SabrangIndia https://sabrangindia.in/ News Related to Human Rights Sat, 24 Oct 2026 13:27:41 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png SabrangIndia https://sabrangindia.in/ 32 32 Delhi High Court rejects AISA president Neha Bora’s plea against peace-bond notice, directs police to disclose material https://sabrangindia.in/delhi-high-court-rejects-aisa-president-neha-boras-plea-against-peace-bond-notice-directs-police-to-disclose-material/ Sat, 24 Oct 2026 13:27:41 +0000 https://sabrangindia.in/?p=49784 Justice Subramonium Prasad upholds preventive proceedings over Bora’s October 16 protest, but directs the Special Executive Magistrate to follow due process and independently decide whether an interim bond is necessary

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]]> The Delhi High Court on October 23 dismissed a petition filed by All India Students’ Association (AISA) national president Neha Bora challenging a show-cause notice requiring her to explain why she should not furnish a personal bond of ₹10,000, along with one surety for the same amount, to maintain peace during an inquiry. The notice followed her detention by Delhi Police at Mandi House on October 16, amid protests against the Election Commission of India (ECI) and the Special Intensive Revision (SIR) of electoral rolls, as well as opposition to the de-notification of Jantar Mantar as a protest site.

Justice Subramonium Prasad held that there was sufficient material before the Special Executive Magistrate (SEM) to initiate preventive proceedings under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court, however, did not determine whether Bora had ultimately breached the law or whether she must furnish a bond. It directed the State to disclose all material relied upon in the proceedings and required the SEM to follow the principles of natural justice and independently decide whether an interim bond was necessary.

From a call to gather at Mandi House to preventive proceedings

Bora, who is also described in the judgment as a social activist, had posted an invitation on Instagram on October 16, calling people to assemble at Mandi House at 5 pm. Her post stated: “Jantar Mantar is not a site that you can denotify, it’s a symbol of our resistance! Today, all of Central Delhi has become Jantar Mantar!”

The judgment records that Bora was detained by Delhi Police at around 5:30 pm that day and released on October 17. The notice initiating preventive proceedings was issued on October 17 by Mahesh Kumar Meena, the SEM for New Delhi district. It called upon her to appear and show cause why she should not execute a personal bond of ₹10,000 with one surety for the same amount under Section 135(3) of the BNSS.

The notice alleged that Bora had created a nuisance by shouting slogans at the Mandi House roundabout, repeatedly participated in protest-related activity around Jantar Mantar despite prohibitory orders under Section 163 of the BNSS, and instigated people to join an unauthorised demonstration at Central Park in Connaught Place. It also alleged that she had called for the national flag to be hoisted without obtaining permission and that there was a likelihood of a breach of public peace and tranquillity.

The notice stated that she might commit a breach of peace or a wrongful act likely to disturb public tranquillity within the SEM’s jurisdiction. It invoked Sections 126 and 130 of the BNSS to initiate proceedings and required her to appear on October 19. The judgment noted that Bora sought exemption from personal appearance on health grounds on October 19 and was subsequently directed to appear before the SEM on October 24.

Bora challenged the notice as mechanical and based on hearsay

Senior Advocate Gopal Sankaranarayanan, appearing for Bora, argued that the notice did not satisfy the legal requirements of Section 126 of the BNSS and merely reproduced the language of the statutory provision. He submitted that the SEM was required to examine the information received, make an independent assessment of whether it disclosed a likelihood of breach of peace, and record the basis for initiating proceedings.

The challenge also questioned the reliance placed on the police kalandara, the report submitted to initiate preventive proceedings. Bora’s counsel argued that the SEM had acted on the report and the directions of senior police officers rather than forming an independent opinion. He pointed to the SEM’s order of October 17, which recorded that the kalandara had been submitted by Sub-Inspector Vaishali Tushir and that the notice should be issued after its inspection.

The petition also contested the claim that Mandi House was covered by a prohibitory order. Counsel relied on an order dated August 23, 2026, issued by the Assistant Commissioner of Police, Parliament Street subdivision, to argue that the location where Bora had called for a gathering was not within the area covered by restrictions under Section 163 of the BNSS.

