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Supreme Court extends house arrests of activists, will examine evidence against them

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Supreme Court extends house arrests of activists, will examine evidence against them

The Supreme Court, on Monday, September 17, extended till September 19 the interim house arrest of five civil rights activists arrested by the Maharashtra police on August 28 in nationwide raids in connection with Bhima Koregaon communal clashes.

The activists – Sudha Bharadwaj, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves and Varavara Rao – have been under house arrest since August 29.

On the next date, September 19, the prosecution – the Maharashtra police and the Centre – are likely to present their case diary against the accused and “additional evidence” of the connections between the activists and Maoist organizations.

The court’s interim order placing the activists under house arrest has come on a petition filed by five eminent citizens – Romila Thapar, Maja Daruwala, Devaki Jain, Prabhat Pattnaik and Satish Deshpande – who had challenged the arrests. Families of some of the arrested activists had later filed affidavits in the case.

The top court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which is hearing the petition, made it clear at the outset that the interim house arrest orders will continue till Wednesday.

Chief Justice Misra, however, pointed it out to the counsel for the petitioners and the prosecution that the bench was, at the moment, was entertaining the petition “on the foundations of liberty” and would assess the “issues like independent enquiry… at a later stage.”

Senior advocate Singhvi has demanded that the apex court must order a probe by a special investigation team (SIT) to look into the arrest of the activists and whether there is any truth in the allegations of their involvement in the January 1 Bhima Koregaon communal clashes or those of them being involved with Maoists “in a conspiracy against the State or to assassinate Prime Minister Narendra Modi”.

A SC bench observed that the court “must go through the evidence” to arrive at a conclusion whether there is actually substance in the criminal cases against the activists or that the case is fabricated.

The court further remarked that it may even order a SIT probe to look into the manner and the circumstances leading to registration of FIRs and subsequent arrests of the activists.

“We may quash the case if there is no material. We will have to examine the materials first. Let them (Maharashtra police) submit a report before us. We will safeguard the liberty but we will also have to see what is the material against them,” the judges said.

On Monday, the counsel for the prosecution once again questioned the locus standi of the petitioners in the case, with Additional Solicitor Generals (ASG) Tushar Mehta and Maninder Singh arguing that the Supreme Court should not have entertained the petition to begin with and that pleas by the arrested activists were already sub judice at the lower and high court level.

While senior advocate Rajeev Dhavan was arguing on behalf of the petitioners, Mehta, along with ASG Maninder Singh maintained that “strangers (referring to the petitioners) have no locus in criminal matters.”

Senior advocates Abhishek Manu Singhvi and Rajeev Dhavan, appearing for the petitioners, however, strongly rebutted the submissions by the prosecution. Singhvi and Mehta demanded that the cases filed by the activists in the lower and high courts must be entertained while the extant petition in the Supreme Court should be set aside. However, the suggestion attracted a strong rebuke from Dhavan who snapped at Mehta while pointedly telling the bench: “Let us have a hearing without interruptions. Mehta should be doing cricket commentary… don’t try to convert everything into a stupid drama.”

Mehta retorted saying he did not want to “stoop to his (Dhavan’s) level” and continued to submit that “many incriminating documents against the arrested social activists have been recovered during the investigation”. He claimed that the activists have “not only been arrested for their involvement in the Bhima Koregaon event but also for conspiring to disrupt peace in the country.”

The five activists – Arun Ferreira, Vernon Gonsalves, Gautam Navlakha, Varavara Rao and Sudha Bharadwaj – were arrested on August 28 in connection with the Bhima Koregaon case. The following day, the Supreme Court ordered that they be placed under house arrest till September 6. “Dissent is the safety valve of democracy, if you don’t allow safety valve, pressure cooker will burst,” the court had said.

On September 6, the court extended their house arrest till September 12 and adjourned the matter. The bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, however, had pulled up the police for briefing the media even when the case was still in court.

