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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

India and Russia vow to walk together against terrorism, reaffirm strategic partnership

PM Modi and President Putin reaffirm India-Russia unity against terrorism, deepen energy and trade cooperation, and discuss peace efforts amid the Ukraine conflict.

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Prime Minister Narendra Modi and Russian President Vladimir Putin on Friday underlined that India and Russia “walk together in the fight against terrorism,” reinforcing a decades-old strategic partnership that remains steady amid global geopolitical churn. The leaders issued the joint statement following talks at Hyderabad House in Delhi, where they also announced steps to boost trade, economic cooperation, and energy collaboration.

India-Russia stand firm on counter-terror cooperation

PM Modi described President Putin as a “dear friend” and highlighted Moscow’s consistent support to India on counter-terror efforts. Russia had earlier strongly condemned the terror attack in Jammu and Kashmir’s Pahalgam, allegedly linked to Pakistan-based Jaish-e-Mohammed, and reiterated solidarity with India’s fight against terrorism in all forms.

The joint remarks emphasized that the bilateral friendship, rooted in trust and mutual respect, has remained resilient for decades despite global challenges.

Focus on energy, trade and use of national currencies

A key highlight of the engagement was Russia reaffirming “uninterrupted shipments” of fuel to India. PM Modi expressed gratitude for Russia’s commitment, noting energy cooperation as a crucial pillar of the relationship. While he did not specifically mention oil purchases, given ongoing Western pressure, he emphasised cooperation in civil nuclear and clean energy.

The two countries also discussed expanding economic ties, including a possible free trade agreement. President Putin said bilateral trade was being targeted to reach USD 100 billion, and acknowledged progress toward using national currencies for payments — a remark expected to draw global attention.

Putin shares peace plan insights on Ukraine conflict

Putin briefed the Prime Minister on Russia’s perspective for a peaceful resolution to the ongoing Ukraine war and appreciated India’s continued role as a “champion of peace.” PM Modi reiterated India’s consistent position on dialogue and diplomacy.

Agreements across jobs, health, shipping and minerals

Officials exchanged multiple agreements covering employment mobility, health, shipping, chemicals and cooperation in critical minerals — further broadening the strategic footprint of the partnership.

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India News

RBI cuts repo rate to 5.25%, paving the way for cheaper loans

The RBI has cut the repo rate to 5.25%, aiming to support growth as inflation softens. The central bank also raised GDP projections and announced liquidity-boosting measures.

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Reserve Bank of India

The Reserve Bank of India (RBI) reduced the key repo rate by 25 basis points to 5.25% on Thursday, signalling relief for borrowers as banks are expected to offer lower EMIs on home and vehicle loans. Governor Sanjay Malhotra announced the move after the conclusion of the three-day Monetary Policy Committee (MPC) meeting.

RBI prioritises growth as inflation eases

Malhotra said the decision was unanimous, with the central bank choosing to focus on supporting economic momentum despite concerns over a weak rupee. The repo rate was earlier cut in June from 6% to 5.5% amid easing inflation trends.

The RBI now projects Consumer Price Index (CPI) inflation at 2% for FY2025-26, significantly softer than earlier estimates. For the first quarter of FY2026-27, inflation is expected at 3.9%, lower than the previous projection. The governor noted that rising precious metal prices may contribute to the headline CPI, but overall risks to inflation remain balanced.

GDP outlook strengthened

In a strong upward revision, the central bank increased the GDP forecast for the current financial year to 7.3%, previously estimated at 6.8%. Growth for the October–December quarter has also been revised to 6.7%.

The last quarter registered a six-quarter high expansion of 8.2%, reflecting resilient demand and steady credit flow.

“The growth-inflation balance continues to offer policy space,” Malhotra said, reiterating that the RBI’s stance remains neutral.

Other key decisions

Alongside the repo rate cut, the RBI announced adjustments to key policy corridors:

  • Standing Deposit Facility (SDF): 5%
  • Marginal Standing Facility (MSF): 5.5%

To improve liquidity and strengthen monetary transmission, the RBI will conduct forex swaps and purchase ₹1 lakh crore worth of government bonds through Open Market Operations (OMO).

RBI reviews a challenging year

Reflecting on 2025, Malhotra said the year delivered strong growth and moderate inflation even as global trade and geopolitical uncertainties persisted. He added that bank credit and retail lending remained healthy, providing support to the economy.

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India News

IndiGo flight chaos deepens as over 500 services cancelled, passengers stranded for hours

Over 500 IndiGo flights were cancelled nationwide, leaving passengers stranded without food, clarity or their luggage as airports struggled to manage the disruption.

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IndiGo flight

India’s largest airline continued to face massive operational breakdowns, triggering frustration among travellers at major airports across the country. From piles of unattended suitcases to passengers waiting over 12 hours without food or clarity, the disruption stretched into its fourth consecutive day.

Long delays, no communication leave passengers anguished

Several travellers at Delhi airport described the situation as “mental torture”, as thousands of unclaimed suitcases lay scattered across the terminal. Many slept on the floor, while others expressed anger over the lack of communication from airline staff.

One flier said he had been waiting for over 12 hours without any explanation: “Every time they say one-hour or two-hour delays. We were going to a wedding but don’t even have our luggage.”

A passenger in Hyderabad recounted a similar ordeal, saying the flight was delayed indefinitely with no food, water, or updates from the airline. At the airport, some travellers blocked an Air India flight in protest over the lack of arrangements.

Goa and Chennai airports also witnessed tense moments. Videos from Goa showed fliers shouting at IndiGo staff as police attempted to calm the situation. At Chennai, CISF denied entry to IndiGo passengers due to heavy congestion.

Major metro airports impacted; cascading cancellations nationwide

Flight cancellations and delays were reported across multiple airports:

  • Over 200 flights were cancelled in Delhi
  • More than 100 each in Mumbai and Bengaluru
  • Around 90 in Hyderabad
  • Dozens more in Pune, Vishakhapatnam, Chennai and Bhopal

Pune airport stated that parking bay congestion worsened the situation, as several IndiGo aircraft remained grounded due to lack of crew. Other airlines continued operations without disruption.

Airport authorities said they had mobilised additional manpower for crowd control and passenger support.

IndiGo admits planning lapses, says more cancellations expected

The airline acknowledged a “misjudgment” in assessing crew requirements under revised night-duty norms, which it said created planning gaps. Winter weather and airport congestion further aggravated the crisis.

IndiGo informed the aviation ministry and DGCA that some regulatory changes—such as the shift in night-duty timings and a cap on night landings—have been rolled back temporarily to stabilise operations.

The airline warned that cancellations may continue for another two to three days, and from December 8, schedules will be trimmed to prevent further disruption.

In a message to employees, CEO Pieter Elbers said restoring punctuality would not be an “easy target”.

Airline issues apology amid nationwide frustration

In a late-night statement, IndiGo apologised to customers and industry partners, acknowledging the widespread inconvenience caused by the disruptions. The airline said all teams were working with authorities to bring operations back to normal.

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