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SC issues notice to Centre, Maharashtra govts, orders house arrest for activists till Sep 6

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Supreme Court

A three-judge Supreme Court bench headed by Chief Justice of India (CJI) Dipak Misra today provided interim relief to the five activists arrested by Pune police on Tuesday, August 28, by ordering they be kept under house arrest till the next date of hearing on September 6.

The court also issued notices to the Centre and Mahrashtra government, seeking their replies.

The apex court observed that those arrested are prominent rights activists, professors and lawyers.

Justice Chandrachud, who was part of the bench, said that dissent is the safety valve of democracy

Hearing over the arrests were also held in the Delhi High Court and a sessions court in Pune. The Delhi HC, which had on Tuesday stayed the transit remand of activist Gautam Navlakha, has said that it would examine the legality of the Maharashtra police action. The court also slammed police for failing to produce the translated version of the FIR and said it was yet to hear the grounds of arrest.

Hearing that the SC has stayed the transit remand of activist arrested yesterday and ordered house arrest till Sep 6, Delhi HC refrained from passing any order on Gautam Navlakha’s plea and stopped dictation of order and put it for tomorrow.

Varavara Rao, Arun Fereira and Vernon Gonsalves, on the other hand, were produced by Pune police at the sessions court there.

Varavara Rao, lawyer Sudha Bharadwaj, Arun Fereira, Gautam Navlakha and Vernon Gonsalves were arrested, the police have said, for their involvement in organising Elgaar Parishad earlier this year in Pune. Elgaar Parishad is an event to mark the 200th year of the Battle of Koregaon, which Dalit groups observe as a victory over the forces of the upper caste Peshwas. The raids were carried out in Delhi, Faridabad, Goa, Mumbai, Ranchi and Hyderabad.

The police contend the activists are linked to Maoists and were planning to recruit members from 35 colleges and launch attacks.

Earlier today, the petition by Thapar and others was mentioned for urgent hearing before a five-judge Constitution bench headed by Chief Justice Dipak Misra. Besides Thapar, the other four petitioners are Prabhat Patnaik, Devaki Jain, Satish Deshpandey and Maja Daruwala.

Senior advocate Abhishek Manu Singhvi, appearing for the petitioners told the bench that extraordinary circumstances have cropped up due to the Maharashtra Police action of arresting several human rights activists.

The petition to the top court sought the release of all the activists arrested during raids in connection with the Bhima-Koregaon case. The petitioners say the arrests were meant to muzzle dissent. “Are these arrests a demonstration to show that the democratic rights of the Indian citizen have been annulled?” petitioner Romila Thapar said in a statement.

Justice DY Chandrachud, one of the five judges hearing the case, said, “Dissent is the safety valve of democracy. If you don’t allow the safety valve pressure cooker will burst.”

The activists have been charged under the controversial Unlawful Activities Prevention Act, which authorises raids and arrest without warrant if a person is suspected to “support terrorist acts or unlawful activities”.

The accused cannot apply for bail and the police have 180 days to file a chargesheet, instead of 90.

Police had earlier arrested Shoma Sen, Rona Wilson, Sudhir Dhawale, Antachi Chalwal, Surendra Gadling and Mahesh Raut for allegedly sourcing funds from banned Maoist groups to help in organising Elgaar Parishad. It also accused them of planning to assassinate Prime Minister Narendra Modi in a “Rajiv Gandhi-like manner”.

The arrests provoked sharp reactions.   

Congress president Rahul Gandhi said, “There is only place for one NGO in India and it’s called the RSS. Shut down all other NGOs. Jail all activists and shoot those that complain. Welcome to the new India.”

Union minister Kiren Rijiju, trying to portray that as defence of Maoists and painting the Dalit activists and intellectuals as naxalites, said: “As Prime Minister Dr Manmohan Singh had declared that Maoists are No.1 threat to India’s internal security. Now the Congress president openly supports the front organisations and sympathisers of the Maoists. Keep national security above politics.”

Reacting to NHRC’s notice to Maharashtra over arrest of five activists, Maharashtra minister Deepak Kesarkar has said that the arrests were not politically motivated. He also said that they would give an ‘apt’ reply to the NHRC. “This is a fight for the country. Naxalism a major threat to country’s security,” Kesarkar said.

Ajai Sahni, executive director of Institute for Conflict Management, and an expert on security issues, said: “The entire police action on the Bhima Koregaon violence is misconceived, and the case itself, including the so-called seized correspondence with Maoist leaders, appears concocted.”

