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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who were charged with sedition for wanting to recite the Hanuman Chalisa as he emphasised that the law should not be repealed, rather more clearly defined.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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Ugly Fight Breaks Out Between 2 Groups Of Women As They Hit Each Other With Sticks Over Playing Music In UP’s Baghpat

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A dispute over a seemingly trivial matter escalated into a chaotic clash between two groups of women in Uttar Pradesh’s Doghat on Thursday. 

As per reports, the altercation began over playing music but tensions in the area quickly intensified when two groups of women started thrashing each other with sticks and other objects. 

A video of the incident, which has gone viral on social media, shows around eight to ten women involved in a fierce brawl on a busy street. Bystanders can be seen watching in shock, with some attempting to intervene but retreating due to the intensity of the fight.

Several women were injured in the confrontation, and the footage has sparked outrage on social media. 

Reports suggest that local residents eventually managed to de-escalate the situation, but not before multiple women sustained injuries. 

Doghat police have initiated an investigation based on the video. As per reports, they are currently examining the video footage, and appropriate action will be taken following the investigation.

UP: Two burnt alive in truck collision in Fatehpur

Meanwhile, in a separate incident, a truck driver and his helper were burnt alive when two trucks collided and caught fire in the Hussainganj area of Uttar Pradesh’s Fatehpur district, police said on Thursday.

The incident occurred around midnight on Wednesday on the Fatehpur-Lucknow road, Additional SP Vijay Shankar Mishra said.

Vinay Shukla (35), the driver of one of the trucks, and his helper, Ramraj Yadav (23), were burnt alive in the blaze. The occupants of the other truck managed to jump out before the fire spread, Mishra added.

Both victims were residents of Kherwa village in the Shivratanganj police station area of Amethi district. Their bodies have been sent for postmortem, Mishra said.

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National News

J&K Assembly: Scuffle Breaks Out After Engineer Rashid’s Brother Shows Article 370 Banner In House

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J&K Assembly: Scuffle Breaks Out After Engineer Rashid's Brother Shows Article 370 Banner In House

Srinagar: The proceedings of the Jammu and Kashmir Assembly were disrupted after a scuffle broke out in the House between National Conference and BJP MLAs.

According to reports, the House proceedings were briefly adjourned after Engineer Rashid’s brother, MLA Khurshid Ahmad Sheikh, displayed a banner about Article 370, which led to objections from BJP MLA Sunil Sharma.

Irfan Hafeez Lone displayed a banner on the restoration of Article 370 in the J&K Assembly. After a scuffle between Lone and BJP members, the House proceedings were adjourned for 15 minutes. BJP raised concerns over security, questioning how such actions were allowed.

Leader of the Opposition, Sunil Sharma, stated that under special status, some had built their own “palaces” and even cemeteries. This provoked anger from National Conference (NC) leaders. BJP members began chanting slogans in the House, while NC leaders also responded with their own slogans. The visuals of the incident have surfaced on the internet.

In the viral video, the lawmakers can be seen pushing each other on the floor of the house.

After the House resumed following the scuffle, several opposition MLAs causing disruption were physically removed by marshals and evicted from the Assembly.

Meanwhile, PDP moves a fresh resolution in the Jammu and Kashmir Assembly seeking the restoration of Articles 370 and 35A. The BJP opposed the resolution demanding its withdrawal.

Amid uproar, the Jammu and Kashmir assembly has been adjourned till Friday. The UT assembly on Wednesday passed a resolution seeking a dialogue for “restoration of special status and constitutional guarantees” to the Jammu and Kashmir. The resolution was supported by all parties except the BJP.

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J&K: One Terrorist Killed During Encounter In Bandipora’s Kaitsan, Operation Underway

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Bandipora (Jammu and Kashmir): Security forces have eliminated one terrorist in the ongoing Operation Kaitsan in Bandipora, the Army officials said on Wednesday.

According to Army officials, further operation is in progress.

“OP Kaitsan, Bandipora. One terrorist has been eliminated by the security forces in the ongoing Operation. Operation is in progress,” Indian Army’s Chinar Corps said on X.

Earlier on Tuesday, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora after an encounter broke out between Security Forces and terrorists.

“Based on specific intelligence input regarding the presence of terrorists in the general area of Kaitsan forest, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora. Contact was established and a firefight ensued. Operation is in progress,” Chinar Corps, Indian Army said on X.

One Terrorist Associate Apprehended

In another development on Tuesday, Jammu and Kashmir police along with 22RR and 92 BN of the Central Reserve Police Force (CRPF) apprehended one terrorist associate identified as Ashiq Hussain Wani who is a resident of Tujar Shareef in J-K’s Sopore, said police.

On November 3, twelve people, including one woman, were injured in a grenade attack at the Tourist Reception Centre (TRC) and weekly market in Jammu and Kashmir’s Srinagar on Sunday, police said.

On November 2, two terrorists were killed by security forces during an encounter in Jammu and Kashmir’s Anantnag district. The encounter broke out after security forces initiated an anti-terrorist operation in the Halkan Gali area.

On October 29, the security forces neutralised three terrorists in a high-stakes encounter in Akhnoor, Jammu, and Kashmir, following an attack on an Army convoy.

On October 20, a doctor and six construction workers were killed when terrorists attacked a tunnel construction site on the Srinagar-Leh national highway in the Ganderbal district.

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