Another central argument was that the information cited in the notice was hearsay and did not provide a sufficient factual basis for proceedings that could affect Bora’s liberty. Counsel maintained that a peaceful protest could not, by itself, justify preventive action and disputed the allegation that Bora had urged people to gather at Central Park, Connaught Place, where another group had called for a protest.

The petition also raised the question of whether the SEM could initiate proceedings on the material placed by police without conducting the inquiry required by law. Counsel argued that the statutory safeguards were particularly important because failure to furnish an interim bond could have consequences for personal liberty.

State relied on prohibitory orders, police records and previous cases

Opposing the petition, Additional Solicitor General Chetan Sharma argued that Section 126 of the BNSS allows an Executive Magistrate to initiate proceedings when information indicates that a person is likely to breach the peace or disturb public tranquillity and the Magistrate considers there to be sufficient grounds to proceed.

The State maintained that the SEM had relied not merely on an allegation or hearsay, but on the kalandara dated October 17 and supporting material. It argued that the SEM had considered the report and heard the investigating officer before forming an opinion. Sharma further submitted that the assessment at this stage was a matter of the SEM’s subjective satisfaction and that the High Court should not substitute its own assessment for that of the authority conducting the inquiry.

The State also argued that the petition was premature. Under the statutory scheme, it said, the person receiving the notice would have an opportunity to appear, contest the information and participate in the inquiry. If the allegations were not substantiated, the person could be discharged under Section 137 of the BNSS and would not be required to furnish a bond, or any bond already furnished could be discharged. The State submitted that the law provided remedies at subsequent stages and that the High Court should not interrupt the proceedings merely because a show-cause notice had been issued.

On the question of the restrictions in force at Mandi House, the State relied on a prohibitory order dated August 24, 2026, issued under Section 163 of the BNSS by the Assistant Commissioner of Police, Barakhamba Road subdivision. According to the State, the order covered the jurisdictions of Barakhamba Road and Tilak Marg police stations, including Mandi House.

The police kalandara alleged that Bora arrived at the Mandi House roundabout at around 5:10 pm with approximately 40 to 50 protesters and began moving towards Barakhamba Road while raising slogans. It claimed that police repeatedly announced over a loudspeaker that Section 163 was in force and that gatherings of five or more people, demonstrations, processions and dharnas were prohibited in the area. The report alleged that Bora continued moving forward and raising slogans, including “Reclaim Jantar Mantar”, “Gyanesh Kumar, resign” and “We do not accept any Section 163 BNSS, nor do we accept any such law”, before police stopped the group after considerable effort.

The kalandara also alleged that Bora had repeatedly participated in demonstrations around Jantar Mantar despite prohibitory orders, had encouraged people through her language and social-media posts to violate the law, and had called upon supporters and members of the Cockroach  (CJP) to gather at Connaught Place and hoist the national flag without permission.

The police report sought to justify the restrictions by referring to Connaught Place’s commercial character, traffic movement, the presence of banks, offices, hotels, showrooms and vendors, the high footfall at Rajiv Chowk Metro Station, and the potential for crowding to obstruct emergency services. It also referred to the area’s proximity to Parliament and the Central Secretariat and argued that a gathering could affect public safety, traffic and livelihoods.

The report further alleged that previous events involving AISA and CJP had seen violence and property damage, that Bora had previously been detained under Section 65 of the Delhi Police Act, 1978, and that several FIRs had been registered against her. It claimed that she might again attempt to gather people at prohibited locations and provoke demonstrations, creating a risk to public and government property.

The police report stated that the matter had been brought to the attention of senior officers and that preventive action had been considered necessary on their directions. This aspect was significant to Bora’s challenge, which argued that the proceedings reflected a command from senior officers rather than an independent decision by the SEM.

Court found material for initiating proceedings, but did not decide the allegations finally

After examining the record, the High Court noted that the material placed before the SEM included three General Diary entries relating to different incidents and dates, the kalandara dated October 17, and information relating to six FIRs registered at Parliament Street, Barakhamba Road and Connaught Place police stations. The record also included information under Section 65 of the Delhi Police Act.

The judgment identifies General Diary entry No. 19A dated October 17, relating to information under Section 65 of the Delhi Police Act; entry No. 20A dated October 17, recorded at Barakhamba Road police station under Sections 126 and 169 of the BNSS; and entry No. 111A dated September 25, recorded at Parliament Street police station in relation to Section 65 of the Delhi Police Act.

