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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

LPG Aadhaar authentication mandatory for subsidy from October 1

Biometric Aadhaar authentication will be required for subsidised domestic LPG refills from October 1. Here is what changes for consumers who have and have not completed the process.

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LPG cylinder

Biometric Aadhaar authentication will become a requirement for domestic LPG consumers seeking to book refills at the regulated retail selling price with applicable subsidy from October 1, 2026.

The government has said the measure is aimed at ensuring that subsidised LPG reaches eligible households and at preventing the diversion of subsidised domestic cylinders for commercial and industrial use.

What changes from October 1

Consumers who have already completed biometric Aadhaar authentication will not have to repeat the process. Their LPG refills will continue as before.

For consumers who have not completed the authentication, refill booking at the regulated price with subsidy will be enabled after the authentication is completed.

As of September 19, 2026, 27.43 crore active domestic LPG consumers, or 89.9 per cent of the total, had completed biometric Aadhaar authentication, according to the Petroleum and Natural Gas Ministry.

How to complete Aadhaar authentication

Consumers who have not yet completed the process can do so through several channels.

Authentication can be completed during LPG delivery, at the distributor’s showroom or through the mobile applications of the three state-owned oil marketing companies.

Indane customers can use IndianOil ONE, Bharatgas customers can use HelloBPCL, while HP Gas customers can use HP PAY.

What if consumers do not complete authentication

The government has clarified that consumers who are unwilling or unable to complete biometric Aadhaar authentication can still receive LPG.

However, they will have to register their choice through the available digital channels of their oil marketing company, such as its consumer portal, mobile app, WhatsApp chatbot or IVRS.

Such consumers will be supplied LPG at the applicable market price without subsidy, in 5-kg or 10-kg cylinders, subject to local availability.

Why the government is introducing the requirement

According to the Petroleum and Natural Gas Ministry, linking each LPG connection to an Aadhaar-authenticated consumer is intended to prevent diversion of subsidised domestic cylinders and remove duplicate or ineligible connections.

The government has also said the measure is intended to make subsidy delivery more targeted and transparent.

Authentication deadline and progress

Consumers were initially asked to complete biometric Aadhaar authentication by June 30, 2026. The deadline was subsequently extended several times, with September 14 being the final extended deadline mentioned by the ministry.

The nationwide authentication drive has been underway since October 2023. The government said more than 12 crore SMS and WhatsApp messages had been sent as part of the outreach campaign.

The government has urged consumers who have not yet completed the process to do so before October 1.

LPG Aadhaar authentication becomes mandatory for subsidised domestic LPG refills from October 1. Consumers who have already completed biometric authentication need not do it again. Those who haven’t can still get LPG, but at the applicable market price without subsidy.

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BJP hits back at opposition over EC row, says disagreement is democracy

The BJP has defended reported differences among Election Commissioners, saying internal deliberations are part of a healthy democratic process.

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The BJP has defended the Election Commission amid a political row over reported differences among Election Commissioners concerning decisions linked to the Special Intensive Revision (SIR) of electoral rolls.

BJP MP Sambit Patra said discussions and exchanges of views within the poll panel should be seen as part of the democratic process rather than as evidence of institutional dysfunction.

According to the BJP’s position, disagreement during official deliberations reflects the fact that members of an institution are able to put forward their views before decisions are taken.

BJP defends EC deliberations

Patra said that if the three Election Commissioners discuss and debate issues among themselves, such exchanges should not be characterised as dictatorship. He described such deliberations as a sign of a healthy democracy.

The BJP’s response came amid reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on multiple occasions over decisions and orders associated with the SIR exercise and electoral rolls.

The Election Commission has said that differences in views and observations are a normal part of deliberations within an institution. It has maintained that decisions, including those related to SIR, were taken unanimously.

Row centres on SIR process

The controversy comes against the backdrop of the ongoing political debate over the Special Intensive Revision of electoral rolls.

Opposition parties have raised concerns over the reported differences within the poll panel, while the BJP has sought to counter those arguments by pointing to the role of discussion and deliberation in institutional decision-making.

Patra also said the BJP’s understanding of the matter was based on media reports rather than access to the Election Commission’s internal documents. He said the documents, as reported, indicated that the SIR process was finalised after democratic deliberations and consensus.

What the Election Commission has said

The Election Commission has rejected the suggestion that the reported objections indicate a breakdown in its functioning.

It has maintained that differing opinions during deliberations are part of normal institutional functioning and that the decisions eventually taken by the commission were unanimous.

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IIT Bombay Professor Suryanarayana Doolla sent on leave amid student suicide row

IIT Bombay professor Suryanarayana Doolla has been sent on leave amid the ongoing student protests following Sahil Wakode’s death.

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IIT Bombay professor Suryanarayana Doolla has been sent on leave amid the ongoing controversy following the death of 20-year-old student Sahil Wakode, with protests on the campus seeking action against the professor.

Doolla, a faculty member in IIT Bombay’s Department of Energy Science and Engineering, had been involved in the examination incident concerning Wakode. The student was allegedly found using a mobile phone during a mid-semester examination and had uploaded the question paper to an AI platform to seek answers, according to the institute.

Why Suryanarayana Doolla is at the centre of the controversy

Doolla was the course instructor and examination invigilator during the examination and was involved in reporting the alleged examination malpractice to the institute’s authorities.

IIT Bombay has said Wakode was subsequently counselled by the instructor and the Head of Department and was assured that the examination incident would not adversely affect his academic career. The institute has also maintained that no disciplinary action had been initiated against the student before his death.

Wakode’s family, however, alleged harassment and caste-based discrimination. Mumbai Police registered a case based on the family’s complaint, with Doolla among those named. The allegations remain subject to investigation.

Student protests at IIT Bombay

Following Wakode’s death, students began protesting on the IIT Bombay campus and demanded action against Doolla.

IIT Bombay Director Professor Shireesh Kedare met the protesting students on September 20 and signed an 18-point charter of demands. The demands included action against Doolla.

Doolla was subsequently removed from the post of Dean Students Welfare amid the protests. The latest action comes as the controversy surrounding Wakode’s death and the allegations against the professor continue to be investigated.

Faculty members back Doolla

While students have demanded action against Doolla, IIT Bombay’s Faculty Forum has backed the professor, saying he was performing his duties as an invigilator and had followed the institute’s prescribed procedure after detecting the alleged examination malpractice.

The controversy involves the examination incident, allegations made by Wakode’s family and the police investigation into his death. The allegations against Doolla have not been established as facts and remain part of the ongoing investigation.

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