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Supreme Court extends house arrests of activists, will examine evidence against them

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Supreme Court extends house arrests of activists, will examine evidence against them

The Supreme Court, on Monday, September 17, extended till September 19 the interim house arrest of five civil rights activists arrested by the Maharashtra police on August 28 in nationwide raids in connection with Bhima Koregaon communal clashes.

The activists – Sudha Bharadwaj, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves and Varavara Rao – have been under house arrest since August 29.

On the next date, September 19, the prosecution – the Maharashtra police and the Centre – are likely to present their case diary against the accused and “additional evidence” of the connections between the activists and Maoist organizations.

The court’s interim order placing the activists under house arrest has come on a petition filed by five eminent citizens – Romila Thapar, Maja Daruwala, Devaki Jain, Prabhat Pattnaik and Satish Deshpande – who had challenged the arrests. Families of some of the arrested activists had later filed affidavits in the case.

The top court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which is hearing the petition, made it clear at the outset that the interim house arrest orders will continue till Wednesday.

Chief Justice Misra, however, pointed it out to the counsel for the petitioners and the prosecution that the bench was, at the moment, was entertaining the petition “on the foundations of liberty” and would assess the “issues like independent enquiry… at a later stage.”

Senior advocate Singhvi has demanded that the apex court must order a probe by a special investigation team (SIT) to look into the arrest of the activists and whether there is any truth in the allegations of their involvement in the January 1 Bhima Koregaon communal clashes or those of them being involved with Maoists “in a conspiracy against the State or to assassinate Prime Minister Narendra Modi”.

A SC bench observed that the court “must go through the evidence” to arrive at a conclusion whether there is actually substance in the criminal cases against the activists or that the case is fabricated.

The court further remarked that it may even order a SIT probe to look into the manner and the circumstances leading to registration of FIRs and subsequent arrests of the activists.

“We may quash the case if there is no material. We will have to examine the materials first. Let them (Maharashtra police) submit a report before us. We will safeguard the liberty but we will also have to see what is the material against them,” the judges said.

On Monday, the counsel for the prosecution once again questioned the locus standi of the petitioners in the case, with Additional Solicitor Generals (ASG) Tushar Mehta and Maninder Singh arguing that the Supreme Court should not have entertained the petition to begin with and that pleas by the arrested activists were already sub judice at the lower and high court level.

While senior advocate Rajeev Dhavan was arguing on behalf of the petitioners, Mehta, along with ASG Maninder Singh maintained that “strangers (referring to the petitioners) have no locus in criminal matters.”

Senior advocates Abhishek Manu Singhvi and Rajeev Dhavan, appearing for the petitioners, however, strongly rebutted the submissions by the prosecution. Singhvi and Mehta demanded that the cases filed by the activists in the lower and high courts must be entertained while the extant petition in the Supreme Court should be set aside. However, the suggestion attracted a strong rebuke from Dhavan who snapped at Mehta while pointedly telling the bench: “Let us have a hearing without interruptions. Mehta should be doing cricket commentary… don’t try to convert everything into a stupid drama.”

Mehta retorted saying he did not want to “stoop to his (Dhavan’s) level” and continued to submit that “many incriminating documents against the arrested social activists have been recovered during the investigation”. He claimed that the activists have “not only been arrested for their involvement in the Bhima Koregaon event but also for conspiring to disrupt peace in the country.”

The five activists – Arun Ferreira, Vernon Gonsalves, Gautam Navlakha, Varavara Rao and Sudha Bharadwaj – were arrested on August 28 in connection with the Bhima Koregaon case. The following day, the Supreme Court ordered that they be placed under house arrest till September 6. “Dissent is the safety valve of democracy, if you don’t allow safety valve, pressure cooker will burst,” the court had said.

On September 6, the court extended their house arrest till September 12 and adjourned the matter. The bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, however, had pulled up the police for briefing the media even when the case was still in court.

