Dissent is Democracy's Safety Valve: Supreme Court
New
Delhi: The
Supreme Court on Wednesday, 29th August 2018, said it would examine
contentions that arrest of five civil rights activists in connection with Bhima
Koregaon violence was an attempt at muzzling the voice of dissent.
A bench headed by Chief Justice of India Dipak Misra, as a major interim
relief, said these activists won't be sent behind the bars for now and will
have to be kept under house arrest in their homes till the next hearing on
September 6.
"Dissent is the safety valve of democracy and if you don't allow dissent,
the pressure valve of democracy will burst," the apex court said as it
issued notices to the Centre and Maharashtra government on the petition that
has challenged the validity of ten arrests.
Five other activists were arrested in similar raids
in the Bhima Koregaon probe in June.
The plea
also sought an independent investigation into the entire episode of nationwide
raids and subsequent arrests.
Simultaneous raids carried out on Tuesday had targeted the residences of
prominent Telugu poet Varavara Rao in Hyderabad, activists Vernon Gonzalves and
Arun Ferreira in Mumbai, trade union activist Sudha Bharadwaj in Faridabad and
civil liberties activist Gautam Navalakha in New Delhi.
Rao, Bharadwaj, Farreira, Gonzalves and Navalakha were arrested under IPC
Section 153 (A), which relates to promoting enmity between different groups on
grounds of religion, race, place or birth, residence, language and committing
acts prejudicial to maintenance of harmony.
Two of them - Navalakha and Bharadwaj - have been put under house arrest after
respective high courts were moved by way of habeas corpus petitions.
Senior
advocate Abhishek Manu Singhvi, appearing for a bunch of five petitioners that
included noted historian Romila Thapar, submitted before the Supreme Court that
there was no need at all to send them to jail until the Court decides the
petition.
He suggested they could be put under the house arrest and the bench, also
comprising Justices AM Khanwilkar and DY Chandrachud, accepted his plea.
The Centre and state government have been given time till Wednesday to submit
their replies to the petition, and the Court will hear the matter again on
Thursday next week.
Appearing for Maharashtra, Additional Solicitor General Tushar Mehta, opposed
the petition on the ground of maintainability.
"Some of these people have been jailed in the past too," said Mehta.
But Justice Chandrachud shot back: "What are you saying… they are
professors. They say it is an attempt to muzzle the voice of dissent. Let us
examine it."
Justice Chandrachud added: "Dissent is the safety valve of democracy. If
you don't allow dissent, the pressure valve will burst."
When
Singhvi said that democracy will be dead if such arbitrary arrests are
permitted, the CJI replied: That is why we have issued notices."