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Supreme Court puts sedition law on hold, no new FIRs to be lodged till review is complete

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The Supreme Court on Wednesday urged the Centre and state governments to refrain from registering any FIRs invoking sedition provision, Section 124A of the Indian Penal Code, till review of the law by the Centre is complete.

A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli said till the review of the sedition provision by the Centre is complete, the governments should not use the sedition provision.

In an interim order, the bench said no new FIRs should be lodged under the sedition provision and those already in jail can approach courts for relief.

The Centre proposed issuing an advisory to the state governments that only a police officer of the rank of Superintendent of Police (SP) — who may record in writing the reasons for a case involving sedition provision (Section 124A of the Indian Penal Code) — as it cannot prevent police from registering a cognizable offence under sedition provision.

Solicitor General Tushar Mehta, representing the Centre, submitted that the government proposes that a police officer of the level of SP or above should decide, for now, on whether a sedition charge should be filed in future FIRs. He added that as the government reviews the sedition law, pending sedition cases can be reviewed, and the courts can decide on the bail application of those under Section 124A IPC, expeditiously.

Senior advocate Kapil Sibal, representing one of the petitioners, contended that Section 124A has become prima facie unconstitutional and the apex court must stay application of the sedition provision, till the Centre reviews the provision.

Mehta submitted that as far as pending cases are concerned, gravity of each case is not known, maybe there is a terror angle, and also the pending cases are before judicial forum. “We need to trust the courts,” he added.

Justice Kant told Sibal, “What is this argument…Can it be struck down today?” The bench added that it is looking for an answer who can be an impartial authority, in the view of Centre’s proposal, and asked Sibal what an arrangement in the interregnum can be done.

On Tuesday, the top court had sought the Centre’s response on pending and future cases registered under the sedition law.

The Ministry of Home Affairs in its affidavit said the Prime Minister of India has been cognizant of various views expressed on the subject and has also periodically, in various forums, expressed his clear and unequivocal views in favour of protection of civil liberties, respect for human rights and giving to the constitutionally cherished freedoms to the people of the country.

The home ministry added that the Prime Minister has repeatedly said that one of India’s strengths is the diverse thought streams that beautifully flourish in the country. The ministry said the Prime Minister believes that at a time when the nation is marking Azadi Ka Amrit Mahotsav (75 years of Independence), as a nation it is essential to work harder to shed colonial baggage that passed its utility, which includes outdated colonial laws and practices.

“The Government of India, being fully cognizant of various views being expressed on the subject of sedition and also having considered the concerns of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this nation, has decided to re-examine and re-consider the provisions of Section 124A of the Indian Penal Code, which can only be done before the competent forum,” said the affidavit.

Maharashtra

Kashmir Pahalgam attack victims return by special plane; CM Devendra Fadnavis condemns terrorist attacks

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Mumbai: After the Kashmir Pahalgam terrorist attack, the process of bringing tourists from Kashmir to Maharashtra and Mumbai by special aircraft has been started. The victims will be brought back by a special IndiGo plane and the government will bear the entire expenses, this was informed by Maharashtra Chief Minister Devendra Fadnavis. He said that tourists have been targeted in Pahalgam and it is very sad that they were targeted by asking about their religion. It is too little to condemn. He said that contact with the victims is ongoing and help is also being provided through social media and SMS. In addition, the victims trapped in Pahalgam will be brought to Mumbai as soon as possible. The bodies of the victims of the terrorist attack in Pahalgam have been brought to Mumbai and Pune airports. Along with this, I hope that the Prime Minister will find the mastermind of this terrorist attack and teach him a lesson.

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Maharashtra

Pahalgam Terror Attack Mumbai Police Alert, Controversial post goes viral on social media, police eye on communal elements

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Mumbai: After the Pahalgam terrorist attacks, Mumbai is also on high alert. Special security arrangements have been made in Mumbai city. Security has been tightened at important places and installations and religious places. Orders have also been issued to all zonal DCPs and senior police inspectors to remain alert, along with increased patrolling of patrolling squads. Mumbai Police is fully prepared and alert to maintain law and order in Mumbai city. A watch is also being kept on miscreants. Apart from this, all senior officers have also been ordered to remain alert and keep a watch on their constituencies, Mumbai Police Commissioner Vivek Pansalkar has said.

Muslims have also condemned the Pahalgam terrorist attacks, along with this, this cowardly attack is also being called a failure of intelligence because at the time when the terrorists carried out this attack, there was no security force or personnel present. This is the biggest terrorist attack in Pahalgam after the abrogation of Article 370, so Mumbai Police is also on alert after the Pahalgam attack. In addition, an alert has been issued across Maharashtra. The police are reviewing the situation at the district level. Along with Mumbai Police, Maharashtra Police has also started monitoring social media after this attack.

Controversial posts are also being made public regarding the attack and an attempt has been made to target a section on social media over this attack and the process of creating a hateful atmosphere has been prolonged. Social media is also being monitored in Mumbai city, along with this, social media is also taking action on such controversial posts. In the same context as the terrorists targeted a specific community in Pahalgam and killed them by asking about their religion, attempts to create a hateful atmosphere on social media have become common. Communal elements are trying to link this attack to a specific community and the religion of Islam, and the Mumbai Police and agencies are also keeping an eye on the communalists.

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Maharashtra

Mumbai: Two arrested for drug trafficking worth over Rs 10 crore

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Mumbai: Mumbai Police claims to have seized drugs worth Rs 10 crore. The ATC team of Mumbai Police’s Chuna Bhatti Police has arrested a suspect, identified as Rahim Majeed Sheikh, 30, of Dongri Link Road, Gujarat. He was arrested for selling one kilogram 907 grams of hashish, estimated to be worth Rs 19 million, in Mumbai. He was about to come to sell it in Mumbai city. He has been arrested and a case has been registered against him under the NDPS Act. In this case, the police conducted a raid in Gujarat’s Valsad and arrested Nitin Shantilal Tandel. 8 kilograms 164 grams of Afghan hashish, estimated to be worth Rs 8 crore, total value Rs 10 crore 56 thousand, was recovered from his possession. It is said that the two accused have been arrested and their investigation is underway. This operation was carried out by Mumbai Police Commissioner Vivek Pansalkar, Special Commissioner Devin Bharti, Joint Police Commissioner Satyanarayan Chaudhary, Additional Commissioner Dr. Mahesh Patil and Senior Inspector Nisha Jadhav under the leadership of DCP Nunath Dhole. Both the accused belong to Gujarat and both of them used to bring Afghan and high-quality hashish to sell in Mumbai.

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