During the September 12 hearing, the court adjourned the matter to Monday, September 17 and extended the house arrest of the activists. Both sides had asked for more time to file additional documents. On Monday, the house arrest was extended till Wednesday, when the prosecution has provide evidence for the case under which the arrests were made.

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Parliament Winter Session to be held from November 25 to December 20

Kiren Rijiju, Parliamentary Affairs Minister affirmed that the government’s proposal to convene both Houses of the Parliament (Lok Sabha and Rajya Sabha) during this period was sanctioned by President Droupadi Murmu.

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Parliament Winter Session to be held from November 25 to December 20

The Parliament Winter Session will commence from November 25 and will conclude on December 20. The winter session will take place two days after the announcement of Maharashtra and Jharkhand Assembly election results.

Kiren Rijiju, Parliamentary Affairs Minister affirmed that the government’s proposal to convene both Houses of the Parliament (Lok Sabha and Rajya Sabha) during this period was sanctioned by President Droupadi Murmu.

Notably, the upcoming Winter Session will be the observance of Constitution Day on November 26, commemorating the 75th anniversary of the adoption of the Indian Constitution. Reportedly, the event will be celebrated in the Central Hall of Samvidhan Sadan in New Delhi, with members of both Houses gathering to honour the country’s foundational document.

Taking to X, Kiren Rijiju said that the President, on the recommendation of Government of India, has approved the proposal for summoning of both the Houses of Parliament for the Winter Session, 2024 from 25th November to 20th December, 2024 (subject to exigencies of parliamentary business). The Union Minister added that on 26th November, 2024 (Constitution Day), 75th Anniversary of the adoption of Constitution, the event would be celebrated in the Central Hall of Samvidhan Sadan.

In this session, raging discussions are expected to be held around two key legislative proposals: The Waqf (Amendment) Bill, 2024 and One Nation, One Election.

Previously, Union Home Minister Amit Shah had stressed on the importance of the Waqf (Amendment Bill), asserting that it would be addressed in the winter session. Addressing an election rally in Gurugram, the Home Minister said that they will resolve The Waqf Board law in the next session of the Parliament.

At present, a Joint Parliamentary Committee(JPC) is holding marathon meetings across various states to engage with stakeholders and address their concerns and build a consensus on the contentious bill.

Reportedly, the Centre might also look to introduce One Nation One Election Bill which will ensure simultaneous polls for Lok Sabha and state assemblies.

Prime Minister Narendra Modi during his Unity Day speech in Gujarat, said that the One Nation, One Election proposal, which aims to synchronise all elections in the country either on a single day or within a specific time frame, will be cleared soon and will become a reality.

The Prime Minister said that they are now working towards One Nation One Election, which will strengthen India’s democracy, give the optimum outcome of India’s resources and the country will gain new momentum in achieving the dream of a developed India.

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Kerala High Court quashes charges against director Sreekumar Menon in complaint filed by actor Manju Warrier

The court also noted a significant delay in the actor’s report of the alleged incident involving obscene language.

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Kerala High Court quashes charges against film director Sreekumar Menon in complaint filed by actor Manju Warrier

In a significant development, the Kerala High Court has quashed all charges against film director Sreekumar Menon in a case filed by renowned South Indian actress Manju Warrier. The criminal case lodged in 2019, alleged stalking and harassment by Sreekumar Menon against Manju Warrier.

Justice S. Manu, who presided over the case, found insufficient evidence to support the charges pressed against the film director. The charges included stalking under Section 354D of the Indian Penal Code (IPC), using obscene language under Section 294(b) of the IPC, and criminal intimidation under Section 509 of the IPC.

The Kerala High Court also noted a significant delay in the actor’s report of the alleged incident involving obscene language. The complaint, which was filed in 2019, mentioned an altercation that supposedly occurred in Dubai in December 2018. Furthermore, the Court pointed out that Section 188 of the CrPC mandates seeking Central Government permission for prosecuting offenses committed outside India.