The court also recorded that three witnesses had been examined in connection with the material, including Sub-Inspector Vaishali Tushir. It concluded that the SEM had considered the kalandara, the General Diary entries and the accompanying material before initiating proceedings.

Importantly, the High Court said it would not rely on additional video material handed over by the State because it was unclear whether those videos had been placed before the SEM when the decision to initiate proceedings was made. The court confined its assessment to the material that could be shown to have been before the Magistrate.

The court rejected the argument that the notice was based on no material or merely on hearsay. It held that the notice had identified the alleged conduct at Mandi House and the alleged attempt to mobilise people for a demonstration at Central Park, Connaught Place. It also noted that the prohibitory order dated August 24 covered Mandi House, rejecting Bora’s argument that the location fell outside the restrictions.

The court distinguished the present case from Sumitra Dhal v. State of Odisha, in which the notice had not disclosed even a summary of the information or incidents said to justify apprehension of a breach of peace. It also distinguished Anuj Suhag v. State (NCT of Delhi), where the proceedings were based on a single incident, noting that the material in Bora’s case included multiple General Diary entries, FIRs and the prohibitory orders.

The High Court held that a notice under Sections 126 and 130 of the BNSS need not read like a judicial judgment. It must convey the substance of the information received and the reasons for the Magistrate’s opinion. It also accepted that the two statutory requirements could be conveyed through a composite notice rather than separate documents, relying on the Bombay High Court Full Bench ruling in Farhan Nasir Khan v. State of Maharashtra.

The court’s conclusion was that the material was sufficient to cross the threshold for issuing a show-cause notice. It expressly refrained from deciding the truth of the allegations or whether the SEM’s assessment would ultimately justify requiring Bora to furnish a bond.

Preventive proceedings are not punishment, court says

A substantial part of the judgment examines the purpose and limits of preventive proceedings under Chapter IX of the BNSS, which deals with security for keeping the peace and good behaviour. The court reiterated that proceedings under these provisions are preventive rather than punitive. Their purpose is to avert a possible breach of peace, not to punish a person for an offence already committed. Under Section 126, an Executive Magistrate may require a person to show cause why a bond should not be ordered if information indicates that the person is likely to breach the peace or disturb public tranquillity and the Magistrate considers there to be sufficient grounds to proceed. The period of a bond under that provision cannot exceed one year.

The court held that, at the stage of a challenge to a show-cause notice, the High Court’s inquiry is generally limited to whether there was material before the SEM and whether the SEM applied his mind to it. The writ court should not ordinarily replace the Magistrate’s assessment with its own, unless the case involves a complete absence of material or an exceptional ground for interference.

For this proposition, the judgment relied on Supreme Court rulings including Special Director v. Mohd. Ghulam Ghoushe, Union of India v. Vicco Laboratories and J. Sri Nisha v. Special Director, Adjudicating Authority, Directorate of Enforcement. These decisions recognise that show-cause notices should not routinely be quashed before the authority has had an opportunity to conduct the prescribed proceedings, while also acknowledging exceptions where a notice is without jurisdiction, reflects non-application of mind, is pre-determined, constitutes an abuse of process or violates natural justice.

The court observed that preventive action may be based on the circumstances and nature of the alleged conduct rather than the number of incidents alone. It said even a single incident may, in appropriate circumstances, support apprehension of a future breach of peace. In Bora’s case, however, the court relied on its view that the record contained multiple entries and other material, rather than a solitary allegation.

The judgment also stated that the SEM was not required to conduct a full fact-finding investigation before issuing the notice. The court considered the initial examination of the information and the recording of the three witnesses sufficient to meet the threshold for initiating proceedings. It did not, however, dispense with the requirement of a proper inquiry before any final decision or interim order affecting Bora’s liberty.

Court emphasises safeguards under Madhu Limaye

The court devoted particular attention to the Supreme Court’s five-judge Bench decision in Madhu Limaye v. Sub-Divisional Magistrate, Monghyr, which stresses that preventive powers must be exercised with care because personal liberty is at stake. The Supreme Court had held that a Magistrate cannot demand an interim bond or place a person in jeopardy of detention without making the inquiry required by law into the truth of the information. The safeguards governing preventive proceedings must be strictly followed, and reasons must be recorded in writing. The power is judicial in character and cannot be exercised as a purely administrative measure.

