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Arrests of activists: Cannot stifle liberty on the altar of conjectures, says Supreme Court

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Arrests of activists: Cannot stifle liberty on the altar of conjectures, says Supreme Court

Liberty of people cannot be curtailed on mere conjectures, said the Supreme Court on Wednesday, September 19, as it resumed hearing on the petition filed by Romila Thapar and four other eminent citizens challenging the controversial arrests of five civil liberties activists by the Maharashtra police on August 28.

The Supreme Court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said that those at the helm of institutions may not like everything that is said about them, but that cannot be a ground for stifling them. Our institutions should be robust enough to accommodate dissent, said the bench.

The activists – Sudha Bharadwaj, Vernon Gonsalves, Arun Ferreira, Varavara Rao and Gautam Navlakha – continue to be under house arrest as per interim orders of the apex court that were issued on August 29, preventing Maharashtra Police from taking them away. The SC extended the house arrest by another day. The hearing will continue tomorrow.

The bench emphasised upon a need to have a distinction between dissenting views and subverting law and order.

“We cannot stifle liberty on the altar of conjectures. We will look at all these attempts with the hawk’s eyes,” said Justice DY Chandrachud.

“Our institutions should be robust enough when there is an opposition to the system or even to this court. Then there has to be something different to constitute subversion of law and order as far as elected government is concerned,” observed Justice Chandrachud.

He added, “We may not like it but we must also accept there could be dissent… Let us make a clear-cut distinction between an opposition and attempts to create disturbance, overthrow government etc.”

Senior advocate Abhishek Manu Singhvi, appearing for the petitioners, began his submissions by questioning the veracity of the evidence cited by the prosecution to justify the arrest of the five activists. The documents in question were letters reportedly recovered by the Maharashtra police during its probe into the January 1 Bhima Koregaon communal clashes which allegedly point towards a plot to assassinate Prime Minister Narendra Modi, allegations of the involvement of the five arrested activists in the said plot and their alleged links with banned organization CPI (Maoists).

“Eight months after the Elgar Parishad (the January 1 event in Bhima Koregaon, Pune, that preceded the communal clashes between members of the scheduled caste community and Upper class Marathas), the present detenues were arrested… it is undisputed that none of these five activists were associated with the organisation of the event… they were not even present there…as for the allegation regarding the scheme to attack the office of the Prime Minister on the line of the Rajiv Gandhi assassination, no FIR has been registered (sic). The state itself is not taking the claim seriously,” Singhvi argued.

Singhvi also rubbished the prosecution’s charge that those arrested had a past criminal record. He said that while Sudha Bhardwaj and Gautam Navlakha have no criminal cases registered against them, of the 25 and 11 cases filed against, Varavara Rao and Arun Ferreira respectively, the duo had been acquitted in all. He added that though 19 cases were registered against Vernon Gonsalves, he had been acquitted in 17 while his discharge was pending in one case and an appeal was pending in another.

The counsel for the petitioners then went on to demolish the purported evidence that averred to a plot to assassinate the prime minister and the involvement of the arrested activists in the scheme. Stating that 13 letters had been leaked into the public domain, seven of which point towards the alleged assassination plot, Singhvi said that these letters are purported to have been exchanged between one Comrade Prakash and the five accused. Asserting that these letters are “fabricated”, have not been forensically examined and do not find a mention in any of the FIRs or remand applications linked with the arrests of the five activists, Singhvi placed reliance on the conviction order of Delhi University professor GN Saibaba by a sessions court which records a finding that states that Comrade Prakash is actually Saibaba himself. Singhvi then went on to say that while Saibaba has been in jail since March 2017, the contentious letters in question have all been written in subsequent months and were in fact recovered from the computer of a third party.

Singhvi then reiterated the plea of his clients – Romila Thapar, Maja Daruwala, Devaki Jain, Prabhat Pattnaik and Satish Deshpande – for a court-ordered special investigation team to look into the case filed against the five activists. Additional Solicitor General Tushar Mehta objected to the request stating once again that the petitioners are “strangers” and “have no locus” in the criminal proceedings against those arrested. Singhvi, however, rebutted Mehta’s contention citing several instances where the Supreme Court had used its powers under Article 32 to order a SIT probe in important cases.