He added, “There is a strong constituency in the ruling dispensation that feels that it is necessary to intimidate Left-leaning activists who are thought to be ‘sympathetic’ to the Maoists. The fabrication of the entire idea of an escalating ‘urban Maoist’ movement is part of this campaign.”

About the police case, he said, “None of these cases are expected or intended to stand under judicial scrutiny, but the judicial process itself is the intended end in these cases. This is a process of ‘punishment by trial’. Irrespective of the outcome, the torment of a protracted judicial process will silence these activists, and many others who will get the intended ‘message’. When the police cases eventually fail, as usual, no one will be held accountable.”

Further, in an indictment of government approach, he said, “This is an extension of a model long used in Chhattisgarh against a range of alleged sympathisers. The eventual consequences can only be counterproductive. It is crucial that the ideological middle ground should be preserved. A polarised society can never find its way to peace. Where clear evidence of criminal collusion or of other criminal activities is available, of course, action must be taken. But, as I said before, that does not appear to be the case or intention here.”

Arundhati Roy hit out, saying, “The simultaneous state-wide arrests are a dangerous sign of a government that fears it is losing its mandate and is falling into panic. That  lawyers, poets, writers, Dalit rights activists and intellectuals are being arrested on ludicrous charges while those who make up lynch mobs and threaten and murder people in broad daylight roam free, tells us very clearly where India is headed. Murderers are being honoured and protected.” Roy added: “Anybody who speaks up for justice or against Hindu majoritarianism is being made into a criminal. What is happening is absolutely perilous. In the run up to elections, this is an attempted coup against the Indian Constitution and all the freedoms that we cherish.”

“They should raid those who make up lynch mobs and murder people in broad daylight. It tells us very clearly where India is headed,” she said.

Historian Ramachandra Guha blamed it on the “corporate cronies of the ruling government,” who, he said, were bent on grabbing tribal land, forest and mineral resources.

Guha said that this was a completely autocratic behaviour of the government and this needs to be condemned. He called the actions “chilling.”

He said: “As a biographer of Gandhi, I have no doubt that if the Mahatma was alive today, he would don his lawyer’s robes and defend Sudha Bharadwaj in court; that is assuming the Modi Sarkar hadn’t yet detained and arrested him too.”

Mayawati called the arrests an “abuse of power’ by the BJP government in Maharashtra. She said the government is taking trying to muzzle voices that support Dalit rights. “This is a tactic to divert attention from the failures of BJP government in Maharashtra as well as centre,” she said.

CPM general secretary Sitaram Yechury was quoted as saying: “This is a brazen attack on democratic rights and liberties.” The BJP government, he said, is “desperately trying to protect the culprits of Koregaon-Bhima violence by harassing civil and human rights activists”. He said the arrests were meant to shield the real culprits involved in the violence. “Ever since the Bhima-Koregaon violence on December 31, the Maharashtra police, along with central agencies have been targeting Dalit rights activists and lawyers who are taking up the case.”

Journalist Shekhar Gupta said: “‏Arrests of Left activists/intellectuals is McCarthyism taken to another level. Playbook: use commando-comic channels to malign those you want to ‘fix’ with zero evidence, then arrest them on nothing charges but draconian laws. Courts will be tested for their wisdom & spine.”

A columnist Mihir Sharma said, “‏For decades, Dalits have celebrated #BhimaKoregaon without being attacked by Hindutva-vadis. This year, that changed. Now, instead of arresting instigators of violence like Bhide, the BJP has ordered cops to go after Dalit activists, their lawyers and members of the PUCL. Brazen.”

A write-up on BBC was a scathing comment on state of affairs:

“Although many of its ancient texts encourage inquiry, doubt and challenge, India has a chequered history of dissent.

“Successive governments have often easily caved in to demands from fringe groups: India was the first to ban Salman Rushdie’s 1988 novel, The Satanic Verses, which many Muslims regard as blasphemous. International publishers have been forced to recall and destroy books written by scholars following pressure from little-known right-wing Hindu groups. One of the country’s best-known artists, MF Husain, was hounded out of the country after he was accused of obscenity by hardline Hindu groups.

“Antiquated colonial laws remain on the books and continue to undermine free speech. For decades, governments have used a colonial-era sedition law against students, journalists, intellectuals, social activists, and those critical of the government. The Indian state, which often appears to be feeble or unwilling to impose the rule of law, can be selectively harsh on dissenters.

“What is different this time, many say, is a concerted campaign by the government to target dissenters.