During the September 12 hearing, the court adjourned the matter to Monday, September 17 and extended the house arrest of the activists. Both sides had asked for more time to file additional documents. On Monday, the house arrest was extended till Wednesday, when the prosecution has provide evidence for the case under which the arrests were made.

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Students have eyes too: Rahul Gandhi hits back at Rijiju over protest injuries

Rahul Gandhi challenged Kiren Rijiju’s claim that no serious injuries occurred during the July 20 student protests, alleging brutal police action.

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Rahul Gandhi on Tuesday hit back at Union Minister Kiren Rijiju over his claim that no student suffered serious injuries during the student protests in Delhi last month, saying he had personally met injured protesters.

The Leader of the Opposition in the Lok Sabha also alleged that police used pellet guns and lathis studded with nails against students during the July 20 march towards Parliament.

Gandhi shared a video of Kiren Rijiju’s remarks on X and questioned the government’s account of the police action during the protests.

“Ministers of the Modi government are saying that ‘the Delhi Police should be praised’. Half a kilometre from Parliament, pellet guns were fired at peaceful students, lathis studded with nails were used, one child’s eye was lost, one girl’s ear was severed. Should we praise this brutality?” Gandhi said in his post.

The Congress leader said he had met several injured students himself and claimed that videos of the police action had been widely viewed.

Rahul Gandhi attacks Centre over student protests

Gandhi accused the government of trying to deny what protesters allegedly experienced during the July 20 demonstration.

“The fundamental mantra of this government is untruth and violence,” he alleged, adding that attempts to deny the injuries would not change what had happened.

He further said, “Don’t lie to the children of this country. They have eyes and memories too.”

The July 20 protest involved students marching towards Parliament while demanding the resignation of then Education Minister Dharmendra Pradhan.

What Kiren Rijiju said about the protests

Rijiju, who holds the Minority Affairs and Parliamentary Affairs portfolios, defended the handling of the protests and said the Delhi Police and administration deserved praise.

During an interview with a news agency, Rijiju said no person had died during the protest and claimed that no protester suffered a broken bone or was admitted to hospital with a serious injury.

“Not a single person died, not a single person suffered a broken bone. Not a single protester is admitted to the hospital with a serious injury,” he said.

Rijiju also alleged that people associated with various political groups had joined the protest and contributed to tensions.

He said the police acted only when protesters attempted to march towards Parliament and maintained that the administration handled the situation peacefully.

“In this case, one ought to praise the Delhi Police and the administration,” the minister said, arguing that no death or serious injury had occurred despite the scale of the demonstration.

Rahul Gandhi questions police action

Responding to Rijiju’s remarks, Gandhi questioned how the police action could be praised while alleging that protesters had sustained serious injuries.

His allegations about pellet firing, nail-studded lathis and specific injuries were presented by him as part of his criticism of the government’s account of the protest.

Rijiju, however, maintained that the Delhi Police did not use lathis during the protest and rejected the suggestion that the police response resulted in serious injuries.

The two accounts remain sharply at odds over the nature and severity of injuries suffered during the July 20 student protest.

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Book Mahatma Gandhi Too: Kharge on Sonia, Rahul Vande Mataram complaint

Mallikarjun Kharge questioned the complaint against Sonia and Rahul Gandhi over the Vande Mataram rendition row and defended the Congress’s position.

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Congress president Mallikarjun Kharge on Tuesday questioned the basis of a complaint filed against Sonia Gandhi and Rahul Gandhi over an alleged attempt to disrupt the singing of Vande Mataram at the party headquarters.

Kharge argued that if singing the version of Vande Mataram performed by the Congress was considered a crime, then similar complaints should also be made against Mahatma Gandhi and former prime ministers Jawaharlal Nehru and Atal Bihari Vajpayee.

The remarks came amid a political row over the rendition of the national song during the Congress’s Independence Day celebrations at its headquarters on Saturday. BJP leaders had alleged that Sonia Gandhi signaled for the full rendition to be stopped.

