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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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Mayawati says Akash Anand needs more maturity, rules out major BSP role

BSP chief Mayawati says nephew Akash Anand needs greater political maturity before taking on a major responsibility in the party.

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Akash Anand

Bahujan Samaj Party (BSP) chief Mayawati on Thursday said her nephew Akash Anand needs to gain greater political maturity before he can be entrusted with any major responsibility in the party.

Addressing a national-level meeting of BSP office-bearers, Mayawati said she had allowed Akash Anand to continue working within the organisation but felt that he was not yet ready to handle a significant party responsibility.

“I have allowed Akash Anand to work in the party, which is before all of you, but Akash Anand still needs to become more mature. Till then, it would not be appropriate to give him a major responsibility in the party,” Mayawati said.

Mayawati also made it clear that Akash Anand, who is the BSP’s national coordinator, would continue working in the party. However, he will not be entrusted with any major responsibility for the time being.

Mayawati refers to Kanshi Ram’s principles

Explaining her position, Mayawati referred to the principles of BSP founder Kanshi Ram.

She said Kanshi Ram had permitted members of his family and other relatives to assist with party work, but was against giving them election tickets or positions after the party came to power.

Mayawati said she was also committed to following that principle. According to her, maintaining this approach was important to protect the BSP from tactics allegedly employed by political opponents during elections.

BSP to contest elections alone

During the meeting, Mayawati also announced a major political decision concerning the BSP’s electoral strategy.

She said the party had decided to contest all elections across the country on its own, irrespective of whether they were small or major elections.

Targeting the Congress, Mayawati described it as a “strongly anti-Dalit and anti-Ambedkar” party and said the BSP would therefore fight elections independently rather than depend on other parties.

The decision was announced as Mayawati reviewed the BSP’s organisational work and discussed shortcomings with party office-bearers.

She instructed leaders at different levels to implement the party’s annual organisational activities with complete honesty and dedication.

Mayawati attacks RSS over minority rights

Mayawati also criticised the Rashtriya Swayamsevak Sangh (RSS), referring to comments made by its chief Mohan Bhagwat during his recent visit to the United States.

Bhagwat had said that a Hindu who believes there should be no Muslims in Bharat would not remain a Hindu. He had also spoken about Hindu philosophy accepting that different faiths can lead to the same truth and emphasised the idea of unity in diversity.

Mayawati, however, said there was a significant difference between the RSS’s statements and its actions.

She argued that the organisation lacked credibility when it came to issues concerning the interests and welfare of the Bahujan Samaj, reservation as a constitutional right, and the safety, dignity and religious freedom of women, Muslims and other religious minorities.

She further said that despite its long existence, the RSS had not received the recognition and respect it sought.

Mayawati invokes Ambedkar’s Constitution

The BSP chief also challenged the RSS to demonstrate its commitment to the Constitution drafted under the leadership of Babasaheb Dr Bhimrao Ambedkar.

Mayawati said that if the RSS genuinely had faith in a humanitarian, welfare-oriented and egalitarian Constitution, it should follow its principles honestly and ensure that its members did the same.

BSP reiterates focus on Bahujan Samaj

At the national meeting, Mayawati reviewed the BSP’s organisational activities, assessed its shortcomings and gave directions to office-bearers regarding the party’s future work.

She reiterated that protecting the interests of the Bahujan Samaj and bringing exploited and deprived sections to political power remained the BSP’s central mission.

Mayawati maintained that achieving political power was necessary for the party to fulfil these objectives.

Her latest remarks on Akash Anand indicate that while her nephew will remain associated with the BSP and continue working for the organisation, he will not receive a major party responsibility until she believes he has attained the required political maturity.

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Abhinandan Varthaman retires from IAF, joins FLY91 as commercial pilot

Abhinandan Varthaman has taken premature retirement from the IAF after 22 years and reportedly joined Goa-based airline FLY91 as a commercial pilot.

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Indian Air Force fighter pilot Abhinandan Varthaman has taken premature retirement from the force after 22 years of service and has reportedly moved to commercial aviation.

