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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.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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No state will lose a seat, Centre assures as delimitation debate takes centre stage in Parliament

Parliament’s special session begins with key focus on implementing women’s reservation and delimitation, setting the stage for major electoral changes.

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Parliament

A special session of Parliament commenced on Thursday, with the Centre set to take up crucial legislation related to women’s reservation and delimitation of constituencies. The session, scheduled over three days, is expected to witness intense debate as the government pushes forward its legislative agenda.

At the centre of discussions is the proposal to operationalise the women’s reservation law, which seeks to allocate 33 percent of seats in the Lok Sabha and state assemblies to women. The law, passed earlier, requires enabling provisions before it can be implemented.

The rollout of the reservation is closely tied to the delimitation exercise — a process that redraws parliamentary constituencies based on updated population data. The implementation is expected only after the next census and delimitation process are completed.

The government is aiming to put in place the framework so that the reservation can be enforced in future elections, likely around 2029.

Delimitation and numbers at play

Delimitation is a key aspect of the proposed changes, as it will determine how seats are redistributed and which constituencies are reserved. The exercise is expected to reflect population shifts and may also involve an increase in the total number of Lok Sabha seats.

This linkage has made the issue politically sensitive, with several opposition parties backing women’s reservation in principle but raising concerns over how and when delimitation will be carried out.

Political reactions and expected debate

The session is likely to see sharp exchanges between the government and opposition. While there is broad agreement on increasing women’s representation, disagreements remain over the timing, process, and potential political implications of the delimitation exercise.

Some leaders have argued that delimitation could significantly alter the balance of representation among states, making it a contentious issue beyond the women’s quota itself.

The government, however, has framed the move as a step toward strengthening women’s participation in governance and ensuring more inclusive policymaking.

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