SC refuses to interfere with arrest of five activists

Agencies

September 28, 2018

New Delhi, Sept 28: The Supreme Court on Friday refused to interfere with the arrest of five rights activists by the Maharashtra Police in connection with the Koregaon-Bhima violence case and declined to appoint a SIT to probe their arrest.

The three-judge bench headed by Chief Justice Dipak Misra, in a 2:1 verdict, refused the plea seeking the immediate release of the activists.

The majority verdict said accused persons cannot choose which investigating agency should probe the case, and this was not a case of arrest merely because of difference in political views.

Justice A M Khanwilkar read out the majority verdict for himself and the CJI, while Justice D Y Chandrachud said he was unable to agree with the view of the two judges.

Justice Chandrachud, in his judgement dissenting with the majority, said the arrest of the five accused was an attempt by the state to muzzle dissent, and dissent is a symbol of a vibrant democracy.

The five activists -- Varavara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj and Gautam Navlakha -- are under arrest at their respective homes since August 29.

The Maharashtra police had arrested them on August 28 in connection with an FIR lodged following a conclave -- 'Elgaar Parishad' -- held on December 31 last year that had later triggered violence at Koregaon-Bhima village in the state.

Prominent Telugu poet Rao was arrested on August 28 from Hyderabad, while activists Gonsalves and Ferreira were nabbed from Mumbai, trade union activist Sudha Bharadwaj from Faridabad in Haryana and civil liberties activist Navlakha from Delhi.

The majority verdict said the protection of house arrest of the activists will remain in force for four more weeks to enable the accused to seek appropriate legal remedy at an appropriate legal forum.

It said arrests were not because of dissent of activists but there was prima facie material to show their link with banned CPI (Maoist) organisation.

The majority verdict disagreed with the PIL by historian Romila Thapar and others seeking the immediate release of five rights activist, with liberty to the accused to seek remedy in appropriate court.

Justice Khanwilkar said the protection of house arrest shall remain in force for four weeks to enable the accused to seek legal remedy.

He refrained from commenting on the case saying it may prejudice the case of accused and prosecution.

Justice Chandrachud said liberty cherished by the Constitution would have no meaning if persecution of the five activists is allowed without proper investigation.

He said the petition was genuine and lashes out at Maharashtra police for press meet, distribution of letters to media.

Justice Chandrachud said the court should proceed as if personal practices are essential but whether they are derogatory to liberty, dignity enshrined in Fundamental Rights.

He said letters alleged to be written by activist Sudha Bhardwaj were flashed on TV channels. Police selectively disclosing the probe details to media amounts to casting.

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‘No constitutional approval required’: RSS chief says ‘India already a Hindu nation’

News Network

December 22,2025

Kolkata: Stressing that India is a "Hindu nation," Rashtriya Swayamsevak Sangh (RSS) Chief Mohan Bhagwat on Sunday said that no constitutional approval is needed as it is the "truth".

Addressing an event marking 100 years of the RSS, Bhagwat said that India is, and will remain, a Hindu nation until Indian culture is appreciated in the country.

"The Sun rises in the east; we don't know since when this has been happening. So, do we need constitutional approval for that, too? Hindustan is a Hindu nation. Whoever considers India their motherland appreciates Indian culture, as long as there is even one person alive on the land of Hindustan who believes in and cherishes the glory of Indian ancestors, India is a Hindu nation. This is the ideology of the Sangh," he said at the '100 Vyakhyan Mala' program of RSS in Kolkata.

"If Parliament ever decides to amend the Constitution and add that word, whether they do it or not, it's fine. We don't care about that word because we are Hindus, and our nation is a Hindu nation. That is the truth. The caste system based on birth is not the hallmark of Hindutva," he added.

RSS has always argued that India is a "Hindu Nation," given the culture and majority's affiliations to Hinduism. However, 'secular' was not originally part of the Preamble of the Constitution, but it was added along with the word 'socialist' by the Constitution (42nd Amendment) Act, 1976, during the Emergency imposed by then Prime Minister Indira Gandhi.

Bhagwat also urged people to visit the organisation's offices and 'shakhas' to understand its work, so that what he dubbed as the “false perception” of the organisation as anti-Muslim can be dispelled!

Bhagwat said that people have understood that the organisation advocates for the protection of Hindus, and are "staunch nationalists," but not anti-muslim.

"If there is a perception that we are anti-Muslim, then, as I said, the RSS work is transparent. You can come anytime and see for yourself, and if you see anything like that happening, then you keep your views, and if you don't see it, then you change your views. There is a lot to understand (about RSS), but if you don't want to understand, then no one can change your mind," Bhagwat said.

He said, but anyone unwilling to learn cannot be helped.

"After seeing, people have said that you are staunch nationalists. You organise Hindus, and you advocate for the protection of Hindus. But you are not anti-Muslim. Many people have accepted this, and those who want to know more should come and see the RSS for themselves," he said.

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