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Supreme Court to examine if petitions challenging sedition law should be referred to larger bench

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The Supreme Court on Thursday gave last opportunity to Centre to file its response on petitions challenging the sedition law, and also agreed to hear arguments on whether the case should be referred to a larger bench.

At the outset, Solicitor General Tushar Mehta, representing the Centre, submitted before a bench, headed by Chief Justice N.V. Ramana, that a draft is ready in the case and it is awaiting approval from competent authority, and sought an extension to file the counter affidavit.

As the Chief Justice told Mehta that 9 or 10 months ago, notice was issued on the petitions, and asked him to argue without the counter-affidavit, Mehta mentioned that fresh matters have been filed in the case and requested the court to grant more time — given the nature of the matter and its repercussions.

At this the bench, also comprising Justices Surya Kant and Hima Kohli, said: “It is a question of law and we are sure you can assist us in the matter. What is the issue?”

However, Attorney General K.K. Venugopal said he is ready to argue the matter.

He said the sedition law is valid, in view of the Kedar Nath Singh case judgement (1962), which balanced freedom of speech and security of state.

Urging the top court to lay down guidelines to prevent misuse of the law, he said: “Misuse (of the sedition law) is controlled… the question of reference (of Kedar Nath Singh case to a larger bench) does not arise.”

The Supreme Court in the Kedar Nath Singh case clarified that only those acts, which involved incitement to violence or violence, constituted a seditious act under Section 124 A of the IPC.

The AG, who is assisting the court in personal capacity, said: “You’ve seen what’s happening in the country…someone was detained as they wanted to recite Hanuman Chalisa, they’ve been released on bail…the single most important thing is what is permissible and what is not permissible… this is very important.”

The AG was referring to the case of the Rana couple in Mumbai, who were charged with sedition for wanting to recite the Hanuman Chalisa as he emphasised that the law should not be repealed, rather more clearly defined.

Senior advocate Kapil Sibal, representing one of the petitioners, submitted that the three-judge bench can consider the matter, instead of referring to a larger bench.

“Colonial masters do not control us anymore. We own our own destiny… no longer subjects of the crown,” he said, adding that the three-judge bench can go into the issue ignoring Kedar Nath.

As Sibal added that his client’s petition did not seek reconsideration of Kedar Nath, the bench, however, pointed out that other petitioners sought the reconsideration of the verdict.

Sibal elaborated that Kedar Nath judgment had confused between the state government and the Centre, and quoted what Mahatma Gandhi said about sedition offence – “It is my right to create disaffection against the government”. The AG countered that they have to show what is wrong with the Kedar Nath judgment, and added that the issue is not with the law, but with its misuse and abuse.

Venugopal argued that individual cases can be examined, where the law was implemented in a bad way, and opposed referring the petitions against sedition law to a larger bench. “Law which is fair and valid but is implemented in an unfair and abusive manner will not make the law unconstitutional…” he said. Sibal said many changes had taken place since the Kedar Nath Singh judgment.

After hearing arguments, the bench sought written submissions from the Centre and petitioners and scheduled the matter for hearing on question of reference to a larger bench on Tuesday.

Giving the last opportunity to Mehta to file a written response on the petitions by Monday, the bench said it will not give any further extension.

The top court was hearing petitions filed by Major General S.G. Vombatkere (retd) and the Editors Guild of India and others, challenging the constitutional validity of Section 124A which carries a maximum penalty of life imprisonment.

Vombatkere’s plea argued that a statute criminalising expression based on unconstitutionally vague definitions of ‘disaffection towards government’, etc., is an unreasonable restriction on the fundamental right to free expression guaranteed under Article 19(1)(a) and causes constitutionally impermissible ‘chilling effect’ on the speech.

National News

‘Gau Mata Should Be Removed From Animal Category,’ Demands Jyotirmath’s Shankaracharya Swami Avimukteshwaranand

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Jabalpur (Madhya Pradesh): Jyotirmath’s Shankaracharya Swami Avimukteshwaranand Saraswati Maharaj said that Cows should be removed from the animal category and given a special status.

“Cow is not a mere animal. We all worship Gau Mata. It’s our mother,” said Saraswati Maharaj justified, urging the government to grant them a special status.

