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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.

India News

LPU students protest over reported rape allegation, police call it rumour

Students at Lovely Professional University protested over a reported rape allegation involving a worker, with police describing the claim as a rumour.

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Students of Lovely Professional University (LPU) in Punjab staged a protest after an allegation involving the reported rape of a student by a worker at the university surfaced.

The protest led to disruption around the university, with students taking to the streets and blocking the Jalandhar-Phagwara National Highway, according to the report.

The allegation triggered anger among students, who demanded action over the reported incident.

Police describe rape claim as rumour

Police, however, described the rape claim as a rumour, indicating that the allegation had not been established as a confirmed incident.

The distinction is important because the reported sexual assault allegation should not be treated as a confirmed rape unless investigators or other authoritative sources establish that fact.

The protests nevertheless continued as students sought clarity and action over the issue.

Protest disrupts traffic

The student demonstration also affected traffic on the Jalandhar-Phagwara National Highway. The protest brought attention to the allegations and the concerns being raised by students at the university.

With police calling the claim a rumour, further verification and investigation would be necessary to establish what actually happened.

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INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

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Rahul-Gandhi

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise. 

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process. 

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt. 

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously. 

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting. 

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

  • Concerns surrounding the Election Commission
  • The Special Intensive Revision of electoral rolls
  • Opposition demands concerning CEC Gyanesh Kumar
  • A possible fresh removal notice against the CEC
  • A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

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“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight 

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

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Sahil Wakode

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

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