The State relied on other passages in Madhu Limaye recognising that preventive provisions are intended to address reasonable apprehensions of conduct likely to disturb public peace. The Delhi High Court concluded that the principles laid down in that decision had not been violated at the stage then before it, but made clear that the SEM must continue to comply with those safeguards in the later proceedings.

Police directed to disclose all material; bond cannot be automatic

Despite dismissing Bora’s petition, the High Court issued specific directions to safeguard her rights during the inquiry. First, the State must provide Bora with all the material on which it intends to rely when she appears before the SEM. The court directed that the principles of natural justice must be followed before any order requiring her to furnish a bond is passed.

Second, the court specifically addressed Section 135(3) of the BNSS, which permits an interim bond during the pendency of an inquiry in circumstances where the statutory requirements are met. It left the question of whether to insist on a bond at the first instance to the SEM, emphasising that the provision concerns an apprehension of breach of peace or disturbance of public tranquillity arising after the inquiry has commenced and before it is completed. The SEM must therefore independently apply his mind to the material and decide whether an interim bond is necessary. The court directed him to take into account the safeguards laid down in Madhu Limaye and the Delhi High Court’s decision in Aldanish Rein v. State (NCT of Delhi).

Third, the court made clear that Bora would retain the right to pursue remedies at subsequent stages of the proceedings, including after a final order is passed at the conclusion of the inquiry. Its observations were expressly limited to the question of whether the High Court should interfere under Article 226 of the Constitution at the stage when only a show-cause notice had been issued. The writ petition was dismissed along with any pending applications.

The ruling leaves the preventive proceedings against Bora to continue before the SEM. It upholds the initiation of those proceedings, but leaves the substantive questions, including whether the allegations warrant a bond and whether an interim bond is necessary, for independent determination in accordance with the law.

The complete judgment may be read below:

Download PDF

 

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]]> 7,000 farmers and workers rally in Maharashtra as drought deepens agrarian crisis https://sabrangindia.in/7000-farmers-and-workers-rally-in-maharashtra-as-drought-deepens-agrarian-crisis/ Sat, 24 Oct 2026 10:55:25 +0000 https://sabrangindia.in/?p=49780 With 265 of Maharashtra’s 358 talukas declared drought-affected, protesters in Akole demand immediate crop-loss compensation, insurance payouts and loan waivers

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]]> Around 7,000 farmers, agricultural workers and women took to the streets of Akole in Maharashtra’s Ahilyanagar district on October 22, demanding immediate relief as a severe drought pushes farming communities towards mounting losses and financial distress. Led by the All India Kisan Sabha (AIKS), Centre of Indian Trade Unions (CITU), All India Democratic Women’s Association (AIDWA) and Democratic Youth Federation of India (DYFI), the rally marched through the town to the Tehsil office, where protesters submitted a memorandum alongside thousands of individual applications from farmers and other residents.

Carrying red and white flags and raising militant slogans, the protesters demanded substantial drought relief, immediate disbursal of crop insurance compensation, a ₹2 lakh loan waiver for farmers who have regularly repaid their loans, land titles for people cultivating forest and other lands, and the resumption of financial assistance to beneficiaries of the Ladli Behna scheme.

The rally followed an ongoing round-the-clock sit-in Satyagraha in Akole, with organisers announcing that the agitation would continue until October 26. Addressing the gathering, senior leader Brinda Karat, AIKS National President Ashok Dhawale and AIKS National Joint Secretary Ajit Nawale criticised the Maharashtra government’s handling of the agrarian crisis. They condemned the ₹5,000 drought relief announced for farmers as grossly inadequate in the face of widespread crop damage and escalating debt, while also pointing to the withholding of ₹4,000 payable under the Namo Kisan Nidhi scheme.

The Kisan Sabha leadership warned that if the state government failed to take concrete decisions on the demands, hundreds of vehicles carrying farmers from across Maharashtra would set out from Akole for Mumbai to press the government for action.

