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Romila Thapar Petitioner(S) v. Union Of India (S)
Factual and Procedural Background
The Supreme Court of India took up the matter, issued notice to the respondents, and called for a counter-affidavit to be filed by 5 September 2018, with a rejoinder permitted three days thereafter. The petition arises from an earlier High Court order under which Mr. Gautam Navalakha and Ms. Sudha Bharadwaj were already placed under house arrest. During the present proceedings, the petitioners sought similar treatment for three additional individuals—Mr. Varavara Rao, Mr. Arun Ferreira, and Mr. Vernon Gonsalves—should they be arrested.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
Petitioners' Arguments
- Through senior counsel Dr. Abhishek Manu Singhvi, the petitioners requested that, as an interim measure, any arrest of Mr. Varavara Rao, Mr. Arun Ferreira, and Mr. Vernon Gonsalves should result in house arrest at their respective homes rather than custodial detention.
Respondents' Arguments
No specific arguments from the respondents are recorded in the opinion.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court considered the limited prayer for interim relief. Taking note of the petitioners’ lack of objection to house arrest as a provisional safeguard, the Court found it appropriate to:
- Extend the existing house arrest of Mr. Gautam Navalakha and Ms. Sudha Bharadwaj in accordance with prior orders.
- Direct that, if arrested, Mr. Varavara Rao, Mr. Arun Ferreira, and Mr. Vernon Gonsalves shall likewise be placed under house arrest at their respective residences.
The Court emphasized that the order is strictly interim in nature, explicitly preserving all contentions of the parties for future adjudication. It further scheduled the next hearing for 6 September 2018.
Holding and Implications
INTERIM RELIEF GRANTED: The Supreme Court ordered that the five named individuals be placed or remain under house arrest, subject to further orders, and directed the filing of counter-affidavits.
Implications: The ruling affords temporary protection to the concerned individuals from custodial detention, pending fuller consideration of the case. It does not set a new precedent, as all substantive issues remain open for future determination.
1. Taken on Board.
2. Issue notice.
3. Mr. Tushar Mehta and Mr. Maninder Singh, learned Additional Solicitor Generals being assisted by Mr. R. Balasubramanian, learned counsel shall file the counter affidavit by 5.9.2018. Rejoinder thereto, if any, be filed within three days therefrom.
4. We have considered the prayer for interim relief. It is submitted by Dr. Abhishek Manu Singhvi, learned senior counsel appearing for the petitioners that in pursuance of the order of the High Court, Mr. Gautam Navalakha and Ms. Sudha Bharadwaj have been kept under house arrest. It is suggested by him that as an interim measure, he has no objection if this Court orders that Mr. Varavara Rao, Mr. Arun Ferreira and Mr. Vernon Gonsalves, if arrested, they are kept under house arrest at their own homes. We order accordingly. The house arrest of Mr. Gautam Navalakha and Ms. Sudha Bharadwaj may be extended in terms of our orders.
5. Needless to say, an interim order is an interim order and all contentions are kept open.
6. Let the matter be listed on 6.9.2018.
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