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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who were charged with sedition for wanting to recite the Hanuman Chalisa as he emphasised that the law should not be repealed, rather more clearly defined.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.

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Updated salary portal of Bengal govt schools continues showing names of 25,753 job losers

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Kolkata, April 10: The salary portal for the teaching and non-teaching staff in West Bengal Government schools continues to show on the payrolls the names of the 25,753 staff members whose jobs were terminated following an order by a Division Bench of the Supreme Court last week.

The current payroll list on the portal, which is updated between the first and 10th day of each month, remains the same as last month.

The individual school authorities have no role to play either in the addition or deletion of names from the portal, explained a headmaster of a state-run school in South 24 Parganas district.

“The authority of individual school management in the matter is just restricted to giving inputs on the portal on any change in the Provident Fund or Income Tax structure of any teaching or non-teaching staff attached to the school concerned.

“The individual school authorities are yet to receive any notification from the West Bengal School Service Commission regarding the fate of the staff attached to the respective schools whose jobs have been terminated following the apex court’s order,” confirmed the headmaster on strict condition of anonymity.

One reason why the payroll list in the said portal has remained unchanged could be that the West Bengal Board of Secondary Education (WBBSE), had earlier this week, approached the Supreme Court seeking a modification to the April 3 order by the apex court’s Division Bench.

The Division Bench of the Chief Justice of India (CJI), Sanjiv Khanna and Justice Sanjay Kumar, upheld an earlier order by the Calcutta High Court’s Division Bench of Justice Debangsu Basak and Justice Shabbar Rashidi last year, cancelling a total of 25,753 appointments made by the WBSSC.

In the petition, the WBBSE has made an appeal that till the time the fresh recruitment process, as directed by the court last week is completed, those candidates who have been identified as “genuine” should be allowed to work.

However, despite the payroll list in the portal remaining unchanged as of now, there is confusion among the job losers on two counts.

The first point of concern is whether the name continuing in the portal will ultimately end in credit of the current month’s salary to their respective bank accounts on the month-end.

The second confusion is that even if the current month’s salary is credited, how long would that continue for, because if the West Bengal government continues to pay salaries to the job losers it will tantamount to violation of the apex court order and hence contempt of court.

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Tahawwur Rana to be interrogated by high-level NIA team amid tight security

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New Delhi, April 10: A high-level interrogation team of the National Investigation Agency (NIA) will question Tahawwur Rana, the key accused in the 26/11 Mumbai terror attacks, soon after his arrival in India, sources said on Thursday.

The team will comprise two Inspector Generals (IG), one Deputy Inspector General (DIG), and one Superintendent of Police (SP). The sources said that Intelligence Agency officials would also question him.

In view of the sensitivity surrounding the case, Delhi Police’s elite SWAT unit has been deployed to ensure the secure movement of National Investigation Agency (NIA) officials.

Additionally, the Special Cell of Delhi Police has been placed on high alert, while SWAT commandos have been stationed at the airport to manage security.

As part of the elaborate security arrangements, the responsibility of maintaining the outer security cordon has been entrusted to the Central Armed Police Forces (CAPF) and local police teams.

Sources confirmed that all necessary steps have been taken to ensure safe transit and custody of the high-profile terror suspect. Security has also been increased at the NIA headquarters in the national capital.

The 64-year-old Pakistan-born Canadian national is being extradited from the US after a prolonged legal battle. A special chartered flight carrying him departed from the US on April 9 and is expected to land in Delhi any time. Upon his arrival, Rana will be formally arrested by the NIA and is likely to be produced in a Delhi court shortly after.

According to sources, Rana is expected to be lodged in a high-security ward in Tihar Jail. Authorities have already made extensive preparations to hold him securely within the prison complex.

Rana, a close associate of David Coleman Headley alias Dawood Gilani — the main conspirator in the 2008 Mumbai attacks — has been charged under multiple sections of the Indian Penal Code, including criminal conspiracy, waging war against the Government of India, murder, and forgery, along with charges under the Unlawful Activities (Prevention) Act (UAPA).

Despite the progress, Mumbai Police are yet to receive formal notification regarding his transfer to the city for trial proceedings. Rana is also suspected of having close ties with Pakistan’s Inter-Services Intelligence (ISI) and the banned terrorist organisation Lashkar-e-Taiba, which was responsible for orchestrating the attacks that claimed 166 lives.

The joint operation to extradite Rana has been coordinated between the NIA and the Research and Analysis Wing (RAW), marking a critical moment in India’s ongoing efforts to bring the masterminds of the 26/11 attacks to justice.

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Centre appoints special public prosecutor for 26/11 Mumbai terror attack case

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New Delhi, April 10: The Central government has appointed Advocate Narendra Mann as the Special Public Prosecutor for the 26/11 Mumbai terror attack case hearing.

The Ministry of Home Affairs issued a gazette notification on Wednesday in this regard.

The notification, which is signed by Joint Secretary Adhijit Sinha, says that Mann has been appointed for a period of three years or till the completion of the trial of the said case, whichever is earlier,

“In exercise of the powers conferred by sub-section (1) of section 15 of the National Investigation Agency Act, 2008 (34 of 2008), read with sub-section (8) of section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Central Government hereby appoints Narender Mann, Advocate, as Special Public Prosecutor for conducting trial and other matters related to NIA case RC-04/2009/NIA/DLI on behalf of the NIA before the NIA Special Courts at Delhi and Appellate Courts, for a period of three years from the date of publication of this notification or till the completion of trial of the said case, whichever is earlier,” the notification states.

The development comes as the Mumbai terror attack case accused, Tahawwur Hussain Rana, who is also said to be one of the masterminds, lands in India.

Rana, 64, was extradited from the US nearly 16 years after his arrest for his role in the 26/11 Mumbai terror attacks.

As per sources, he will land in Delhi and is likely to be lodged in a high-security ward in Tihar jail.

All necessary preparations for holding the terrorist have already been made in the jail, sources said.

Sources said that on Wednesday evening, the Nayayik Abhiraksha Vahini of Delhi Police, which ferries jail inmates, was asked by the National Investigation Agency (NIA) to send a jail van, along with pilot escorts, to the airport on Thursday.

The sources also said that the Delhi Police Special Cell has been placed on alert, and SWAT commandos have been deployed at the airport. Security has also been beefed up at the NIA headquarters in the national capital.

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