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Activists arrests: Supreme Court reserves judgment, asks police to submit case diary by Sep 24

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Activists arrests: Supreme Court reserves judgment, asks police to submit case diary by Sep 24

The Supreme Court on Thursday, September 20, reserved its verdict on the arrests of activists following raids in the Bhima Koregaon case.

The bench headed by Chief Justice of India (CJI) Dipak Misra and also comprising Justices AM Khanwilkar and DY Chandrachud, asked the Maharashtra Police to file their case diary pertaining to the ongoing investigation in the case by September 24. It also asked the parties to file their written submissions by then.

The SC bench reserved judgment after the counsel for both parties, including senior advocates Abhishek Manu Singhvi and Harish Salve, concluded their submissions.

Historian Romila Thapar and others had sought the immediate release of the activists picked up in raids across several states on August 28. The Maharashtra Police had arrested the activists on August 28 in connection with an FIR lodged following a conclave — Elgaar Parishad — held on December 31 last year that had later triggered violence at Bhima- Koregaon village.

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 day after they were picked up, the SC had ordered that they be kept under house arrest.

Along with historian Thapar, others who sought their release and independent probe into the matter included economists Prabhat Patnaik and Devaki Jain, sociology professor Satish Deshpande, and human rights lawyer Maja Daruwala. While one petition was filed by the five citizens a day after the arrests on August 28, an intervention application was also filed on behalf of five activists – Shoma Sen, Surendra Gadling, Mahesh Raut, Rona Wilson and Sudhir Dhawale – who were arrested in June.

The SC had said yesterday that it would look into the case with a hawk’s eye as liberty cannot be “sacrificed at the altar of conjectures”.

It had 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.

The defence also alleged that the entire case was cooked up and adequate safeguards should be provided to protect the liberty of five activists.

The apex court had earlier said that it may order a Special Investigation Team (SIT) probe if it found that the evidence has been “cooked up”.

The hearing on Thursday saw heated exchanges when Abhishek Manu Singhvi, appearing for the petitioners, said the letters placed before the court as evidence of the crime were made public by the Maharashtra police officer Param Bir Singh at a press conference, creating a prejudice against the activists.

He placed before the court a transcript of a show on NDTV, in which the officer participated and spoke about the letters, which revealed an alleged plot to kill Prime Minister Narendra Modi.

Intervening, senior lawyer Harish Salve, appearing for the complainant Tushar Damgude, wanted to know how the petitioners obtained a copy of the letters.

Justice DY Chandrachud then asked Additional Solicitor General Tushar Mehta if the police officer indeed gave away copies of the letter.

Mehta said the letter that had alleged a plot to assassinate Prime Minister Modi was revealed by the officer during the press conference. However, he said the activists also had access to the letters since it was from them that the letters were recovered.

Singhvi said despite finding out about a grave conspiracy, the police have still not filed an FIR on the alleged assassination plot.

Earlier, Mehta submitted that the police have corroborated information mentioned in 13 different letters recovered from the arrested activists, allegedly written to and received from Maoist handlers. “We have evidence to show they followed the instructions and went to places mentioned,” he said.

Mehta said evidence recovered goes back to 2012 and that it would be absurd to claim that the police have been planting evidence for six years continuously to make these arrests. He also questioned the rationale of the intervening petitions, stating that when arrests have been made and the lower judiciary has taken cognisance, the question of habeas corpus will not arise.

Mehta, while taking the court through the evidence collected so far, said the investigation is being conducted responsibly as per law.

Harish Salve said the line the court should draw is between dissent and unlawful activity.

“You can be of any ideology. But you cannot indulge in unlawful activity,” he said. If there was a trail of unlawful activity, the investigation should continue, he added.

Salve also said just because the party in power is associated with a particular ideology, cases against the activists perceived to be of another ideology cannot be dismissed as motivated. “This is akin to a vote of no confidence against a resilient system,” he asserted.

In his rejoinder to Mehta’s arguments, senior lawyer Abhishek Manu Singhvi, appearing for the petitioners, said despite nine months since the filing of the FIR in January, the two former judges who had openly claimed to have organised the Elgar Parishad event have not been questioned.

Singhvi said the transit remands for taking the five arrested in August to Pune were based on disclosure statements of the activists arrested in June. “They did not rely on the 13 letters,” he said.

Chief Justice Misra intervened to state that admissibility of evidence will not be decided by the Supreme Court as it was the job of the magistrate handling the case.

Questions about letters cited by police

Lawyer Anand Grover said there were discrepancies in the letters written in Hindi as Marathi font and phrases have been used. At this point, Justice Chandrachud also pointed to such a usage from one of the letters.

Singhvi said that his clients are “nowhere in the FIR”. “The entire object of the proceedings against these accused is to create a subtext of plot to assassinate the prime minister,” Singhvi said.

“The Maoist plot isn’t mentioned in any record produced in court. The entire experience by the Maharashtra Police is to rope the people ex post facto,” Singhvi said. “The transit remand application is based entirely on Bhima Koregaon and has no mention of the three letters,” he pointed out in court.

Here, Salve interrupted Singhvi but the latter objected saying, “Interventions that too by an intervenor.” Singhvi then asked that how can a man in jail write a letter, referring to Professor Sai Baba.

Chief Justice Dipak Misra asked Mehta to supply to the court the entire case diary in its original language. “You do one thing, you give us the entire case diary,” the Chief Justice said. Salve then said that a lot of it (the case diary) will be in Marathi. “That is okay,” replied Misra.

Singhvi also pitched in: “Your Lordships have sufficient Marathi bench strength,” he said, referring to Khanwilkar and Justive DY Chandrachud on the bench.

After going through the letters, senior advocate Anand Grover said, “The letter allegedly written by Sudha Bharadwaj and Ronal Wilson contains Marathi words which they could not have written as they are Hindi speaking… Letters by Rona Wilson and Sudha Bharadwaj written in Hindi include words that only Maharashtrians could have written. That is why I am saying this case is cooked up,” Grover remarked.

The court then concluded the hearing, ordering the written notes to be filed by Saturday.

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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