Speaking to the media he said, “When we say ‘Gau Mata,’ we already confirm that a cow is not just an animal but our mother. The central and state governments have included the cows in the list of animals. Therefore, we want them to show respect towards them and declare them as our mothers. ”

Maharaj will tour to bring attention to demands

He also reiterated his demand for strict laws for the protection of ‘Gau Mata’ in the country. 

Shankaracharya Avimukteshwaranand Maharaj appealed to both the central and state governments to take strong steps to ensure the safety of cows. The Shankaracharya also demanded that criminal cases be filed against those involved in cow slaughter and or any misconduct with them.

To bring more attention to the issue, Maharaj announced a nationwide tour dedicated to the cause of cow protection. The tour will begin from Ayodhya, where he will raise awareness about the importance of cows in every state. During this journey, he will call for cows to be declared the “Mother of the Nation.”

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National News

Shivdeep Lande: Bihar’s Singham IPS Shivdeep Lande resigns from police service, because in bouquet, what to do next?

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Patna: Marathmole IPS officer Shivdeep Lande popularly known as Singham of Bihar has resigned from the police service. Shivdeep Lande gave information about this by sharing a post on social media. In this post, Shivdeep Lande said, “My dear Bihar, I am now resigning from my post after 18 years of service through government posts. Throughout my tenure, I have considered the state of Bihar above myself and above my family. I am sorry if I have missed anything during my service. I have resigned from Indian Police Service. However, I will stay in Bihar. Shivdeep Lande has mentioned in his Facebook post that Bihar will be my Karmabhoomi from now on.

Shivdeep Lande, a 2006 batch IPS officer, was currently a Superintendent in the Bihar Special Task Force. He is well known in Bihar for his fearless work style. Chief Minister Nitish Kumar also expressed regret when Shivdeep Lande was transferred to Maharashtra for some time. Bihar Chief Minister Nitish Kumar did not want to release Lande. However, Singham Shivdeep Lande was allowed to return to Swagrihi i.e. Maharashtra.

Who is Shivdeep Lande?
Shivdeep Lande, 40, is a 2006 batch IPS officer. Shivdeep has graduated in Electrical Engineering. Shivdeep was born on 29 August 1976 at Badsingi in Buldana district. The house situation is very bad. Shivdeep has an elder sister and a younger brother. Shivdeep’s primary education was done in Zilla Parishad School. He then graduated from Amravati University through government quota in Electronic Engineering. After this, Shivdeep directly reached Mumbai for his job. He worked as a lecturer in engineering college in many colleges in Mumbai. But the desire to do something for the society did not allow him to sit still. So he prepared for UPSC. Shivdeep Lande, who passed UPSC, wanted to become a collector. But due to not getting rank, he had to accept IPS.

First posting
Shivdeep Lande was posted as Superintendent of Police in Jamalpur near Munger, Bihar. This area was known as Naxal infested. This area was known as the area of ​​Naxalites who were firing on the police. It is here that Superintendent of Police Surendra Babu was killed by Naxalites in 2005. So the police were afraid to go to this place. But in the very first appointment, Shivdeep made an impression on his work and won the trust of the locals. Every week they visit the area and meet the locals. So he got the support of the locals. It resulted in a reduction in crime. Shivdeep ended crime in Bihar by carrying out many striking operations. Political pressure was put on them to stop the strike action. He was also transferred. However, Bihari people had come to the streets against Shivdeep’s transfer.

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Crime

Tripura: Police Seize 44 Kg Of Drugs Worth Rs 2.52 Lakh At Agartala Railway Station

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Agartala (Tripura): Agartala Government Railway (GRP) Police seized 44 kg of drugs worth Rs 2.52 lakhs at Agartala Railway Station, railway police said on Tuesday.

About The Seizure

Acting on a tip-off, police on Tuesday conducted a search near the 13th rail track on the Agartala to Jirania route, near Agartala Railway Station. During the operation, authorities recovered 44 kg of dried cannabis from bushes alongside the tracks. The narcotics were allegedly being smuggled out of the state via train.

According to the police, the seized cannabis has an estimated market value of approximately Rs 2.52 lakhs. The Agartala GRP (Government Railway Police) station has launched an investigation to identify the individuals responsible for this illegal consignment. Further action will be taken based on the findings of the investigation.

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