The protest comes as the scale of Maharashtra’s drought becomes increasingly difficult to ignore. The state has declared 265 of its 358 talukas drought-affected, covering nearly three-quarters of its administrative subdivisions. Yet, despite announcing a series of concessions, the government has left direct crop-loss compensation dependent on field assessments, prolonging uncertainty for farmers who are already watching their harvests fail.

Drought declared, but direct compensation remains uncertain

A September 25, 2026, government resolution issued by Maharashtra’s Relief and Rehabilitation Department directed district administrations to assess crop damage in the drought-affected talukas. Collectors have been instructed to conduct field inspections, prepare panchnamas, document crop conditions through photographs and GPS-tagged records, and submit their findings to the state government. The declaration covers extensive parts of Marathwada and Vidarbha, alongside drought-hit areas in northern and western Maharashtra. Among the districts affected are Beed, Latur, Dharashiv, Nanded, Parbhani and Chhatrapati Sambhajinagar in Marathwada, and Yavatmal, Amravati, Akola, Wardha, Nagpur and Chandrapur in Vidarbha.

As reported by The Indian Express, Maharashtra’s overall monsoon rainfall deficit has obscured the severity of the crisis in its most vulnerable agricultural regions. While the state recorded a deficit of around 18% between June 1 and September 25, some districts experienced far more severe shortfalls. Solapur recorded a 57% deficit, followed by Beed at 49%, Hingoli at 48%, Jalna at 46%, Dharashiv at 45% and Akola at 41%.

The consequences have been particularly severe in Marathwada, where prolonged gaps between rainfall have deprived rain-fed crops of the soil moisture needed to survive. Agriculture department estimates reported in the media indicated that at least a quarter of standing crops in the region had been damaged following a dry spell lasting approximately 45 days.

The government has announced concessions in land revenue, restructuring of crop loans, suspension of the recovery of agriculture-related loans, electricity-bill relief for agricultural pumps, examination-fee waivers for students and expanded employment under the Employment Guarantee Scheme. It has also provided for tanker-based drinking-water supplies where necessary, fodder arrangements for livestock and water-conservation works.

However, these measures do not amount to direct compensation for the crops already destroyed. The government resolution states that financial assistance for drought-affected farmers will be announced separately after the prescribed assessments are completed. According to a PTI report, Deputy Chief Minister Sunetra Pawar has also said that the actual assistance would be determined after ground-level assessments. For farmers confronting immediate losses, the concern is critical. Loan restructuring does not replace a failed harvest, and electricity concessions cannot compensate for crops that have withered in the fields. The demand for immediate financial relief has therefore become central to the agitation in Akole.

From failing soybean crops to dying orchards

The drought is damaging both seasonal crops and plantations that take years to establish. Soybean, cotton and maize have suffered extensive losses, while fruit growers are struggling to secure enough water to keep trees and vines alive. In an October 5 report, Mid-Day report described the devastation in Yevta village in Beed district, where farmer Sheikh Rashid’s four-acre soybean crop was drying up after prolonged water shortages. Rashid told IANS that farmers had anticipated a good harvest but had suffered significant losses because of the lack of rainfall.

The damage extends well beyond a single season’s produce. In a report published on October 12, India Today documented the growing crisis among Maharashtra’s horticultural farmers, with grapevines, orange trees, pomegranate plantations, banana crops and mango orchards all facing water stress. The report highlighted the threat to vineyards in the Nashik region, where October is a crucial period for pruning and preparing vines for the next harvest. Kailas Bhosale, president of the Maharashtra Grape Growers’ Association, told Kisan Tak that farmers could not carry out normal vineyard operations without water. He called for emergency intervention, including tanker supplies, to prevent the vines from dying.

The difference between losing a harvest and losing a plantation is devastating. According to India Today, growers could face a wait of at least four years before newly planted grapevines begin yielding commercially. Farmers who have invested years of labour and substantial sums in their orchards risk losing not merely their current income but the foundation of their future livelihoods.

The crisis has also reached Maharashtra’s orange-growing belt. The Times of India reported on October 8 that orange orchards across an estimated 5,000 hectares in Amravati had suffered extensive damage, with trees being cut down and surviving orchards struggling with flowering, fruit development and fruit size.

The state’s fruit economy is particularly vulnerable because Maharashtra is a major producer of grapes, pomegranates and bananas, with horticultural output supporting agricultural households, traders, exporters and workers across supply chains. The destruction of perennial crops threatens to leave farmers without income for several seasons, even after rainfall returns.

