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who were charged with sedition for wanting to recite the Hanuman Chalisa as he emphasised that the law should not be repealed, rather more clearly defined.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.
Crime
SP leader Azam Khan sent to 14 days of judicial custody in money laundering case

Samajwadi Party (SP) leader Mohammad Azam Khan was on Sunday sent to 14 days of judicial custody a day after being arrested by the Enforcement Directorate (ED) in connection with a Jauhar University-linked money laundering case.
The order was passed by the Ghaziabad MP-MLA Court, which directed that Khan will remain in judicial custody until November 13.
Speaking to reporters, the SP leaders’ lawyer, Danish Ali, said: “Today, Azam Khan has been remanded to judicial custody. We argued that since this is a 2019 case, the authorities could have taken action through a B-Warrant when he was already in custody. There has also been a violation of Section 19.”
“The ED has sought his custody to further interrogate him,” he added.
The Samajwadi Party leader’s arrest by the ED on Saturday came close to the provisional attachment of land and buildings belonging to Mohammad Ali Jauhar University in Uttar Pradesh’s Rampur district, valued at Rs 426.46 crore, in connection with the money laundering probe involving the Maulana Mohammad Ali Jauhar Trust, Azam Khan, and others.
The fresh trouble for Azam Khan came in the backdrop of a short-lived relief offered to him and his son Abdullah Khan by the Allahabad High Court, which suspended their sentence in the dual PAN card case and also granted them bail on Thursday.
In the money laundering case, the ED attached assets of the University that have a current estimated market value of around Rs 1,170 crore.
The university campus, located at Jauhar Nagar in Rampur’s Singhankhera village, is owned by the Maulana Mohammad Ali Jauhar Trust, which was founded and is controlled by Azam Khan, who also serves as the institution’s honorary Chancellor, said the ED.
The investigation stems from 26 FIRs registered at Azeem Nagar police station in Rampur, alleging that agricultural land belonging to farmers was forcibly acquired for the university.
The ED said enquiries by the district administration also found that nearly 34 acres of enemy property at Singhankhera village had allegedly been occupied for the university despite the cancellation of the land lease. The land has since been recovered by the Custodian of Enemy Property through the district administration.
National News
Congress wishes to run democracy according to the law of Gandhi family, says BJP chief Nitin Nabin

Bharatiya Janata Party (BJP) President Nitin Nabin on Sunday accused the Congress of wanting to run democracy “according to the law of the Gandhi family”, as he called it out for undertaking a protest rally in the national capital, instead of apologising to the Sikhs for the 1984 riots.
Nabin’s remarks came at the BJP’s ”Loktantra Bachao, Arajakta Hatao’ rally in Haryana’s Rohtak. He was referring to the INDIA bloc’s ‘Dilli Chalo’ rally, currently underway at the national capital’s Ramlila Maidan.
Addressing the gathering, the BJP chief claimed that an atmosphere of chaos and instability is being “deliberately spread” throughout the nation and accused the Leader of the Opposition in the Lok Sabha, Rahul Gandhi, of acting at the behest of foreign powers and “serving as a tool for their agendas”.
“He (Gandhi) seeks to challenge our nation’s democracy based on the directives of these foreign entities…Their associates, members of the Communist Party and certain Congress leaders, talk about ‘regime change’. But this government is formed by the mandate of the people; no one can even lay a finger on it,” Nabin asserted.
He said that the Congress ought to have sought “atonement” for the “massacre” of the Sikhs and should have offered an apology.
“Yet, today, they have taken to the streets to protest. I ask, on behalf of the people in this democracy, Rahul Gandhi, when our Sikh brothers were being slaughtered, when a full-scale massacre was unfolding, your father (Rajiv Gandhi) remarked that ‘when a big tree falls, the earth shakes.’ Because of that (statement), the lives of so many of our Sikh brothers were lost. You should have felt remorse for this; you should have apologised, but instead you are carrying out protests,” he remarked.
According to the BJP chief, the Congress is “frustrated” and “blaming” Constitutional institutions since the party did not receive the people’s mandate to govern.
“If Congress leaders had the courage, they would first end Rahul Gandhi’s dynastic rule within the party and establish democracy in the Congress; instead the party leaders believe that even the country’s law should be made according to Rahul Gandhi and his family,” he alleged.
Referring to the Allahabad High Court’s 1975 decision to set aside then-Prime Minister Indira Gandhi’s election for misusing government machinery and barring her from contesting elections for six years, Nabin said: “This is the Congress’ legacy of stealing votes and disrespecting the people’s mandate.”
He also addressed the Opposition’s claims that 13 crore votes have been deleted, saying: “Any worker from our party, the NDA, or even one of our local unit Presidents can provide a detailed account for every single one of those 13 crore deleted votes.”
Accusing the Opposition of fighting to “protect” infiltrators, Nabin said: “I declare that as long as the workers of the BJP and the NDA are here, they will ensure these infiltrators are driven out of the country. Under no circumstances will these infiltrators be granted any rights.”
“It has become clear that you wish to run the democracy according to the ‘law’ of the Gandhi family. But a democracy must be governed by the nation’s Constitution, which is worshipped by Prime Minister Narendra Modi. PM Modi has always upheld the democracy of this nation,” the BJP chief stated.
Crime
PGIMER Director visits six-year-old girl injured in Panchkula school incident, entire treatment to be provided free

Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, Director Professor Vivek Lal visited the six-year-old girl undergoing treatment there, following an alleged assault at a school in Panchkula on October 28.
During his visit, Professor Lal interacted with the treating doctors and enquired about the child’s health, medical condition and progress. He expressed deep concern over the unfortunate incident and assured the family that the institute would extend every possible assistance to ensure the child’s recovery.
Taking a special humanitarian initiative, the PGIMER Director ordered that the girl’s entire medical treatment be provided free of cost, with all expenses to be borne by the institute. In addition to covering all medical expenses, PGIMER has also provided her with a private room to ensure comfort, privacy, and appropriate care during her hospital stay.
Professor Lal said that the responsibility of PGIMER goes beyond providing medical treatment and includes standing alongside patients and their families during difficult times.
He emphasised that the institute is committed to ensuring the best possible medical care and all necessary support for the young patient and her family.
The six-year-old girl was brought to PGIMER with critical injuries after an alleged assault by an eight-year-old boy inside her classroom at a school in Panchkula on October 28. She was subsequently referred to the premier medical institute in Chandigarh for specialised treatment.
At present, the child is being treated by a multidisciplinary team of specialists, who are closely monitoring her condition and providing all necessary medical attention.
Following the Director’s visit, the institute has assured the family of continued medical and institutional support throughout the child’s treatment. According to officials, the Director will personally monitor the treatment and other care being given to the child.
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