The Congress has rejected the allegation. Party leader Udit Raj said Sonia Gandhi’s gesture was related to arranging a chair for Kharge, who, according to the party, was unable to stand for a long period.

Kharge questions complaint against Sonia, Rahul

Kharge said the Congress had been singing the same version of Vande Mataram for years and questioned why the party’s leaders were being targeted over it.

He referred to the use of the same version by Mahatma Gandhi and Jawaharlal Nehru and also cited the period when Atal Bihari Vajpayee’s government was in power.

Kharge said that if the rendition amounted to a crime, then those who had previously sung the same version should also face complaints. He also said the Congress had passed a resolution concerning national songs before many of its current critics were born.

What Congress said about Sonia Gandhi’s gesture

The controversy began after the Vande Mataram rendition at the Congress headquarters during the Independence Day event.

According to the allegations, Sonia Gandhi noticed that the singers were continuing with the full version and appeared to gesture towards Kharge before communicating with the singers.

The Congress disputed this interpretation. Udit Raj said Sonia Gandhi was instead gesturing about arrangements for Kharge, who had been standing for a considerable period.

Complaint filed against Sonia, Rahul Gandhi

A complaint was filed with the Delhi Police on Monday against Sonia Gandhi and Rahul Gandhi. The complainant sought registration of an FIR over the alleged attempt to disrupt the singing of Vande Mataram at the Congress headquarters.

The controversy continued on Monday when Kharge participated in a Vande Mataram rendition in Goa ahead of a Congress convention. The version sung there included the first two stanzas.

The row comes after the Centre made singing Vande Mataram in its entirety mandatory at public gatherings, schools and official government functions, among other places. Parliament has also passed legislation making intentional obstruction, disruption or prevention of the singing of Vande Mataram a criminal offence, according to the report.

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Champat Rai, Anil Mishra get clean chit in Ram Temple donation theft case 

The SIT probing alleged donation theft at the Ayodhya Ram Temple has cleared former Trust general secretary Champat Rai and former member Anil Mishra.

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The Special Investigation Team (SIT) probing alleged irregularities in donation management at the Ayodhya Ram Temple has cleared former Shri Ram Janmabhoomi Teerth Kshetra Trust general secretary Champat Rai and former Trust member Anil Mishra.

The Uttar Pradesh Home Department on Monday handed over the SIT’s final report to the Trust, which will now take further action based on the findings.

Rai and Mishra had resigned from their positions on June 27 after allegations of donation theft emerged. The two former Trust members were subsequently questioned by the SIT about the temple’s donation management process.

Champat Rai denied involvement in donation theft

According to sources, Champat Rai told investigators during questioning that he had no role in the alleged theft. He reportedly said that the suspects were arrested following his complaint.

Rai also told the police that ensuring there were no irregularities in donation collection was part of his responsibility and that he acted after learning about the alleged wrongdoing.

SIT was formed before Supreme Court intervention

The three-member SIT was constituted by the Uttar Pradesh government on June 13 at the request of the Shri Ram Janmabhoomi Teerth Kshetra Trust.

Lucknow Divisional Commissioner Vijay Vishwas Pant headed the panel. Range Inspector General Kiran S and Special Secretary (Finance) Neel Ratan Kumar were the other members.

The SIT submitted its preliminary report to the state government on June 23 and made several stringent recommendations.

Following the preliminary report, Trust member Krishnamohan filed a written complaint at the Shri Ram Janmabhoomi police station. An FIR was subsequently registered on June 25.

Eight people named in FIR

The FIR named Avinash Shukla, Anukalp Mishra, Lavkush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra, Subhash Srivastava and Ram Shankar Yadav, alias Tinnu, along with other unidentified individuals.

According to the provided report, all eight named accused were arrested and booked under relevant provisions of the Bharatiya Nyaya Sanhita and Section 13(1)(a) of the Prevention of Corruption Act.

The SIT’s preliminary findings also formed the basis for subsequent FIRs and arrest-related action in the case.

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