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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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Privilege motion against Union Minister Kiren Rijiju for calling Opposition MPs unworthy of House

The Union Minister said that if the Opposition cannot respect the chair, then they have no right to be a member of this House.

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Privilege Motion against Union Minister Kiren Rijiju for calling Opposition MPs unworthy of House

Sagarika Ghose, Trinamool Congress MP on Thursday moved a privilege motion against Union Minister Kiren Rijiju for calling opposition MPs unworthy of being in Rajya Sabha.

Reportedly, the notice was endorsed by 60 opposition MPs. This follows a day after Kiren Rijiju, speaking to opposition MPs in Rajya Sabha, said that they all are not worthy of being in this house.

Addressing the media, Trinamool MP Sagarika Ghose said that the Minister for Parliamentary Affairs, Kiren Rijiju, instead of doing his best to run Parliament smoothly, has chosen to repeatedly insult the opposition.

She added that Kiren Rijiju has insulted opposition members and used personal terms both inside and outside Parliament. She continued that this is totally unbecoming of the high office he holds and amounts to total misuse of his position.

In a privilege motion against Union Minister Kiren Rijiju, Trinamool MP accused him of misusing his office and using unparliamentary language against the opposition. Many senior leaders from all opposition parties have signed the motion, she added.

Earlier on Wednesday, Kiren Rijiju criticised opposition members, saying they were not worthy of being in the House. He further defended Vice President and Rajya Sabha Chairman Jagdeep Dhankhar, who has faced opposition attacks.

The Union Minister said that if the Opposition cannot respect the chair, then they have no right to be a member of this House.

Nearly sixty MPs from the opposition INDIA bloc on Tuesday submitted a notice in the Rajya Sabha for a no-confidence motion against Jagdeep Dhankhar. The Opposition accused him of being extremely partisan in his role as chairman of the Upper House.

In the no-confidence motion, Congress Chief Mallikarjun Kharge said that the Opposition have no personal enmity or political fight with him, but want to tell the countrymen that they have taken this step to safeguard democracy, the Constitution, and after giving it a lot of thought.

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Ahead of elections, Delhi government clears Rs 1000 per month for women, Arvind Kejriwal promise Rs 2100 if AAP wins

Arvind Kejriwal stated that previously he had promised to give Rs 1000 to every woman, but some women came to him and said that Rs 1,000 would not be sufficient due to inflation.

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Ahead of elections, Delhi government clears Rs 1000 per month for women, Arvind Kejriwal promise Rs 2100 if AAP wins

Ahead of the assembly elections, Aam Aadmi Party chief Arvind Kejriwal on Thursday announced that the Delhi cabinet has cleared a financial assistance proposal for women over the age of 18. He further announced that the assistance of Rs 1,000, originally announced in March, would be hiked to Rs 2,100 if the AAP wins. 

Arvind Kejriwal noted that the money would not be credited into bank accounts since elections were likely to be announced soon, but said that registrations for the scheme, named Mukhyamantri Mahila Samman Yojana, would begin tomorrow.

The former Delhi Chief Minister said that the registration will begin tomorrow, and the registrations will begin for Rs 2,100 and not Rs 1000. He made this announcement at Mahila Samman Yojana event where he was accompanied by Delhi Chief Minister Atishi.

Arvind Kejriwal stated that previously he had promised to give Rs 1000 to every woman, but some women came to him and said that Rs 1,000 would not be sufficient due to inflation. Therefore, Rs 2,100 will be deposited into the accounts of all women, he continued. Furthermore, the AAP national convenor said that the aforesaid proposal was passed in the cabinet meeting chaired by Atishi this morning, following which the scheme has been implemented.

In March 2024, the then Kejriwal-led Delhi government announced Rs 1,000 per month to all women above 18 years in the national capital under the Mukhyamantri Samman Yojna.

Notably, this initiative bore resemblances to Madhya Pradesh’s Ladli Behna Yojana, under which women from lower- and middle-class homes would receive a monthly transfer of Rs 1,000 into their accounts.

In his address today, Arvind Kejriwal said the scheme would prove to be a boon for the Delhi government as it will be blessed by mothers and sisters, benefitting from the monthly funding.

He also added that women build the future of the country, and they consider it their privilege to support them in their work. Along with Delhi’s two crore population, the government overcomes the biggest obstacles, he said, adding no obstacle can prevent them from doing good work for the people of the city.

Lashing out at the BJP, Arvind Kejriwal said that he first announced the scheme in March and hoped that it would be implemented at least by May. However, the BJP conspired and sent him to jail based on a fraud case. He added that since his return from jail, he has worked to implement this scheme with Atishi. 

Arvind Kejriwal was arrested by the Enforcement Directorate in March in connection to the Delhi liquor policy case. The former Chief Minister was released from Tihar Jail on September 13 after the Supreme Court granted him bail. Four days later, he resigned as the Delhi Chief Minister.

The elections to the 70-member Delhi Assembly are expected in January 2025. The AAP has so far released two lists of candidates to contest the election.

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Maharashtra CM Devendra Fadnavis meets PM Modi amid deadlock over cabinet portfolios

Devendra Fadnavis, Eknath Shinde, and Ajit Pawar agreed on a division of 22 ministerial berths for the BJP, 11 for Shiv Sena, and 10 for the NCP.

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PM-Modi-Devendra-Fadnavis-cabinet-portfolios

Maharashtra Chief Minister Devendra Fadnavis met Prime Minister Narendra Modi in New Delhi on Thursday amid conundrum over cabinet portfolios. Almost three weeks after winning a majority in Maharashtra elections, the Mahayuti alliance is yet to decide on cabinet portfolios among the three alliance partners namely BJP, Shiv Sena and NCP.  

The meeting with the Prime Minister comes amid the three parties requesting the intervention of central BJP leaders to address remaining contentious issues. Earlier on Wednesday night, Fadnavis and his deputy Ajit Pawar held a meeting with Union Home Minister Amit Shah and BJP chief JP Nadda. Meanwhile, Deputy Chief Minister Eknath Shinde chose not to join the trip.

Reports said, Devendra Fadnavis, Eknath Shinde, and Ajit Pawar agreed on a division of 22 ministerial berths for the BJP, 11 for Shiv Sena, and 10 for the NCP. Notably, the maximum number of cabinet positions in Maharashtra, including the chief minister, is 43.

Nonetheless, the distribution of berths may still change. As per BJP leaders, if Shiv Sena and NCP request more positions, they will likely be assigned less significant portfolios. The major portfolios, including home and revenue, are expected to remain with the BJP. Reportedly, while Eknath Shinde had pushed for the home department, he has been given urban development, and the finance portfolio will go to the NCP.

The Shiv Sena initially argued that the election victory was achieved under Shinde’s leadership, insisting that he should remain Chief Minister. Nonetheless, the BJP stood firm, pushing for Fadnavis to hold the top position. Eknath Shinde had limited leverage, as the BJP only needed the NCP’s support to secure a majority. Notably, Shinde has always maintained publicly that he would not block government formation and took the oath as Deputy Chief Minister on December 5. 

However, Eknath Shinde’s current absence from the capital has raised questions in political circles, and it remains unclear whether he will join the discussions in Delhi.

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