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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 stresses mutual respect in ties with Italy after Congress’ Meloni remark

India stressed mutual respect and understanding in its ties with Italy after Congress leaders, including Rahul Gandhi, made remarks involving Giorgia Meloni.

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India underlined the importance of maintaining mutual respect and understanding in its relationship with Italy, a day after Congress leaders, including Rahul Gandhi, took a swipe at Prime Minister Narendra Modi’s handling of foreign policy.

The Ministry of External Affairs said India and Italy share strong bilateral ties and expressed its commitment to further strengthening the relationship.

“We share deep and strong ties with Italy, and we are committed to further strengthening this relationship,” the MEA said. It added that friendship and bilateral relations between countries should be maintained within a framework of mutual respect and understanding.

The statement came after a political controversy over remarks made at a Congress event in Delhi.

Rahul Gandhi’s mock hug draws BJP criticism

At the Congress event, Rahul Gandhi greeted party leader Sandeep Dikshit with a mock hug. Gandhi had earlier criticised the Prime Minister’s approach to diplomacy, suggesting that it was being reduced to symbolic gestures such as hugging foreign leaders.

Dikshit then brought Italian Prime Minister Giorgia Meloni into the exchange with a remark, following which Rahul Gandhi played along.

The episode drew sharp criticism from BJP leaders, who accused the Congress leader of using inappropriate language against the Prime Minister and lowering the dignity associated with the office of the Leader of Opposition.

Union Education Minister Pralhad Joshi questioned Rahul Gandhi’s conduct and said India required mature leadership. He also criticised remarks in which Gandhi had referred to the government as “jokers and clowns”.

BJP leaders target Rahul Gandhi

Union Minister Giriraj Singh also attacked Rahul Gandhi, describing him as “mentally frustrated” and questioning his conduct.

BJP MP Bansuri Swaraj said Rahul Gandhi’s language was inconsistent with the dignity expected from the Leader of Opposition.

BJP leader Shehzad Poonawalla also criticised the Congress leader, saying that while disagreement with Prime Minister Modi was legitimate, bringing a foreign woman leader into what he described as a crude joke was neither appropriate nor statesmanlike.

The MEA’s statement, meanwhile, focused on India’s bilateral relationship with Italy and reiterated that mutual respect and understanding remain important to maintaining ties between the two countries.

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Assam BJP leader Bikash Dhar found dead, 5 arrested for murder

BJP leader Bikash Dhar, 52, was found dead in an abandoned house in Assam’s Sribhumi district after being reported missing on August 12. Police have arrested five people in connection with the alleged murder.

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A 52-year-old BJP leader who had been missing for two days was found dead in Assam’s Sribhumi district on Friday, with police alleging that he was murdered.

Bikash Dhar, a resident of Chagalmowa village under Bazaricherra police station, was found dead inside an abandoned house in the Yogicherra area near the Tripura border on Friday morning.

Dhar’s family had filed a missing complaint on August 12 after he left home following a phone call.

According to his son Madan Dhar, Bikash left around 1 pm after saying that he had to attend an emergency meeting. When he did not return and his phone was switched off, the family began searching for him and later approached the police.

Five arrested in murder case

Sribhumi Superintendent of Police Leena Doley said an investigation was launched after the missing complaint was received. The probe was conducted under the supervision of the Additional Superintendent of Police (Crime).

Police said five people have been arrested in connection with the alleged murder. They were identified as Abdul Salam, Sifat Ali, Abdul Ahad, Saiful Ali and Badrul Haque.

According to the police, interrogation of Abdul Salam revealed that the accused had an enmity with Dhar. Police alleged that the group killed him and dumped his body near a water body.

Another person, identified as Sunam Miya, was named during the investigation and reportedly fled to Tripura on the night of the incident.

Police find injury and cut marks on body

Police said injury and cut marks were found on Dhar’s body, and a murder case has been registered.

During the recovery of the alleged weapon, police said accused Badrul Haque attempted to escape from custody. A police constable was injured during the incident.

Police said they fired at Haque’s leg to prevent him from escaping, resulting in a bullet wound.

The investigation into the circumstances surrounding Dhar’s death and the alleged involvement of the accused is underway.

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Jharkhand CID raids multiple locations in JPSC exam irregularities case 

Jharkhand CID conducted raids across several districts to arrest seven accused in a case involving alleged irregularities in JPSC competitive examinations.

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The Jharkhand Crime Investigation Department (CID) has conducted raids at several locations across the state as part of its investigation into alleged irregularities in competitive examinations conducted by the Jharkhand Public Service Commission (JPSC).

According to a CID press release, the searches were carried out to arrest seven accused named in Case No. 16/2026 and execute warrants issued against them.

The accused have been identified as Aditya Pandey, Pawan Kumar Singh, Ravishankar Kumar, Santosh Kumar Singh, Sanand Prakash, Lalu Kumar Yadav and Saurabh Kumar Pandey.

The CID conducted searches in several districts as part of efforts to apprehend the accused. The agency said its investigation into the case is continuing.

CID examining evidence in exam irregularities case

The case relates to alleged irregularities in various competitive examinations conducted by the JPSC.

As part of the investigation, the CID has begun matching OMR carbon copies obtained during the probe and examining other evidence collected in the case.

The agency said further action would be taken according to law on the basis of the evidence gathered. It added that legally permissible action against those found involved in the case is underway.

ABVP protests over JPSC, JSSC exams

The CID raids come amid protests over alleged irregularities and paper leaks in examinations conducted by the JPSC and Jharkhand Staff Selection Commission (JSSC).

On August 13, the Akhil Bharatiya Vidyarthi Parishad (ABVP) held protests in several cities, demanding a Central Bureau of Investigation (CBI) probe and strict action against those responsible.

In New Delhi, students and ABVP workers protested outside Jharkhand Bhawan, calling on the Jharkhand government to take steps to restore confidence in the examination system.

According to the ABVP, similar protests were held in Lucknow, Kolkata, Guwahati, Agartala, Jaipur, Hyderabad, Ahmedabad, Surat, Gorakhpur, Jodhpur, Kota, Raipur, Bhubaneswar, Varanasi and Prayagraj, as well as at university campuses.

The student organisation has sought an impartial CBI investigation into alleged irregularities in JPSC and JSSC examinations. It has also demanded cancellation of the JSSC CGL examination, citing concerns over its integrity, along with fresh examinations where irregularities have been reported.

Meanwhile, JPSC-JSSC aspirants continue to protest at Jaipal Singh Munda Stadium in Ranchi. The ABVP has also alleged that students protesting peacefully on August 10 and 11 faced lathi-charge, water cannons and arrests.

Jharkhand CID has conducted raids at multiple locations in connection with alleged irregularities in JPSC competitive examinations and efforts to arrest seven accused named in Case No. 16/2026.

The action comes amid continuing student protests demanding a CBI probe into alleged JPSC-JSSC exam irregularities.

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