Water scarcity is becoming a crisis of survival

As local wells and other water sources dry up, farmers are increasingly being forced to purchase water simply to keep their crops and livestock alive.

India Today report described the mounting costs faced by drought-hit growers. In Shahapur in Chhatrapati Sambhajinagar district, farmer Badrinath Bharat told The Indian Express that he was spending ₹3,000 a day on two water tankers after his well dried up. Having already lost his cotton and maize crops, he was buying water to protect his ginger crop and provide for his family and ten cattle.

The burden is particularly punishing for small and marginal farmers, who have limited financial reserves to absorb repeated crop failures or sustain expensive irrigation through prolonged dry spells. Purchasing water can become an additional debt even when there is little certainty that the surviving crop will generate enough income to recover the cost.

The shortage is also threatening the coming rabi season. As reported by The Indian Express, the depleted soil moisture and declining reserves in reservoirs and borewells could discourage farmers from sowing crops such as chickpea and jowar. A drought that has already devastated the kharif harvest could therefore compromise the next agricultural cycle as well.

Scientists have warned that the timing and distribution of rainfall matter as much as the overall deficit. Karthikeyan Lanka, associate professor at IIT Bombay’s Centre for Climate Studies, told Down To Earth that the monsoon had been characterised by repeated swings between wet and dry conditions. Sporadic heavy rainfall may briefly replenish soil moisture, but prolonged dry spells allow that moisture to dissipate through evaporation and plant transpiration.

The India Drought Monitor, maintained by IIT Gandhinagar, indicated that around 84% of Maharashtra’s area was under dry or drought conditions as of September 23. The figures underline how widely the crisis has spread, even though the extent of agricultural damage varies by region.

Government relief under pressure as farmers demand accountability

The Maharashtra government’s drought declaration has formally recognised the crisis, but farmers’ organisations argue that recognition without timely and adequate assistance will do little to prevent mounting indebtedness and the destruction of rural livelihoods. The state’s response has included loan restructuring, revenue concessions and other administrative relief, while direct compensation remains contingent on assessments. Meanwhile, farmers are facing immediate expenses for water, livestock fodder, agricultural inputs and household needs, often without the income expected from their crops.

The growing pressure has also reached the Union government. India Today reported that Chief Minister Devendra Fadnavis met Union Home Minister Amit Shah to seek financial assistance through the National Disaster Response Fund. An inter-ministerial team subsequently visited Maharashtra between October 8 and 11 to assess crop losses and relief requirements, according to The New Indian Express.

But for the farmers gathered in Akole, the central question remains whether these assessments will translate into timely assistance on the ground. Their demands extend beyond the immediate drought declaration to include crop insurance payments, a loan waiver for farmers who have regularly repaid their loans, land rights for cultivators and the restoration of financial assistance to Ladli Behna beneficiaries. With the sit-in scheduled to continue until October 26, the Kisan Sabha leadership has made clear that it is prepared to escalate the agitation to Mumbai if the government fails to act.   

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]]> Assam must resist sir, defend voting rights, says Guwahati Citizens’ Forum https://sabrangindia.in/assam-must-resist-sir-defend-voting-rights-says-guwahati-citizens-forum/ Sat, 24 Oct 2026 10:36:40 +0000 https://sabrangindia.in/?p=49777 At a protest meeting organised by the Forum for Social Harmony, speakers criticise the Election Commission and demand a time-bound completion of the NRC; police prevent demonstrators from marching out of the Press Club

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]]> Citizens in Guwahati on October 23, 2026, joined the nationwide protests against the Election Commission’s Special Intensive Revision (SIR) of electoral rolls, demanding that the exercise be scrapped and Assam’s long-pending National Register of Citizens (NRC) process be completed within a stipulated timeframe. The protest, organised by the Forum for Social Harmony – Citizens’ Initiative at the Guwahati Press Club, also called for the resignation of Chief Election Commissioner Gyanesh Kumar and the restoration of voting rights to eligible people excluded from the NRC.