Senior advocate Anand Grover, appearing for five activists – Shoma Sen, Rona Wilson, Surendra Gadling, Mahesh Raut and Sudhir Dhawale – who had been arrested in June this year on similar charges of organizing the Elgar Parishad, inciting communal clashes and being Maoists, began his submissions after Singhvi. Stating that he agreed with the arguments advanced by Singhvi, Grover added that the FIR filed against the activists was illegal as a FIR had originally been registered in the Bhima Koregaon case on January 4 and a second FIR on the same issue could be filed as per established directions of the Supreme Court.

Grover pointed at several procedural lapses and misgivings on part of the Maharashtra police in the raids it conducted against the arrested activists and said that only an independent investigation in case, ordered by the Supreme Court, could establish the truth.

Senior advocate Rajeev Dhavan also questioned the arrests and asked the bench “since when has providing legal aid to any group become the basis of registering an FIR against the person (a reference to the cases against Bhardwaj and others)”.

ASG Tushar Mehta, who is representing the Maharashtra government in the case, sought to rebut the arguments made by the counsels for the petitioners and the arrested activists by stating that there was “cogent material” available against the accused. He said that the arrests were conducted “subsequent to careful investigation over six months” and that the entire procedure was executed with “diligence and under the purview of judicial scope”. He also submitted to the bench the case diary and a sealed envelope which reportedly contained the material found by the Maharashtra police during the search and seizure operations against the activists.

When Mehta contended that the activists had regular communication with Maoists and were found to be in possession of Maoist literature, Justice Chandrachud questioned him saying: “many universities send their students for research in Naxal areas and on naxalites, others go there for research purposes too… does that make all of them part of banned naxal organizations?”

Chief Justice Dipak Misra too told ASG Mehta to submit the “best document” (of evidence) that he has against the accused persons.

While Mehta continued to claim that the Maharashtra police had not erred in the arrests of the activists, Justice Chandrachud remarked: “liberty cannot be subjected to conjectures… there has to be a distinction between the opposition and over throwing of a government by Constitutionally impermissible methods.”

After Justice Chandrachud made these remarks, Mehta pointed out that it is also important to see who is the person making the statements.

“Dissent is fine but it is also important who is saying it. If the leader of a banned outfit says it, this will have a different connotation,” said the ASG.

Senior lawyer Harish Salve, who represents the informant of the FIR in this case, also supported this view.

He said, “There must be a distinction between a dissenting view and a criminal act. One may say out of anger that I will burn the Constitution because it has proved to be unfair to certain class. But it is equally important to see who is saying it, what are you saying and where are you saying it.”

It was at this point that Justice Chandrachud retorted that liberty can’t be choked on mere conjectures.

On Monday, the court had said it will quash the case against the five arrested activists if the evidence against them is “cooked up” by the Maharashtra police in connection with the Bhima-Koregaon violence case.

Simultaneous raids 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.

Subsequently, a writ petition was filed in the top court by noted historian Romila Thapar and four other eminent individuals, contending the arrest of the activists was an instance of punishing dissent and difference of opinion.

As an interim reprieve, the bench had said the activists will be placed under house arrest and will not be jailed.

The arguments in the case are expected to continue on Thursday and the interim orders of house arrest of the five activists will continue in force until further orders of the court.

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Harley-Davidson sprint 440 unveiled, developed with Hero MotoCorp

Harley-Davidson has unveiled the Sprint 440, a new entry-level cruiser developed in partnership with Hero MotoCorp. The motorcycle gets a 440cc engine, a 3.5-inch TFT display and a low seat height.

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Harley-Davidson has officially unveiled the Sprint 440, a new entry-level cruiser developed in partnership with India’s Hero MotoCorp. The motorcycle brings traditional cruiser styling to the company’s existing 440cc platform, offering a different design approach from the Harley-Davidson X440.

The Sprint 440 will make its public debut at the EICMA 2026 motorcycle show in Milan, Italy. While the motorcycle is being prepared for international markets, deliveries in the United States are scheduled to begin in spring 2027.

Harley-Davidson Sprint 440 design and styling

The Sprint 440 adopts a conventional cruiser appearance, featuring an elongated and low-slung profile. Its design highlights include a teardrop-shaped fuel tank, a scooped rider seat, swept-back handlebars and a shortened rear mudguard.

A stepped pillion section and a low-mounted exhaust further complement its cruiser styling. The motorcycle also features a relatively narrow profile, with its proportions designed to provide a relaxed riding position.

One of its key highlights is the 671mm laden seat height. Harley-Davidson will also offer optional Reach and Tallboy seats to accommodate riders with different seating preferences.

