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who were charged with sedition for wanting to recite the Hanuman Chalisa as he emphasised that the law should not be repealed, rather more clearly defined.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

Crime

Thane: Crime Branch Arrests Repeat Offender With Cache Of Illegal Arms In Kalyan; Political Links Under Scanner

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Kalyan: In a major pre-election crackdown, the Kalyan Crime Branch has arrested a habitual offender involved in the sale of illegal firearms and sharp weapons. The operation, executed with precision amid heightened security concerns during the election season, has exposed a troubling link between criminal activities and suspected political backing.

According to officials, the Crime Branch arrested Roshan Jha, a repeat offender with multiple criminal cases registered in Ulhasnagar. Acting on specific intelligence received by Assistant Police Sub-Inspector Dattaram Bhosale, officers were alerted that a man was attempting to sell country-made pistols and other dangerous weapons in the Dombivli area.

Following the tip-off, a team led by Police Officer Sarjerao Patil laid a strategic trap at Gokuldham Tower in Desale Pada, Dombivli (East), where the accused was believed to be residing. Upon raiding his residence, police recovered a significant cache of weapons.

Weapons Recovered During Raid
The seized items include:

Three country-made pistols

Three live cartridges

Two magazines

One dagger

Two knives

Two swords

Officials confirmed that Jha was taken into custody immediately after the recovery. Preliminary investigations reveal that he has seven serious cases registered across multiple police stations in Ulhasnagar, further reinforcing his reputation as a hardened criminal.

What has raised additional concern is emerging information suggesting the accused may have been receiving political patronage. Sources indicate that certain local political figures could be providing protection to Jha a possibility police have not ruled out. Senior officers have initiated a detailed probe to determine the extent of any political involvement.

The Crime Branch is now intensifying its investigation to trace the source of the arms and identify prospective buyers. Key questions under scrutiny include whether the weapons were intended to influence or disrupt the upcoming elections.

A senior officer stated that the crackdown is part of a broader effort to maintain law and order during the election period. “We will not hesitate to act against anyone involved, irrespective of their political connections,” the official said.

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National News

Mumbai CNG: Mahanagar Gas Supply Restoration Expected Tomorrow By Noon; All Details Here

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Mumbai: Mahanagar Gas Limited’s (MGL) on November 17 informed that the gas supply restoration is expected by noon tomorrow i.e. November 18 as the rectification work is in progress. This statement by the Mahanagar Gas came after the Gas supply across parts of Mumbai, Thane and Navi Mumbai on Sunday was disrupted.

The disruption came after third-party damage to GAIL’s main gas pipeline inside the Rashtriya Chemicals and Fertilizers (RCF) compound affected the flow of gas to Mahanagar Gas Limited’s (MGL) City Gate Station (CGS) at Wadala.

The MGL also informed that out of the total 389 CNG stations, 225 CNG stations are operating.

After Sunday, the city woke up to severe commute disruption on Monday too due to widespread CNG supply shortage left several fuel pumps across the city non-operational or functioning with limited output.

The unexpected outage resulted in a sharp drop in the availability of autos, kaali-peeli taxis and app-based cabs, pushing commuters into long waits, inflated fares and overcrowded public-transport alternatives like trains and metros during peak office and school hours.  

Mumbai has 130 to 140 CNG pumps, including MGL’s own facilities.

Many CNG pumps in the city have been non-functional since morning due to low gas supply pressure, Petrol Dealers Association (Mumbai) president Chetan Modi told Media. He said when he spoke to MGL officials some time back, he was informed that work for the resumption of normal CNG supply was going on a war footing and might take the whole day for full restoration of the damaged pipeline at RCF.

Anil Garg, leader of a school bus operator’s body, also said their operations were hit due to the CNG shortage. “Many school buses in the Mumbai Metropolitan Region are facing problems in getting CNG,” Garg said, adding that they have been forced to combine the school bus routes.

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Thane: Garbage Piles Up In Kalwa–Mumbra; Protesters Dump Waste At TMC Headquarters, Warn Of Bigger Agitation

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Thane, Nov 17: The garbage from the Kalwa, Mumbra areas has not been picked up for the last four days. As a result, piles of garbage have started accumulating in Kalwa and Mumbra. Residence as well as commuters are suffering due to this issue. Residents have filed written complaints several times, yet TMC is treating Kalwa and Mumbra stepmotherly.

As the municipal administration is not taking any action on it, a garbage dumper was emptied in front of the Thane Municipal Corporation headquarters under the leadership of Abhijit Pawar, District President of the NCP (Sharadchandra Pawar) Youth Congress party. Abhijit Pawar warned at this time that if the garbage problem is not resolved immediately, they will dump garbage in front of the Commissioner’s bungalow in the future.

Stating the reason that there is no dumping ground, the contractors are not picking up the garbage. As a result, garbage has started accumulating in various parts of Kalwa. Garbage is collecting outside many societies.

This raw garbage was brought in a dumper under the leadership of Abhijit Pawar by Pooja Shinde-Vichare, Kailas Hawle, and Raju Shinde and dumped in front of the municipal headquarters. This caused a stir in the municipal area.

Meanwhile, regarding this, Abhijit Pawar gave a warning that the functioning of the municipality, which takes taxes from the public but does not provide them with facilities, has gone to waste. Today, garbage has only been dumped at the municipal gate.

But, if this garbage is not picked up within a day, garbage will be dumped in the office of every officer in the municipality, in front of the houses of the concerned officers, and in front of the commissioner’s bungalow.

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