decisions on the topic. Further, it had contended that the High Court, while setting aside the transit remand order, did not apply Section 167(1)of the Code of Criminal Procedure (CrPC) correctly. Particularly, it is contended that the High Court had erred in holding that production of the case diary was necessary while applying for transit remand..Note: The earlier report incorrectly stated that the Supreme Court had stayed the Bombay High Court order granting interim relief to Gautam Navlakha. The error is regretted.