Engine and performance

The new Harley-Davidson Sprint 440 is powered by a 440cc, single-cylinder, air- and oil-cooled engine.

The powertrain produces 26.7 bhp at 6,000 rpm and 38 Nm of peak torque at 4,000 rpm. It is paired with a six-speed gearbox and an assist-and-slipper clutch.

The company claims a combined fuel efficiency of approximately 34 kmpl. The motorcycle also gets a 9-litre fuel tank, which is smaller than the 13.5-litre unit offered on the India-spec Harley-Davidson X440.

Features and equipment

Despite its traditional cruiser styling, the Sprint 440 receives a modern equipment package.

It comes with a circular 3.5-inch colour TFT instrument console, full LED lighting and a USB Type-C charging port positioned above the headlamp.

Harley-Davidson will also offer several optional accessories, including a detachable windscreen, saddlebags, passenger backrest, engine guard and alternative handlebars.

These accessories will allow customers to customise the motorcycle according to their riding and touring requirements.

Harley-Davidson Sprint 440 price and launch timeline

Harley-Davidson has announced a starting price of £4,995 for the Sprint 440 in the UK.

For the US market, deliveries are scheduled to begin in spring 2027. Final assembly for the US-market motorcycle will take place at Harley-Davidson’s facility in York, Pennsylvania.

The motorcycle’s international rollout will follow different schedules depending on the market.

What about the India launch?

The Sprint 440 has a significant connection with India because it has been developed in partnership with Hero MotoCorp, which is also associated with the existing X440 platform.

However, despite its Indian development connection, an India-specific launch date and local pricing have not yet been announced.

The motorcycle brings a more traditional cruiser design to the 440cc platform, distinguishing it from the roadster-oriented X440. More details about its availability in India are awaited.

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Rahul Gandhi accuses Modi of foreign backing, BJP hits back with UK clip

Rahul Gandhi alleged that foreign forces helped Narendra Modi become Prime Minister and continue in power. The Congress leader also challenged Modi to an open debate, while the BJP responded by sharing an old video of his remarks during a UK visit.

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Rahul Gandhi

A fresh political confrontation has erupted between the Congress and the Bharatiya Janata Party (BJP) after Leader of Opposition Rahul Gandhi accused Prime Minister Narendra Modi of becoming and remaining in power with foreign assistance.

Gandhi also challenged the Prime Minister to an open debate on the issue, saying he was ready to face him on any platform and at any time.

The BJP responded by bringing up an old video of Gandhi from his visit to the United Kingdom, reviving the controversy surrounding his remarks about India’s democratic institutions and the role of foreign countries.

What Rahul Gandhi said about PM Modi

Gandhi’s remarks came in response to Modi’s recent comments targeting the Opposition during his address at the Rashtriya Ekta Diwas celebrations in Gujarat on October 31.

In a post on X on Monday, Gandhi accused the Prime Minister of relying on foreign support to attain and retain power.

“Mr Modi, stop lying to this nation. You became PM because of foreign help. You remain PM because of foreign help,” Gandhi wrote.

He further alleged that India’s financial system was fully controlled and supported by foreign entities and claimed that foreign social media platforms backed the Prime Minister.

The Congress leader also challenged Modi to discuss the allegations publicly.

“I challenge you to an open debate about this. Any stage, any time. Come if you have the guts,” he said, adding that the Prime Minister would not accept the challenge because of what Gandhi claimed to know about him.

Why PM Modi criticised the Opposition

Gandhi’s response followed Modi’s address at the Rashtriya Ekta Diwas event in Ekta Nagar, Gujarat, marking the 151st birth anniversary of Sardar Vallabhbhai Patel.

During his speech, the Prime Minister accused the Opposition of moving away from its democratic responsibility of questioning the government and instead becoming an obstructionist force.

Modi described the Opposition as an “Avrodh Paksh” rather than a “Virodh Paksh”, alleging that it was creating obstacles to the country’s development.

Without directly naming Gandhi, the Prime Minister also raised questions about the foreign visits of certain political leaders and their alleged connections with forces opposed to India.

“Who is secretly meeting whom abroad? Whom are the anti-India forces supporting? Who is speaking the language of India’s enemies?” Modi asked.

He also expressed concern over the use of social media to spread rumours and attempts to damage India’s image.

BJP brings back Rahul Gandhi’s old UK remarks

The BJP responded to Gandhi’s allegations by sharing an old video from his UK visit, bringing attention back to his earlier comments about India’s democratic institutions and the involvement of foreign countries.