The protest meeting, held at 1 p.m. in response to the nationwide call issued by People Against SIR, brought together prominent intellectuals, citizens and representatives of political parties and organisations. Speakers, including Dr Hiren Gohain, Dr Ghanshyam Nath and Dr Rituraj Kalita, raised concerns over the implications of SIR for citizens’ constitutional rights, citing alleged violations and the growing threat to democratic participation.

The meeting demanded the immediate scrapping of SIR, the completion of Assam’s pending NRC process within a defined timeframe, and the adoption of 2014 as the base year for electoral rolls. It also called for eligible people left out of the NRC to have their names included within a specified period.

‘SIR is being used to deprive citizens of voting rights’

Addressing the gathering, Dr Hiren Gohain criticised what he described as the erosion of the Election Commission’s independence, alleging that the constitutional institution had increasingly become an instrument serving the political interests of the BJP.

“Under the pretext of SIR, the BJP is creating conditions to win elections by depriving Indian citizens, particularly Muslims and Dalits, of their voting rights. Chief Election Commissioner Gyanesh Kumar is being used for this purpose. This is fascism in the name of democracy,” Gohain said.

He further warned that the attacks on democratic institutions extended to the Constitution itself, and demanded that Kumar either resign or be removed from office. Pointing to the growing resistance against SIR, Gohain said that young people across the country were taking to the streets despite police repression and intimidation. He described this mobilisation as a positive development and called for a similar political awakening in Assam.

“It is time for the people of Assam to wake up,” he said, urging citizens to join the wider struggle to defend democratic rights.

The meeting was attended by several other prominent individuals and representatives of political parties and organisations, including Harkumar Goswami, Debajit Choudhury, Khagen Kalita, Pankaj Kumar Das, Mukut Lochan Kalita, Jayanta Gogoi, Phanidhar Das, Munin Mahanta, Shankar Uccha Saikia, Kishor Kumar Kalita, Yechmin Ara Begum and Humayun Choudhury.

Assam cannot remain on the sidelines of the struggle over voting rights

In a statement issued after the meeting, the Forum for Social Harmony – Citizens’ Initiative said Indian democracy had reached a decisive juncture, with state power and repression confronting citizens determined to defend their constitutional and democratic rights.

The Forum noted that people across the country were mobilising to protect democracy, the Constitution and the right to vote. It argued that Assam, given its long and fraught history of disputes over citizenship and electoral rights, could not afford to remain detached from this national struggle.

“Assam, which has been turned into a testing ground for decades over questions of citizenship and voting rights, cannot remain aloof from this struggle. On the contrary, drawing upon its own historical experience, Assam must play a decisive role in this pan-Indian struggle to defend democratic rights,” the statement said.

The Forum extended its support to the nationwide protest call issued by People Against SIR and appealed for a united movement against attempts to curtail voting rights through the revision exercise. It also stressed the need for a just resolution of Assam’s unresolved citizenship and electoral issues, including the completion of the NRC process and the inclusion of eligible people who have been left out.

The demands reflect the longstanding concerns surrounding the intersection of citizenship documentation and electoral participation in Assam, where the NRC process has remained unresolved despite years of official scrutiny and public uncertainty. The Forum’s position is that electoral revision cannot become a substitute for resolving these pending questions or a means of excluding eligible citizens from democratic participation.

Police shut Guwahati Press Club gate, prevent protesters from marching out

The protest took a contentious turn after the meeting concluded. When participants attempted to leave the Guwahati Press Club premises while raising slogans, a large contingent of police personnel stationed at the entrance shut the gate, preventing them from marching out. The protesters raised slogans demanding that Chief Election Commissioner Gyanesh Kumar resign, that SIR be scrapped, and that the pending NRC process in Assam be completed. They also challenged the police action that prevented them from leaving the Press Club premises.

Questioning the restriction on their movement, the protesters asked: “Has the Press Club premises now also been turned into a place of confinement to silence the voice of protest?”

The incident underscored the central contradiction at the heart of the gathering: citizens had assembled to defend their voting rights and democratic freedoms, only to find themselves prevented from marching out of the venue while expressing those demands.

A continuing campaign against SIR in Assam

The Forum for Social Harmony – Citizens’ Initiative has consistently opposed SIR in Assam and has raised concerns about its implications for citizenship, electoral participation and constitutional rights. Its latest mobilisation places Assam within the wider nationwide campaign challenging the revision exercise and demanding accountability from the Election Commission.

