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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

Lt Gen Dhiraj Seth appointed next Army chief, to take charge on June 30

The government has appointed Lt Gen Dhiraj Seth, currently the Vice Chief of Army Staff, as the next Army chief. He will succeed General Upendra Dwivedi on June 30.

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The Centre has appointed Lieutenant General Dhiraj Seth as the next Chief of the Army Staff (COAS), paving the way for a leadership transition in the Indian Army later this month. Lt Gen Seth, who currently serves as the Vice Chief of the Army Staff, will succeed General Upendra Dwivedi upon the latter’s retirement on June 30, 2026.

The appointment was announced on Saturday, with the government confirming that Lt Gen Seth will assume office from the afternoon of June 30. He will take over command after General Dwivedi completes his tenure as the Army’s 30th chief.

Veteran Armoured Corps officer

An officer of the Armoured Corps, Lt Gen Seth was commissioned into the Indian Army in December 1986 after graduating from the National Defence Academy. Over nearly four decades of service, he has held a range of operational, command, staff and strategic appointments across the Army.

Before becoming Vice Chief on April 1, 2026, he served in several senior leadership roles, including heading the Southern Command and South Western Command. He has also commanded formations such as the Delhi Area and the XXI Corps during his military career.

Leadership transition in the Army

Lt Gen Seth’s elevation comes as the Army prepares for a change of command at the highest level. His appointment follows his move to Army Headquarters as Vice Chief earlier this year, a role he assumed on April 1.

The Ministry of Defence said the incoming Army chief brings extensive experience from command, operational and strategic assignments across diverse military domains.

With the appointment, Lt Gen Seth is set to lead the Indian Army through the next phase of its modernisation and operational preparedness efforts after taking charge at the end of the month.

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India News

IAF AN-32 aircraft crashes while landing at Assam’s Jorhat airbase, five personnel killed

Five Indian Air Force personnel were killed after an AN-32 transport aircraft crashed while landing at Jorhat Air Force Station in Assam. The IAF has ordered a court of inquiry into the accident.

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An Indian Air Force (IAF) AN-32 transport aircraft crashed while attempting to land at Jorhat Air Force Station in Assam on Saturday, resulting in the deaths of five Air Force personnel. The accident occurred during a routine sortie and triggered an emergency response at the airbase.

According to the IAF, the aircraft met with the accident during the landing phase at Jorhat. The force later confirmed the loss of five personnel and expressed condolences to their families. A court of inquiry has been ordered to determine the circumstances that led to the crash.

Court of inquiry ordered

The Indian Air Force said a formal investigation will examine the cause of the accident. Officials have not yet disclosed what may have led to the crash, and the inquiry is expected to review technical, operational and environmental factors.

Reports indicated that the co-pilot survived the accident and is undergoing medical treatment.

Personnel who lost their lives

The IAF identified the five personnel killed in the accident as:

  • Squadron Leader Prashant Singh
  • Flight Lieutenant Shubham Kumar
  • Sergeant Jitendra Sharma
  • Agniveervayu Khemaram Kumawat
  • Agniveervayu Danish Alam

The Air Force said it stands with the bereaved families during this difficult time.

AN-32’s role in the Air Force

The AN-32 is a twin-engine transport aircraft that has been a key part of the Indian Air Force’s logistics operations for decades. It is widely used to transport personnel, equipment and supplies, particularly in remote and high-altitude regions. India remains one of the largest operators of the aircraft type.

The crash comes months after a Sukhoi Su-30MKI fighter aircraft accident in Assam that claimed the lives of two IAF pilots.

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India News

Delhi records coolest day of June so far as rain and thunderstorms bring relief from heat

Delhi recorded its coolest day of June after rain and thunderstorms caused a sharp drop in temperatures. IMD has forecast more showers and gusty winds before temperatures begin rising again.

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Delhi weather today

Delhi witnessed its coolest day of June so far after widespread rain and thunderstorm activity caused temperatures to drop significantly across the national capital. The change in weather provided much-needed relief from the intense summer heat that had gripped the region in recent weeks.

According to the India Meteorological Department (IMD), rain and thunderstorms over the past 24 hours brought a noticeable decline in both maximum and minimum temperatures. Official weather observations showed that Delhi’s maximum temperatures fell well below normal levels, while several areas experienced strong winds and rainfall.

More rain and thunderstorms likely

The IMD has forecast additional thunderstorms, light to moderate rain and gusty winds for Delhi and nearby areas through Saturday. A yellow alert remains in place, with weather conditions expected to stay unsettled before gradually improving.

Weather experts have attributed the recent change to the influence of a western disturbance and associated weather systems affecting northwestern India. While the disturbance is gradually moving away, its impact is expected to continue for a short period.

Temperatures may rise again next week

Meteorologists expect the pleasant conditions to last for another couple of days. After that, temperatures are likely to begin rising again as rainfall activity decreases. The IMD’s latest forecast also indicates a gradual increase in temperatures by the middle of next week.

Recent weather systems have brought relief not only to Delhi but also to parts of Uttar Pradesh, Rajasthan and other northern states, where thunderstorms and rain have helped ease heatwave conditions.

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