The final report also included a charge under Section 120(o) of the Kerala Police Act. However, the High Court observed that this offense is non-cognizable, meaning the police cannot initiate a case without specific permission. Since the other charges were deemed unsustainable, the Kerala High Court ruled that prosecution solely under this section would not hold validity.

The case stemmed from a petition filed by Manju Warrier with the Kerala State Police Chief in 2019. The petition alleged stalking and harassment by Sreekumar Menon. Subsequently, the petition led to the registration of an FIR at the Thrissur East Police Station. 

Both film director Sreekumar Warrier and actor Manju Menon have enjoyed successful careers in the Malayalam film industry. Their collaboration on the film Odiyan, starring Mohanlal, marked Sreekumar Menon’s directorial debut. 

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Will not contest any election in future, have to stop somewhere: Sharad Pawar hints at retirement

The NCP leader said that he is not in power, and his tenure in the Rajya Sabha has one-and-a-half years left.

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Will not contest any election in future, have to stop somewhere: Sharad Pawar hints at retirement

Nationalist Congress Party (NCP) senior leader Sharad Pawar, 83, today hinted at retirement as he said he may not contest any more elections after his Rajya Sabha term ends in 18 months.

Sharad Pawar who formed the NCP in 1999 is widely regarded as the grand old man of Maharashtra politics. The veteran politician was speaking at his family stronghold of Baramati in western Maharashtra, which will see a Pawar vs Pawar contest in the November 20 Assembly election.

Addressing a rally, the NCP leader said that he is not in power, and his tenure in the Rajya Sabha has one-and-a-half years left. He continued that he will not contest any election in future, and that he will have to stop somewhere. He also thanked the voters of Baramati for making him an MP and MLA a staggering 14 times overall. Notably, a potential close of a nearly six-decade-long political career comes as the NCP and its allies – the Congress and the Uddhav Thackeray-led Shiv Sena group – contest this month’s election.

In this election, the fight for Baramati is being seen as a referendum on Sharad Pawar’s continuing influence over voters, since it sees his grandnephew, Yugendra Pawar, do battle against his nephew Ajit Pawar, whose led the rebellion last year that forced the NCP to split.

NCP leader Ajit Pawar is a five-time MLA from Baramati but, in each of his earlier wins, he had the backing of his uncle’s party. This will be the first assembly election in which he contests under his own banner.

The result of the election for the Baramati Lok Sabha seat, where the people voted overwhelmingly for Sharad Pawar’s candidate, his daughter Supriya Sule, underlines Ajit Pawar’s task at hand.

Speaking at Baramati, Sharad Pawar said that he holds no grudge against Ajit Pawar, adding that he led the people there for 30 years. However, he also said that it is time for him to prepare a young and dynamic leadership, which can take over for the next 30 years, apparently referring to Yugendra Pawar’s future position.

The veteran politician continued that he is not seeking votes, acknowledging that voters have always been magnanimous with all Pawar family members. He added that however, now they have to look ahead at the future.  

Notably, Sharad Pawar’s retirement from electoral politics has been circulating for some time now, and was raked up again in January by nephew Ajit Pawar, who had fought against and forced a split of his uncle’s party, leading the rebels into an alliance with the Bharatiya Janata Party and a faction of the Shiv Sena that had earlier broken away from Uddhav Thackeray.

At that time, Ajit Pawar hit out at Sharad Pawar for not sticking to a 2023 resolution to step down from the party’s top post. He said that some people simply refuse to retire. He continued that people should stop after reaching a certain age, but some are not ready, even after turning 80. Referring to his uncle, Ajit Pawar said that this person is not ready to retire.

Responding to this jab, Sharad Pawar said that he is neither tired nor retired, echoing late former Prime Minister Atal Bihari Vajpayee’s remarks. He questioned who they were to tell him to retire, adding that he can still work.

Last year in May, while the NCP was battling its internal crisis, Sharad Pawar announced his resignation as party boss. However, the announcement was unanimously rejected by top leaders. A few days later, he withdrew his resignation.

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