National News
Supreme Court to examine if petitions challenging sedition law should be referred to larger bench
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who were charged with sedition for wanting to recite the Hanuman Chalisa as he emphasised that the law should not be repealed, rather more clearly defined.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.
disaster
Jalgaon: Passengers jumped off the train to save their lives after rumours of fire in Pushpak Express, got hit by another train
Jalgaon, January 22: There was chaos at Paranda railway station in Jalgaon district of Maharashtra when a rumour spread that the Pushpak Express was on fire. After this rumour, the passengers on the train started jumping from the train to save their lives. Meanwhile, the Karnataka Express coming from the front crushed many people.
The Pushpak Express was going from Lucknow to Mumbai. At the same time, the Karnataka Express going from Manmad to Bhusaval was passing through the other track.
This incident happened around 5 pm. After the rumour of fire in the train, the passengers on the train were panicked and started jumping from the train to save their lives. Meanwhile, the passengers pulled the chain of the train and the train stopped.
According to the information, there was chaos after the rumour of fire in the Pushpak Express spread. The passengers pulled the chain and started jumping from the train. After this, the passengers came under the grip of the Karnataka Express coming on the other track. After getting information about the incident, railway officials have reached the spot.
It is being told that Pushpak Express was coming near Paranda railway station. When the motorman of the train applied brakes, sparks started coming out of the wheels. Meanwhile, a rumour spread among the passengers that the train has caught fire and the frightened people started jumping from the coach. It is not clear yet how many passengers have died.
Jalgaon SP said that after jumping from the train, the Karnataka Express coming from the front crushed the passengers. 8 to 10 people have died in this accident and 30 to 40 people are reported to be injured.
Crime
CJI-led SC bench fixes Jan 29 to hear suo moto RG Kar case
New Delhi, Jan 22: The Supreme Court on Wednesday fixed January 29 for hearing the matter where it has taken suo moto cognisance of the rape and murder of a junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata in August 2024.
“We will take it up at 2 pm next Wednesday (January 29),” said a bench of CJI Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan as it deferred the hearing due to paucity of time.
The CJI Khanna-led Bench asked senior advocate Karuna Nundy, representing the associations of medical professionals, to provide a copy of interlocutory applications filed to the other side.
Meanwhile, the West Bengal government has approached the Calcutta High Court, challenging the verdict of a Kolkata special court awarding life imprisonment to Sanjay Roy, the sole accused and the convict in the rape and murder case of the woman doctor.
As the matter came up for hearing on Wednesday morning before a division bench of Justices Debangshu Basak and Shabbar Rashidi, the CBI challenged the petition filed by the state government and questioned the grounds on which it could make such an appeal.
Deputy Solicitor General, Rajdeep Majumdar, argued that it was only the CBI, which is the investigating agency in the case, and the victim’s parents who could move such a plea at a higher court, and not the state government, which is not a party in the case.
To support his contention, Majumdar referred to a case filed by the CBI against former Bihar Chief Minister and Rashtriya Janata Dal Chief Lalu Prasad Yadav, where the state government’s plea was not considered by the Patna High Court.
Whether the West Bengal government’s petition will be admissible or not will be decided by the Calcutta High Court on January 27.
Earlier, West Bengal Chief Minister Mamata Banerjee announced that the Bengal government would move the Calcutta High Court challenging the quantum of the sentence and the state government would be seeking the death penalty for the convict.
“I am convinced that it is indeed a rarest of rare cases which demands capital punishment. We want to insist upon the death penalty in this most sinister and sensitive case,” the Chief Minister said.
While pronouncing the quantum of the sentence, special court judge Anirban Das said that the Central Bureau of Investigation’s (CBI) contention that Roy’s offence in the matter was “the rarest and rare crimes” was not tenable.
Hence, the judge observed that instead of the “death penalty”, Roy, an erstwhile civic volunteer attached to Kolkata Police, be sentenced to “life imprisonment”. Apart from that a fine of Rs 50,000 was also imposed on Roy.
The special court, at the same time, directed the West Bengal government to pay a compensation of Rs 17 lakh to the family of the deceased victim.
