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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

Dharmendra Pradhan submits resignation to PM Modi amid student protests

Education Minister Dharmendra Pradhan has submitted his resignation to Prime Minister Narendra Modi, hours before the third round of talks between the Centre and the Cockroach Janta Party.

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Dharmendra Pradhan

Education Minister Dharmendra Pradhan on Saturday submitted his resignation to Prime Minister Narendra Modi, marking a major development amid the ongoing student protests at Delhi’s Jantar Mantar.

Pradhan announced the decision through a post on X, just hours before the Centre was scheduled to hold the third round of talks with the Cockroach Janta Party (CJP), which has been leading the agitation over alleged irregularities in competitive examinations.

The resignation of the Education Minister had remained the primary demand of the protesters, who have been camping at Jantar Mantar for more than a month seeking accountability and reforms in the examination system.

The latest development comes at a crucial time as both sides prepare for another round of discussions aimed at resolving the prolonged standoff.

As of now, there has been no official announcement from the Prime Minister’s Office on whether Pradhan’s resignation has been accepted. Further details are awaited.

Resignation comes before key Centre-CJP meeting

The announcement was made only hours before representatives of the Centre and the Cockroach Janta Party were expected to meet for the third round of negotiations.

The talks are being closely watched as the government attempts to end the month-long protest, with the resignation of Dharmendra Pradhan remaining one of the protesters’ central demands.

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CJP says Dharmendra Pradhan’s resignation non-negotiable ahead of third round of talks

CJP has hardened its stand before the third round of talks with the Centre, insisting that Education Minister Dharmendra Pradhan’s resignation remains its primary and non-negotiable demand.

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The Cockroach Janta Party (CJP) has reiterated that the resignation of Union Education Minister Dharmendra Pradhan remains its top demand, just hours before the third round of discussions with the Centre on Saturday.

CJP spokesperson Ashutosh Ranka said the organisation would see little purpose in continuing negotiations if the government was unwilling to remove the minister.

In a post on X, Ranka said Dharmendra Pradhan’s resignation was “non-negotiable” and added that there was no point in holding further discussions if the government rejected the demand.

The third round of talks is scheduled for Saturday afternoon after Union Ministers JP Nadda and Jitendra Singh met CJP representatives for nearly two hours during the second round of discussions on Friday.

According to the CJP, it has placed three key demands before the Centre:

  • Resignation of Education Minister Dharmendra Pradhan.
  • A guarantee that no legal action will be taken against protesting students.
  • Compensation of Rs 1 crore for the families of students who allegedly died by suicide following the NEET paper leak.

During Friday’s meeting, the Centre agreed in principle to two of the demands — ensuring no legal action against protesting students and providing compensation. However, the demand for the Education Minister’s resignation remains unresolved.

Speaking after the meeting, JP Nadda said the protesters had also submitted five suggestions for reforms to the examination system. He said the government would hold internal discussions before responding during Saturday’s meeting.

Government sources, however, indicated that Dharmendra Pradhan’s resignation is not under consideration. According to the sources, the government believes resignation is not the appropriate course of action and continues to back the minister.

Meanwhile, the Centre has announced several measures aimed at tackling examination paper leaks. Prime Minister Narendra Modi has announced the establishment of fast-track courts to hear paper leak cases, while the government is preparing amendments to strengthen the law with stricter punishments and higher fines.

The Centre has also replaced the Education Secretary and removed 47 officials of the National Testing Agency (NTA), while promising broader reforms within the examination body.

Responding to the action against NTA officials, Ashutosh Ranka said the move alone was insufficient. He maintained that accountability ultimately rests with the Education Minister and reiterated that Dharmendra Pradhan must resign.

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India News

PM Modi’s Instagram reel on exam paper leaks crosses record 303 million views amid Jantar Mantar protests

Prime Minister Narendra Modi’s direct video address addressing exam paper leaks has crossed 303 million views on Instagram amid student demonstrations at Jantar Mantar.

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Prime Minister Narendra Modi has crossed a global digital milestone, with a single Instagram reel gathering over 303 million views within a 24-hour period. The massive social media turnout eclipsed the previous global record of 300 million views. The digital milestone unfolded against the backdrop of ongoing demonstrations by thousands of youth and student protesters gathered at New Delhi’s Jantar Mantar demanding systemic reforms and accountability following examination malpractices.

Following the high engagement on his initial post, the Prime Minister released a follow-up video message titled “Thank you friends” to express gratitude to young citizens for their constructive suggestions and feedback.

Late-night message addresses student concerns

The record-breaking digital engagement began with a rare late-night selfie video posted by Prime Minister Modi. In the clip, he directly addressed public anxieties regarding examination paper leaks and promised strict executive action against offenders.

By utilizing a direct video format aimed at connecting with younger demographics, the Prime Minister emphasized that the administration treats competitive exam malpractices with extreme seriousness rather than as a minor issue.

Cabinet plans fast-track courts and strict penalties

Detailing actions undertaken over the preceding two and a half months, the Prime Minister stated that the primary objective of the administration has been protecting candidates from losing an academic year. He highlighted the extensive administrative coordination required to arrange re-examinations swiftly for affected candidates.

Furthermore, Prime Minister Modi announced that the Union Cabinet will move forward with a strict legal framework. The proposed measures include establishing fast-track courts and imposing harsh penalties on individuals or criminal syndicates involved in leaking examination papers.

The initial late-night communication generated a surge of approximately one million new followers on the Prime Minister’s profile overnight. In his follow-up statement, PM Modi appreciated the active dialogue created among the youth, remarking that citizen engagement helps strengthen governance.

“This love of yours will remain, and our bond will continue to connect with even more vibrancy,” the Prime Minister stated, thanking supporters for their active involvement.

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