The five activists - Varavara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj and Gautam Navlakha - are under arrest at their respective homes since August 29.
The top court told the Maharashtra government that there should be a clear-cut distinction between opposition and dissent on one hand and attempts to create disturbance, law and order problems or overthrow the government on the other.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud will continue with the hearing tomorrow on the plea filed by historian Romila Thapar and four others.
The Supreme Court had said that it may consider ordering a probe by a Special Investigation Team (SIT) if it is found that the evidence produced by the Maharashtra Police has been 'cooked up'.
The Supreme Court had said that it may consider ordering a probe by a Special Investigation Team (SIT) if it is found that the evidence produced by the Maharashtra Police has been 'cooked up'.
At the fag end of the hearing of the plea filed by historian Romila Thapar before a bench headed by Chief Justice Dipak Misra, Dhavan referred to interruptions by the law officer.
The bench said it may consider pleas like investigation by a Special Investigation Team (SIT) in the case, if there are some grave lapses.
Bhima Koregaon Case: Five accused activists to continue to be in house arrest till September 17 untill next hearing.
The apex court adjourned the hearing on plea of historian Romila Thapar and four others in the matter till September 17. The activists will remain in house arrest till the next hearing.
Bhima Koregaon case: SC extended the house arrest of five arrested activists till Sept 12
The apex court also asked the Maharashtra Police what strong evidence it has to prove that the five activists were involved in planning and execution of violence in the country with the help of Maoists.
Bhima Koregaon Raid: Supreme Court to hear petition against arrest of five activists. On the other hand the Maharashtra Govt has told Supreme Court that that the activists have links with the banned terror outfits.
Major hearings on section 377, Bhima Koregaon case in Supreme Court today
Five activists held for Maoist links, not for expressing 'dissent': Maharashtra Police to SC
The Maharashtra Police categorically told the top court that the activists were arrested for their Maoist links and not for expressing 'dissent'.
The PIL was filed by activist Sanjay Bhalerao, who claims to be a witness to the Bhima Koregaon violence.
Earlier in the day, State Additional Director General (Law and Order) Parambir Singh along with the Pune police had addressed the media on the case on Friday.
"The (Pune) police must not shoot off their mouths like this and the government must bar them from such statements", wrote the Sena.
The arrested activists – like the other five rights activists arrested on August 28 – have been charged under the Unlawful Activities (Prevention) Act.
In a handwritten statement, Bharadwaj said that the letter, which the police claimed was written by her to one “Com Prakash,” was a “mixture of innocuous and publicly available facts and baseless fabrication.”
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