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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.

India News

Centre reassures farmers as India-US trade deal nears completion

The Centre has assured farmers that the upcoming India-US trade deal will not harm agriculture or dairy, while creating new export opportunities for India.

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farmer

As India and the United States move closer to finalising a major bilateral trade agreement, the Centre has sought to reassure farmers that their interests remain fully protected. Senior ministers on Wednesday said the proposed pact does not compromise sensitive sectors such as agriculture and dairy, while opening new avenues for Indian exports.

Union Minister for Agriculture and Farmers’ Welfare Shivraj Singh Chouhan dismissed opposition allegations that the deal could adversely affect domestic farmers. Speaking to the media in New Delhi, he said the agreement poses no risk to staple food grains, millets, fruits or dairy products.

“Farmers’ interests are paramount and non-negotiable,” Chouhan said, asserting that the government has ensured no provision allows sudden or disruptive entry of foreign agricultural products into Indian markets. He added that safeguards for both small and large farmers remain firmly in place.

Chouhan underlined that key agricultural commodities continue to be protected and that existing measures shielding Indian farmers from unfair competition will remain unchanged. According to him, the agreement has been shaped under the leadership of Prime Minister Narendra Modi, with a clear focus on development and national interest.

Addressing concerns sparked by a recent social media post from a US official regarding greater access for American farm products, the Agriculture Minister said the matter had already been clarified in Parliament by Commerce Minister Piyush Goyal. He reiterated that India has not opened its markets in a way that would put pressure on domestic producers.

At the same time, the government highlighted potential gains for Indian exports. Reduced tariffs under the agreement are expected to benefit sectors such as rice, spices and textiles. Chouhan pointed out that India already exports rice to multiple countries, including the US, with shipments valued at around Rs 63,000 crore. Increased textile exports, he added, would directly support cotton-growing farmers and allied industries.

External Affairs Minister S Jaishankar also indicated that the trade agreement is now in its final stages. In a post on X following his visit to the United States, he described the negotiations as productive and said the deal would mark a new phase in bilateral relations. He noted progress in areas such as critical minerals, while signalling deeper engagement in defence, energy and strategic cooperation.

Officials view the agreement as part of a broader effort to strengthen India-US economic and strategic ties amid global uncertainty. While detailed provisions are yet to be made public, the Centre has reiterated that farmer welfare remains at the heart of the negotiations.

In an emotional appeal, Chouhan referred to farmers as the nation’s “Annadata” and said serving them was equivalent to worship. He assured that the government would continue to stand firmly with farmers as India charts a new course in its trade relationship with the United States.

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India News

Punjab AAP leader Lucky Oberoi shot dead in daylight attack in Jalandhar

AAP leader Lucky Oberoi was killed in a daylight shooting in Punjab’s Jalandhar after attackers fired multiple bullets at him while he was inside his car.

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AAP LEADER Lucky oberoi

AAP leader Lucky Oberoi was shot dead in a broad daylight attack in Punjab’s Jalandhar on Friday after unidentified assailants opened fire at him near a gurdwara in the city.

According to initial information, Oberoi was inside his car near the Gurdwara Sahib in the Model Town area when attackers arrived on a two-wheeler and fired multiple rounds at him. Five bullets reportedly hit him during the attack.

He was rushed to a private hospital immediately after the shooting, but doctors declared him dead due to the severity of his injuries.

Attack near gurdwara, police launch investigation

As per preliminary details, Oberoi was parking his vehicle outside the gurdwara when the attackers struck. The shooting triggered panic in the area, prompting an immediate response from the local police.

A police team reached the spot soon after receiving information and has launched an investigation into the incident. Efforts are underway to identify the attackers and determine the motive behind the killing.

Political reactions after killing

Following the incident, Leader of Opposition in the Punjab Legislative Assembly, Partap Singh Bajwa, strongly criticised the state government, alleging a collapse of law and order in Punjab.

In a post on X, Bajwa said the daylight killing of an AAP leader outside a gurdwara reflected the deteriorating security situation in the state. He questioned the government’s ability to protect citizens, claiming that fear and gang violence were gripping Punjab under the current administration.

Background

Lucky Oberoi was associated with the Aam Aadmi Party in Punjab. His wife had earlier contested municipal elections as an AAP candidate but did not win.

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India News

Pariksha Pe Charcha 2026: PM Modi to interact with students at 10 am today

PM Modi will address students across India at 10 am today as part of Pariksha Pe Charcha 2026, focusing on stress-free examinations and learning.

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Pariksha pe charcha

Prime Minister Narendra Modi will interact with students from across the country on Friday at 10 am as part of the annual Pariksha Pe Charcha (PPC) programme. The 2026 edition continues the initiative’s focus on reducing exam-related stress and encouraging students to prioritise learning over pressure.

In a message shared on X, the Prime Minister invited students, parents and teachers to watch Pariksha Pe Charcha 2026, noting that this year’s discussions will cover topics related to examinations, the importance of staying stress-free and maintaining focus on learning. He described the programme as a platform he enjoys, as it allows him to engage directly with young minds from different parts of the country.

Aligned with NEP 2020 vision

The Pariksha Pe Charcha initiative aligns with the National Education Policy 2020, which emphasises holistic development, mental well-being and a supportive learning environment. The programme seeks to transform how examinations are perceived by fostering confidence, positivity and celebrating the exam season as a learning festival rather than a source of anxiety.

According to an official release from the Ministry of Education, the Prime Minister has also shared his views on examinations and student well-being in his book Exam Warriors. Available in multiple languages as well as Braille, the book highlights the importance of self-belief and open conversations around stress so that children can enjoy a balanced and fulfilling childhood.

Student participation in pre-event activities

Conceptualised by the Prime Minister, Pariksha Pe Charcha introduces new and engaging elements every year. In the lead-up to the 2026 edition, several student-focused activities were organised across schools nationwide. These included the Swadeshi Sankalp Daud, a student-led run or walk promoting the spirit of self-reliance, along with quiz and writing competitions conducted at selected Kendriya Vidyalayas on Parakram Diwas.

The Ministry of Education stated that approximately 4.81 crore students participated in these pre-event activities, reflecting the scale and reach of the initiative.

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