In a huge relief for Delhi University professor Nandini Sundar and three others, the Chhattisgarh government on Tuesday assured the Supreme Court that it will neither “arrest nor interrogate” them in a murder case in which an FIR has been filed against them.
Disposing off the matter, a Bench of Justices Madan B. Lokur and A.K. Goel directed that Chhattisgarh can proceed if it can get clinching new material against Ms. Sundar and the others, provided they are given a month's notice.
“If new materials come then the State can proceed further to investigate the case on giving four weeks notice to the petitioner. If any such notice is received the petitioner will be at liberty to seek remedy,” the Bench said.
Taking a defensive posture after the lodging of the FIR came under the Supreme Court's scrutiny, the State initially made an oral commitment that Ms. Sundar and the others would not be “touched for arrest or interrogation” until the Supreme Court gives the go-ahead.
“We will see when we will permit you,” Justice Madan B. Lokur told Additional Solicitor General Tushar Mehta, appearing for the State.
Justice A.K. Goel, also on the Bench, observed that “as and when you (Chhattisgarh) wish to proceed against them, you show us the material and evidence, and we will pass the orders accordingly”.
Mr. Mehta had also brought some documents regarding the case in a sealed cover to place before the Bench for perusal, but the court refused to accept them.
The FIR was lodged against Ms. Sundar, Archana Prasad, Vineet Tiwari, Sanjay Parate under Sections 120 B (criminal conspiracy), 302 (murder), 147 (punishment for rioting), 148 and 149 of IPC at Tongpal police station. The case concerned the killing of a tribal person, Shamnath Baghel, with sharp weapons in November 4 at his residence in Tongpal area. The murder was allegedly executed by Naxals, but Ms. Sundar and the others have also been named in the FIR.