The former Group Captain and Vir Chakra awardee has joined Goa-based regional airline FLY91 as a pilot, according to a report citing sources. The report said Varthaman joined the airline in August.

Varthaman has not made any public statement about the reported move. A spokesperson for FLY91 also declined to provide personal information about its employees, describing it as a private matter.

What is FLY91?

FLY91 is a regional airline based in Goa that began flight operations in March 2024. According to the report, the airline currently operates six ATR 72-600 aircraft and has bases in Goa and Hyderabad.

Abhinandan Varthaman’s 2019 aerial combat

Varthaman became widely known following the India-Pakistan aerial confrontation in February 2019.

After a suicide bombing in Pulwama killed 40 CRPF personnel, India carried out air strikes against a Jaish-e-Mohammad training camp in Balakot, according to the Indian government’s account.

The following day, the Pakistan Air Force launched a response, leading to an aerial engagement between the two sides. Varthaman, who was a Wing Commander at the time, was flying a MiG-21 when his aircraft was hit. He ejected and was subsequently captured by Pakistani forces.

According to the Indian government’s account and his Vir Chakra citation, Varthaman shot down a Pakistani F-16 during the aerial engagement before his own aircraft was hit. He was held in Pakistan for three days and was released on the night of March 1, 2019. He sustained injuries while ejecting from his MiG-21 Bison.

He was awarded the Vir Chakra, India’s third-highest wartime gallantry award, for his actions during the dogfight. The award was conferred in 2021. The award citation described him as displaying an “exceptional sense of duty”.

His reported transition to FLY91 marks a new phase in his aviation career, taking him from military fighter operations to commercial flying.

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Raghav Chadha marked as shifted in Punjab draft voter rolls, alleges AAP vendetta

Raghav Chadha has alleged political vendetta after his name was marked “shifted” in Punjab’s draft electoral rolls during the SIR exercise.

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Raghav Chadha

BJP Rajya Sabha MP Raghav Chadha has raised questions after his name was marked as “shifted” in Punjab’s draft electoral rolls prepared during the Special Intensive Revision (SIR) of voter lists.

Chadha, who remains a Rajya Sabha member from Punjab and has his voter registration in Mohali, alleged that the classification was not a routine clerical error and accused the Aam Aadmi Party-led Punjab government of political vendetta.

The electoral rolls currently under discussion are draft lists, with the final rolls scheduled to be published in October 2026.

Raghav Chadha questions voter list classification

Chadha said he was surprised to find his name classified as “shifted” despite being a sitting MP from Punjab.

He questioned how such a classification was made and pointed to the involvement of officials at different stages of the electoral roll revision process. According to Chadha, Booth Level Officers, Assistant Electoral Registration Officers, Electoral Registration Officers and District Election Officers are part of the process.

He alleged that these officials could potentially face political pressure because their transfers and postings are controlled by the state government.

Chadha also referred to Paragraph 4(d) of the Election Commission of India’s SIR guidelines. He said the provision requires public representatives, including MPs and MLAs, whose names are flagged in the electoral database to be included in the draft rolls so that they can participate in the claims and objections process.

He alleged that this provision was not followed in his case.

Punjab CEO seeks report on Chadha’s voter status

Punjab Chief Electoral Officer Anindita Mitra told that she was not aware of any deletion of Chadha’s name from the electoral rolls.

She said a detailed report would be sought from the district election authorities to determine whether his name had actually been deleted and, if so, the reason for the action.

Mitra also pointed out that the claims and objections process is currently underway. September 13 is the deadline for filing appeals over changes or discrepancies in the electoral rolls.

AAP rejects political vendetta allegation

The controversy has also drawn a response from the Aam Aadmi Party.

AAP leader Neel Garg rejected Chadha’s allegation, saying the party had no interest in deleting the vote of any individual. He instead alleged that the issue was being raised by the BJP and referred to the SIR exercises in Bihar and West Bengal.

Chadha joined the BJP in April 2026 along with six other AAP Rajya Sabha MPs.

The dispute comes as Punjab’s electoral rolls undergo revision ahead of the 2027 Assembly elections. Since the claims and objections process is still open, the status of Chadha’s name is subject to the ongoing electoral process.

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