“Mr Modi himself and his party have been accused of using dog-whistle politics – coded, divisive messages – to whip up religious tension and stoke sectarian politics. In a culture of what many believe is a growing politics of hate, “whataboutery” and finger pointing, people critical of Mr Modi’s government and party have often been branded as “urban Maoists”, or anti-national, much like US President Donald Trump continues to label reporters “enemies of the people”.

“The upshot is a rising lynch-mob mentality that has begun to pervade many aspects of life.

“On bloodthirsty prime time shows on government-friendly news channels, all propriety and decorum is thrown to the winds as selected guests are targeted and shouted down by anchors and guests who support them.

“Since Mr Modi stormed to power in 2014, vigilante cow protection groups have lynched more than 20 people, the majority of them Muslims, for transporting beef. In homes and streets, people speak of what many say is an imagined threat to the future of Hinduism – it’s a strangely majoritarian nationalism based on past glory and present victimhood. Large parts of the mainstream media, heavily dependant on government advertising in a sluggish economy, prefer to remain silent.

“All this has corroded Indian democracy. Many believe the quiescence of the middle class, the silence of the media, the failure of the political parties to support dissent and now a growing muscular nationalism is to blame for the state of affairs.

“”The silencing of dissent, and the generating of fear in the minds of people violate the demands of personal liberty, but it also make it very much harder to have a dialogue-based society,” Amartya Sen, the Nobel Prize-winning economist, remarked at a lecture last year.

“Indians have not turned intolerant, he said. In fact, “we have been too tolerant even of intolerance”. India, clearly, needs more dissent, not less.”

India News

Nobody can browbeat judiciary, Chief Justice warns over Rahul Gandhi’s march

The Supreme Court issued notices to opposition leaders, including Rahul Gandhi and Akhilesh Yadav, over their march to the court on October 12 concerning irregularities in the Special Intensive Revision of electoral rolls.

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The Supreme Court has issued notices to Congress leader Rahul Gandhi, Samajwadi Party chief Akhilesh Yadav and other protesters over the opposition’s October 12 march to the apex court. The march was organised to raise concerns about alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The court’s remarks that nobody can browbeat the judiciary have brought the focus back to the dispute over the opposition’s protest and the appropriate way to raise grievances before the court.

Why the opposition marched to the Supreme Court

The march was part of the opposition’s campaign against what it described as irregularities in the voter-list revision process. The opposition has raised concerns over alleged electoral malpractice and demanded action concerning the Election Commission and the revision of electoral rolls.

Rahul Gandhi had led the march to the Supreme Court after Chief Justice of India Surya Kant declined a request to meet opposition leaders, including Gandhi and Congress president Mallikarjun Kharge.

The Chief Justice had advised the leaders to approach the court through the judicial process rather than seek an administrative meeting to discuss issues already pending before the Supreme Court.

Chief Justice’s position on approaching the court

The Chief Justice had said that the Supreme Court’s doors were open to every citizen and that people could approach it through petitions. He also indicated that matters affecting citizens would be considered in accordance with the law.

The distinction between the administrative and judicial functions of the court was central to the disagreement over the opposition leaders’ request for a meeting. The Chief Justice’s position was that pending legal issues should be addressed through judicial proceedings.

Supreme Court issues notices over the march

The Supreme Court issued notices to Rahul Gandhi, Akhilesh Yadav and other protesters concerning the October 12 march. The proceedings relate to the protest over irregularities in the Special Intensive Revision of electoral rolls.

The opposition’s allegations about the voter-list revision remain allegations and should not be treated as established findings merely because the matter has reached the court.

The developments have placed the opposition’s protest, its concerns over electoral rolls and the judiciary’s role in addressing such disputes at the centre of the ongoing debate.

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Dhruv Rathee gets fresh summons in 2018 BJP IT cell video case

YouTuber Dhruv Rathee has received fresh summons from a Delhi court in a 2018 criminal defamation case filed by Vikas Pandey over a video concerning the BJP IT Cell. The matter will next be heard on October 17.

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Dhruv Rathi

YouTuber Dhruv Rathee has received fresh summons from a Delhi court in a criminal defamation case linked to his 2018 video titled “BJP IT Cell Part 2”. The complaint was filed by Vikas Pandey, who alleged that the video contained defamatory claims about him.

The latest court action follows renewed efforts to serve Rathee with the summons while he is in India. The matter is scheduled to be heard next on October 17.

