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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.

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Uttar Pradesh CM directs high vigilance ahead of Bakri Eid, orders strict compliance on sacrifice and prayers

Uttar Pradesh Chief Minister has directed state administrative and police heads to ensure strict vigilance ahead of Bakri Eid. Rules mandate animal sacrifice only at designated spots and prohibit road blockages for public prayers.

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Yogi Adityanath

In view of the upcoming festival of Bakri Eid, Uttar Pradesh Chief Minister Yogi Adityanath reviewed administrative and security arrangements across the state. In a high-level security meeting, the chief minister directed officials to strengthen vigilance and clearly specified that the ritual sacrifice of animals will not be permitted in public spaces under any circumstances.

The state administration clarified that sacrifices must take place strictly at pre-designated, approved locations, and no new religious practices or traditions are to be encouraged. The chief minister also reiterated the ongoing ban on the sacrifice of prohibited animals across the state.

Guidelines on public prayers and law enforcement

To ensure that public mobility and normal life are not disrupted, the administration has directed that namaz must be offered exclusively at traditional venues. The government statement explicitly noted that permission will not be granted to offer prayers by blocking roads under any circumstances.

To prevent any communal friction or law-and-order issues, police chiefs and district magistrates in sensitive areas have been instructed to act proactively. The chief minister interacted directly with administrative heads of highly monitored districts, including Aligarh, Bijnor, Saharanpur, Rampur, and Sambhal. Law enforcement agencies have been asked to analyze past incidents to identify potential disruptive elements and initiate preventive action. Furthermore, continuous foot patrolling and pre-festival flag marches are to be conducted near religious sites and in sensitive neighborhoods. Regular dialogue will also be maintained with local peace committees at the police station, tehsil, and district levels to foster communal harmony.

Cleanliness, waste management, and slaughterhouse checks

The state directives place heavy emphasis on hygiene and the systemic disposal of waste during the festive period. Every district must implement a well-planned system to manage and dispose of waste following ritual sacrifices.

Media reports highlight that the open sale of meat remains strictly prohibited, and illegal slaughterhouses will not be allowed to operate anywhere in the state. For authorized and licensed slaughterhouses, the administration has mandated that the number of animals kept must strictly align with the officially prescribed capacity. Additionally, round-the-clock power supply, sanitation, and municipal security will be monitored.

Preparations for Ganga Dussehra and community grievance redressal

The review meeting also outlined security and safety measures for the upcoming Ganga Dussehra festival. Districts such as Prayagraj, Varanasi, Ayodhya, Chitrakoot, Hapur, Muzaffarnagar, and Amroha have been instructed to ensure clean ghats, proper barricading, shade provisions, and efficient parking management. Given the prevailing intense heatwave conditions, the comfort and safety of visiting devotees must be treated as a top priority, with ambulances deployed near heavy footfall areas.

In a bid to improve governance, the chief minister also passed several other structural directives during the session. Weekly ‘chaupals’ (community gatherings) are to be organized at the block level to immediately resolve public grievances, including revenue disputes, domestic violence, extortion, and local police complaints. These gatherings will also serve to enroll eligible beneficiaries into pending government welfare schemes.

On the administrative and regulatory front, a crackdown against vehicles running without number plates has been initiated alongside the creation of a specialized task force to eliminate illegal mining. Urgent appointments will also be filled in districts currently lacking a chief medical officer. Concluding the meeting, the administration reviewed the Department of AYUSH, ordering effective steps to deploy the ‘AYUSH Health and Wellness Policy-2026’ to promote the state as a premier global wellness tourism destination.

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No uniform civil code provisions will be imposed on tribals, clarifies Amit Shah

Union Home Minister Amit Shah has assured tribal communities that the proposed Uniform Civil Code will not interfere with their customs, urging them not to be misled by misinformation.

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Union Home Minister Amit Shah on Sunday declared that the proposed Uniform Civil Code (UCC) will not impact tribal populations in any manner. He called upon the community to stay vigilant against “conspiracies” and misinformation circulating on the subject.

Addressing the Janjati Sanskritik Samagam—a tribal conclave organized by the Janjati Suraksha Manch at the Red Fort grounds to mark the 150th birth anniversary year of Birsa Munda—Shah stated that specific provisions have been implemented in states ruled by the ruling party to exclude tribal communities from the scope of the code.

Clarification on customs and traditions

The Home Minister highlighted that a deliberate narrative has emerged suggesting the proposed legislation would strip tribal societies of their distinct culture, traditions, and customary lifestyles.

He explicitly clarified that the central government has no intention of forcing UCC regulations upon tribal or Vanvasi communities. Shah pointed out that where regional administrations have initiated the code, care has been taken by the leadership to ensure that indigenous populations remain fully outside its jurisdiction. He requested attendees to disseminate this assurance deeply into forest zones and rural villages to erase lingering apprehensions.

Focus on security and community development

Beyond the legislative framework, Shah detailed the progress made toward curbing internal security threats, stating that the nation is steadily advancing toward eradicating Naxalism entirely. He noted that violent disruptions had severely restricted progress in these belts for decades, leading to the loss of thousands of tribal lives. According to the minister, regional stability will now pave the way for accelerated development across remote hills and forests.

The address also covered constitutional rights regarding personal faith. Shah mentioned that the original framework of the Constitution grants every citizen the dignity to practice their traditional beliefs without facing coercion, temptation, or material inducement for religious conversion.

Reflecting on financial allocations, the minister criticized earlier political administrations for keeping tribal welfare funding low. He underscored that the current administration under Prime Minister Narendra Modi significantly elevated the dedicated tribal budget from a previous Rs 28,000 crore to Rs 1.54 lakh crore. Terming the vast gathering a historical movement for cultural preservation, Shah described the societal awakening as a major step toward safeguarding tribal heritage for future generations.

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Petrol crosses Rs 100 mark in Delhi after fresh Rs 2 hike amid global tensions

Petrol and diesel prices have been hiked by Rs 2 per litre in Delhi, pushing petrol past the Rs 100 mark. The revision marks the fourth increase within two weeks, driven by the ongoing Iran-US conflict.

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Excise duty on petrol

In a significant blow to daily commuters, domestic fuel prices have been raised once again. Petrol and diesel rates were increased by Rs 2 per litre on Monday, marking the fourth such upward revision in the last two weeks. With this latest hike, the price of petrol has officially breached the psychological threshold of Rs 100 per litre in the national capital.

The consecutive revisions come on the back of severe disruptions in global oil supplies triggered by the ongoing military escalation between Iran and the United States. As international crude markets navigate the fallout of the West Asia crisis, domestic oil marketing companies have steadily passed the financial burden onto consumers to cope with surging production costs. Prior to this update, fuel rates had already experienced multiple sharp spikes over the last fortnight, compounding the financial strain on households.

Media reports indicate that while the central government had previously managed to hold steady on retail prices during the early phases of the geopolitical disruption, the sustained pressure on global energy supply routes has left local distributors with little choice but to adjust domestic rates accordingly.

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