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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

Mohanlal’s Stephen returns in fearsome form in L2: Empuraan Teaser

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Mohanlal as Stephen Nedumpally in the teaser of L2: Empuraan

The much-anticipated teaser for L2: Empuraan, the second chapter of the planned trilogy directed by Prithviraj Sukumaran, has been unveiled, offering a glimpse of a darker, more brutal narrative. Starring Malayalam cinema legend Mohanlal, the film continues the story of Stephen Nedumpally, also known as Khureshi Ab’raam, a character that mesmerized audiences in Lucifer.

The teaser debuted at a grand event attended by the film’s key players, including Mohanlal, Prithviraj, and Mammootty, who released the teaser in style. Clocking in at 143 seconds, the preview immediately sets a grim tone, beginning in Qaraqosh, a war-torn town in Iraq. The atmosphere is tense, underscored by the chilling phrase, “Death to the Evil.”

One of the standout moments in the teaser recalls PK Ramdas (Sachin Khedekar) advising Priyadarshini (Manju Warrier) in the first film: “If one day you feel everything is falling apart and I’m not around, the only person you can turn to is Stephen.” This sentiment reverberates through the teaser as it shifts to Stephen’s iconic black Ambassador car, now layered with dust—an ominous sign of his long absence.

The suspense builds as a voice declares, “He leads the most powerful mercenary group in Asia,” introducing audiences to Stephen’s transformation into a figure commanding immense influence and fear. The teaser’s climactic moments highlight Mohanlal’s commanding return as Khureshi Ab’raam, warning of the perils of dealing with the devil.

Star-Studded Cast and Stellar Crew

Joining Mohanlal in this cinematic spectacle are Manju Warrier, Indrajith Sukumaran, Tovino Thomas, and others reprising their roles from Lucifer. The film also features Saniya Iyappan, Saikumar, Baiju Santhosh, Fazil, and Sachin Khedekar in key roles.

The story, penned by Murali Gopy, is brought to life with the expertise of cinematographer Sujith Vaassudev, editor Akhilesh Mohan, and composer Deepak Dev, whose score amplifies the teaser’s intensity.

As the teaser hints at power struggles, deceit, and vengeance, L2: Empuraan sets the stage for an explosive continuation of this gripping saga, leaving fans eagerly awaiting its release.

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MSBTE Result 2025 declared: Maharashtra diploma winter exam results now available online

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MSBTE Result 2025 announcement for Winter Diploma exams

The Maharashtra State Board of Technical Education (MSBTE) has officially announced the results for the Winter 2024 diploma exams. Students who appeared for these exams, held in December 2024, can now access their results on MSBTE’s official website, msbte.org.in.

To check the MSBTE Winter Exam Result 2025, candidates must have their enrollment or seat numbers ready. The results are accessible via a direct link available on the website.

Steps to check MSBTE 2025 results:

  1. Visit the official MSBTE website: msbte.org.in.
  2. Navigate to the “Examination” section and click on “Winter 2024 Exam Result.”
  3. Enter your enrollment number or seat number in the required fields.
  4. Click on the “Show Result” button to view your marksheet.
  5. Download and save the PDF for future reference.

Details mentioned on the MSBTE Winter Diploma results:

The MSBTE Winter Diploma Marksheet 2025 includes the following information:

  • Student’s name
  • Register number
  • Course name
  • Marks obtained in each subject
  • Subject codes and names
  • Total marks
  • Maximum marks
  • Result status (Pass/Fail)

The announcement is crucial for diploma students across Maharashtra as it determines their academic progress and eligibility for future courses or career opportunities.

Students are advised to verify all details on their marksheets and contact the board in case of discrepancies. For further updates, visit the official MSBTE website.

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JPC clears Waqf Amendment Bill with 14 changes, Opposition cries foul

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The Waqf Amendment Bill is poised for a final vote on January 29 in the Joint Parliamentary Committee. The committee had been tasked with reviewing the bill by November 29, which was then extended to February 13, approved 14 changes to the draft. The 44 amendments proposed by the Opposition were rejected by its chairman BJP MP Jagadambika Pal.

The Opposition had accused the BJP of bias in several sittings of the committee leading to the suspension of several MPs, including Kalyan Banerjee of Trinamool Congress and Asaduddin Owaisi of the AIMIM, both vocal critics of the Bill.

The Opposition MPs had also written to Speaker Om Birla against Pal, saying he was rushing the Bill to gain political mileage ahead of the Delhi Assembly election due to be held on February 5.

Earlier, reports had said Banerjee had broken a glass during a verbal altercation while in deliberations with BJP MP and former Calcutta HC judge Abhijit Gangopadhyay.

The Bill aims to reform Waqf Board administration, mandating the inclusion of non-Muslim and women members. The Central Waqf Council’s composition would also change, incorporating a Union minister, MPs, ex-judges, and individuals of national repute, regardless of religious affiliation. Crucially, the Council’s land acquisition powers would be removed. A controversial clause restricts donations to Muslims practicing their faith for at least five years, prompting concerns about religious freedom.

While proponents claim the bill empowers Muslim women and children, critics, including the Congress and the DMK, allege it infringes upon Articles 15 and 30 of the Constitution, which guarantee freedom of religion and the right of minorities to administer educational institutions. The final report is expected by January 31.

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