Judicial Magistrate Rahul Jain of the Saket District Court passed the order on October 12. The fresh summons were issued after the complainant’s lawyer informed the court that Rathee, who usually resides abroad, was in India in connection with the ongoing Cockroach Janta Party (CJP) protests in Delhi.

What is the case against Dhruv Rathee?

The criminal defamation complaint concerns Rathee’s video, “BJP IT Cell Part 2”, which was published in 2018.

Pandey, who founded the social media page “I Support Narendra Modi”, alleged that Rathee’s video accused him of being associated with the BJP IT Cell and offering Rs 50 lakh through an intermediary to Mahavir Prasad. According to the complaint, the money was allegedly offered to persuade Prasad to withdraw allegations that the BJP IT Cell spreads fake news.

These claims form part of the complainant’s allegations. The court’s issuance of summons does not establish that the allegations against Rathee are true or amount to a finding of guilt.

Why has the court issued fresh summons?

According to the court proceedings, the complainant’s side had been attempting to serve Rathee with summons for several years. The court had initially summoned him through an order dated July 23, 2019, but the process of serving the summons had faced delays.

The complainant’s lawyer sought an earlier hearing after learning that Rathee was in India. The application argued that his presence in the country offered an opportunity to complete the service of summons without further delay.

The court subsequently directed that fresh summons be issued. The latest report states that the summons were served at Rathee’s Gurugram residence during his visit to India.

How is Arvind Kejriwal linked to the case?

The case also involved Aam Aadmi Party (AAP) leader Arvind Kejriwal, who had re-shared Rathee’s video on X, then known as Twitter, in 2018.

Pandey filed a separate complaint against Kejriwal over the re-sharing of the video. The Delhi High Court later declined to quash the summons issued to Kejriwal.

In February 2024, the Supreme Court stayed the trial court proceedings against Kejriwal in the matter. During the proceedings, his lawyer told the court that Kejriwal acknowledged making a mistake by re-tweeting the video.

The proceedings against Rathee continued, leading to the fresh summons issued by the Saket court.

What happens next?

The case is scheduled for its next hearing on October 17. The proceedings concern the pending criminal defamation complaint and the steps taken to serve Rathee with the court’s summons.

The allegations in the complaint remain allegations unless established through the legal process.

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Supreme Court questions EC over missing records in Sringeri election dispute

The Supreme Court questioned the Election Commission over missing video footage of the 2023 counting in Karnataka’s Sringeri constituency. The case involves a revised result following a recount of postal ballots.

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The Supreme Court on Wednesday questioned the Election Commission of India (ECI) over its inability to locate video recordings of the original vote counting in Karnataka’s Sringeri Assembly constituency in 2023. The court said it would not accept what it described as “lame excuses” and directed the poll body to produce whatever records are available at the next hearing.

A bench of Justices Sanjay Kumar and Sanjeev Sachdeva expressed displeasure after the Election Commission’s counsel informed it that the footage of the original counting could not be traced.

The bench also warned that it could draw an adverse inference if the required documents were not produced.

Questioning how the poll body could lose records relating to an election it had conducted, the judges stressed that maintaining election documentation was central to its responsibilities.

“How can the Election Commission of India say that it has lost the records? Your whole purpose is to hold an election, and you need to have a document. Where is the question of you saying we are trying to trace it?” the bench asked.

“We will not accept these kinds of lame excuses,” it added.

What is the Sringeri election dispute?

The case stems from the 2023 Karnataka Assembly election in Sringeri, where Congress leader TD Rajegowda was initially declared the winner.

The result was challenged by BJP candidate Jeevaraj before the Karnataka High Court. The High Court later ordered a recount of postal ballots, including the reverification of 279 rejected postal votes.

Following the recount, the Returning Officer declared a revised result in which Jeevaraj was declared the winner. Rajegowda then approached the Supreme Court to challenge the revised outcome.

In May, the Supreme Court granted interim relief to Rajegowda, directing that he continue as the Member of the Legislative Assembly while his plea remained pending.

Rajegowda seeks counting records and observer’s report

Rajegowda has sought access to the election observer’s report and video recordings of both the original counting conducted in 2023 and the recount held this year.

The missing original counting footage became a point of concern during Wednesday’s hearing, with the bench questioning the Election Commission’s inability to trace the recording.

The court directed the Commission to submit whatever records it possesses at the next hearing. Its warning about a possible adverse inference underscores the importance the bench attached to the production of the requested documents.

The court has scheduled the next hearing for February 15, 2027.

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