During an interaction at Chatham House in London in March 2023, Gandhi had alleged that several Indian institutions, including the Press, judiciary, Parliament and Election Commission, were under threat.

He had also questioned why Europe and the United States were not doing enough to raise concerns about what he described as threats to democracy in India.

The remarks had triggered a political controversy at the time, with the BJP accusing Gandhi of seeking foreign intervention in India’s internal affairs.

BJP leaders had demanded an apology from the Congress leader over his comments during the UK visit.

The resurfacing of the old video has brought those earlier remarks back into the political debate as the Congress and BJP trade accusations over alleged foreign backing.

Political confrontation intensifies

The latest exchange comes amid an ongoing confrontation between the ruling BJP and the Opposition over several issues, including allegations of electoral irregularities and the role of constitutional institutions.

Gandhi’s challenge to Modi for an open debate has added another dimension to the political dispute, with both parties questioning each other’s alleged connections with foreign forces.

While Gandhi has accused the Prime Minister of benefiting from foreign support, the BJP has repeatedly questioned the Congress leader’s overseas remarks and alleged attempts to involve foreign countries in India’s internal political matters.

Neither side’s allegations about foreign backing should be treated as established facts without supporting evidence.

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Delhi Pollution: GRAP-II curbs imposed across NCR as AQI hits 324

Delhi’s air quality deteriorated to the very poor category on November 2, prompting the CAQM to implement GRAP Stage II across Delhi-NCR. The measures aim to control dust and vehicular pollution.

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Delhi-Pollution

Delhi’s air quality deteriorated to the ‘very poor’ category on Monday, November 2, prompting the Commission for Air Quality Management (CAQM) to invoke Stage II of the Graded Response Action Plan (GRAP) across the National Capital Region (NCR) with immediate effect.

The national capital’s Air Quality Index (AQI) reached 324 at 4 pm, placing it in the very poor category. The deterioration followed a sharp increase in pollution levels over three days, with the AQI rising from 117 on October 31 to 261 on November 1 before crossing the 300 mark on Monday.

The CAQM attributed the worsening air quality to unfavourable meteorological conditions. Forecasts by the India Meteorological Department (IMD) and the Indian Institute of Tropical Meteorology (IITM) also indicated that Delhi’s air quality could remain in the very poor category over the coming days.

What is GRAP Stage II and why has it been imposed?

The Graded Response Action Plan is a set of emergency measures designed to tackle worsening air pollution in Delhi-NCR. It has different stages based on the severity of air quality.

Under the AQI classification, readings between 301 and 400 fall in the very poor category. GRAP Stage II is applicable when air quality reaches this range.

With Delhi’s AQI climbing to 324, the CAQM directed authorities to implement Stage II measures across the NCR. The directions also require agencies to continue implementing measures under the earlier stages of GRAP.

What restrictions come under GRAP Stage II?

The second stage of GRAP focuses on strengthening pollution-control measures, particularly those related to road dust, vehicular emissions and other sources of pollution.

Some of the important measures include:

  • Road cleaning: Authorities are required to intensify mechanical sweeping of roads and water sprinkling to control dust.
  • Traffic management: Traffic police are directed to manage congestion at busy roads and intersections.
  • Vehicle checks: Enforcement teams are required to intensify checks for valid Pollution Under Control (PUC) certificates and take action against visibly polluting vehicles.
  • Parking charges: Higher parking fees are among the measures intended to discourage the use of private vehicles.
  • Diesel generators: The use of diesel generator sets is subject to stricter regulation.
  • Public transport: Authorities are required to encourage the use of public transport to reduce vehicular emissions.

These measures are intended to reduce pollution levels across Delhi-NCR.

Delhi’s AQI worsens over three days

Delhi witnessed a significant deterioration in air quality over a short period.

The AQI stood at 117 on October 31, placing it in the moderate category. It subsequently increased to 261 on November 1, entering the poor category.

On November 2, the reading climbed further to 324 by 4 pm, pushing the national capital into the very poor category.

The situation was also reflected in readings from individual monitoring stations. Several locations recorded AQI levels above 300.

Among the areas reporting high pollution levels were RK Puram, ITO, Akshardham, India Gate, Alipur, Dwarka Sector 8 and Delhi University’s North Campus.

With pollution levels worsening and unfavourable weather conditions expected to persist, authorities have been directed to strengthen enforcement of the prescribed pollution-control measures across the region.

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