It observed that since the victim was raped and murdered at her workplace, which is a state-government entity, the West Bengal government is legally bound to pay compensation to the victim’s family.
In an earlier hearing held in November 2024, the Supreme Court had remarked that it would not pass any direction to transfer the trial of the ghastly rape and murder case outside West Bengal.
A bench, headed by then CJI D.Y. Chandrachud, turned down the oral prayer made by a lawyer seeking transfer of trial outside West Bengal.
“Yes, we have transferred cases (of gender violence) in Manipur. But we are not doing anything like that here,” it had remarked.
The apex court had noted that the trial would commence on November 11 at a special court in Kolkata after charges were framed against the “sole prime accused” in the case, Sanjay Roy.
The process of the framing of charges was completed on November 4, exactly 87 days after the body of the woman junior doctor was discovered at a seminar hall within the state-run R.G. Kar premises on the morning of August 9, 2024.
In October, the CBI filed its first charge sheet against Roy, a civic volunteer with Kolkata Police, in the alleged rape and murder case.
In the charge sheet, the CBI did not rule out the possibilities of a larger conspiracy behind the macabre crime that prompted alleged events of tampering and altering of evidence during the initial phase of the investigation which was carried out by Kolkata Police.
Besides Roy, two others arrested by the CBI officials in the matter are RG Kar Medical College and Hospital’s former Principal, Sandip Ghosh, and the former SHO of Tala Police Station, Abhijit Mondal. RG Kar comes under the jurisdiction of Tala Police Station.
The main charges against Ghosh and Mondal are for misleading the investigation when the Kolkata Police were probing the matter before it was handed over to CBI by the Calcutta High Court.
Both have been accused of tampering with evidence in the case. Taking suo moto cognisance of the rape and murder case of the junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata, the Supreme Court had termed the incident “horrific,” which raises the “systemic issue of safety of doctors across the country”.
“We are deeply concerned about the fact that there is an absence of safe conditions of work for young doctors across the country, particularly, public hospitals,” it had said.
The apex court had ordered the formation of the NTF (National Task Force) to suggest measures for the security of medical professionals across the country, observing that the safety of doctors is the “highest national concern”.
National News
Manipur CM awards commendation certificate to Assam cops for imparting training to state’s new recruits
Guwahati/Imphal, Jan 22: In a rare gesture, Manipur Chief Minister N Biren Singh has awarded a Commendation Certificate to the Assam Police Director General and eight other police officers for providing training to 1,946 police personnel of Manipur, officials said on Wednesday.
A spokesman of Assam police said that the Manipur Chief Minister has awarded the Commendation Certificates to Assam police DGP G.P. Singh, Special DGP Harmeet Singh and seven other officers in recognition of providing training to the Manipur police personnel.
The Commendation Certificate was received by Inspector General of Assam Police, Law and Order, Akhilesh Kumar Singh in Imphal at a function on the occasion of Statehood Day on Tuesday.
In all, 1,984 recruits of Manipur police took part in training at the Lachit Borphukan Police Academy (LBPA) in January last year and 1,946 recruits successfully completed their training on December 23 last year.
The Manipur Chief Minister attended the passing out parade of the newly recruited Manipur police personnel at LBPA at Dergaon in Assam’s Golaghat district on December 23.
Chief Minister Singh had said that since the situation in Manipur is not conducive, he earlier approached Assam Chief Minister Himanta Biswa Sarma to provide training to the new recruits of Manipur police personnel and Sarma immediately agreed.
“Assam and Manipur’s old relationship is once again visible,” Singh had said and appreciated the Assam Chief Minister, Assam Police DGP, Special DGP and other Assam police officers for providing training to the newly recruited Manipur police personnel.
According to officials, out of the 1,946 recruits, caste distribution is diverse with 62 per cent being non-tribal Meiteis, 12 per cent being tribal Kuki-Zo and the remaining 26 per cent belonging to Naga and other tribes. Manipur Chief Minister earlier said that given the current law and order situation in the state, the newly recruited constables would undergo specialised training.
“The specialised training is essential to enhance the strength and readiness of the police force to ensure safety and security across Manipur. We are committed to equipping our police personnel with the best facilities and training to meet any challenges effectively,” Singh had said.
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