By linking the demand to scrap SIR with the completion of the NRC and the inclusion of eligible people excluded from the register, the Forum has foregrounded the specific anxieties surrounding citizenship and voting rights in Assam. Its appeal is for a collective democratic response that safeguards electoral participation rather than deepening existing uncertainty over who can exercise the right to vote.

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]]> UP voter lists: Software manipulates Voter’s names, Pilibhit investigation finds 10,470 irregular entries https://sabrangindia.in/up-voter-lists-software-manipulates-voters-names-pilibhit-investigation-finds-10470-irregular-entries/ Fri, 23 Oct 2026 13:27:11 +0000 https://sabrangindia.in/?p=49766 Software “translated” a voter Ramhit Yadav’s name into “Ram ne Yadav ko maara” in UP’s Legislative Council rolls! Separately, an inquiry found 10,470 irregular Pilibhit entries, while reports of duplicate IDs and deletion forms without reasons raise questions about scrutiny during and after SIR

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]]> Uttar Pradesh’s electoral rolls are under close scrutiny over separate irregularities involving incorrect names, unsupported changes to voter details, duplicate voter IDs and deletion requests without recorded reasons. The latest developments concern a “translation error” in Legislative Council rolls and an official inquiry into changes made in Pilibhit after the Special Intensive Revision (SIR).

Software translated names instead of transliterating them

A software error changed names into Hindi sentences in electoral rolls prepared for Uttar Pradesh Legislative Council elections. Instead of transliterating English names—writing their pronunciation in Hindi script—the software translated them.

Ramhit Yadav became “Ram ne Yadav ko maara”. Other unusual entries included “Ram ne Sharma ko maara”, while BCom appeared in a father’s-name field.

Authorities identified 158 unusual entries among 14, 81, 310 electors registered across graduates’ and teachers’ constituencies. Chief Electoral Officer Navdeep Rinwa attributed several errors to software translation and others to human mistakes or inadequate scrutiny. Officials responsible for preparing and checking the records have been asked for explanations.

The examples circulated widely on social media. The errors concern Legislative Council electoral rolls and are separate from the changes investigated in Pilibhit’s Assembly electoral roll.

Pilibhit inquiry finds 10,470 irregular entries

In Pilibhit, an official inquiry found that changes to thousands of voter records had been entered without corresponding forms or records being available in the office. This followed a detailed investigation, first by Reporter’s Collective, nine days back on October 14, that may be read here.

Later other media chipped in and the investigations reported that the computer assistant at the constituency’s Voter Registration Centre entered 13,779 Form 8 applications for changes to voter details between May 31 and August 29, 2026. Of these, 10,470 were approved and 3,309 rejected. The inquiry found irregularities in all 10,470 approved entries.

These changes were entered after the final electoral roll was published on April 10 following SIR. Complaints arose when searches using voters’ Electoral Photo Identity Card (EPIC) numbers displayed other people’s names and family details.

An FIR has been registered against two Electoral Registration Officers (EROs) and the computer assistant only after INC spokesperson Supriya Srinate flagged the issue at a press conference in Lucknow on October 21. At an October 21 press conference, Congress leader Rajendra Pal Gautam alleged that 13,150 records had been altered while EPIC and serial numbers remained unchanged. He said voters who had checked their details in the April roll could remain unaware of subsequent changes.

Congress spokesperson Supriya Shrinate alleged that most affected voters were Muslim men. She cited Mohammad Yusuf, aged 33, whose EPIC number subsequently displayed Hasrat, also aged 33. The father’s name had changed from Rasital to Ramzan Ali. Another example concerned Mohammad Waseem, whose EPIC number allegedly displayed Sher Mohammad.

Shrinate said changes occurred in batches and questioned whether software had been used. Congress separately alleged that 884 existing residents had been removed and 2,600 people who did not live in the constituency had been added. These allegations were reported by The Wire

The party’s figure of 13,150 disputed records and the official finding of 10,470 irregular approved applications come from different examinations. The CEO’s statement does not provide a community-wise breakdown or establish political involvement.

CEO orders action and examination of additions and deletions

In its October 22 statement, the UP CEO’s office “ordered legal action” against the current and former EROs and the computer assistant under Section 32 of the Representation of the People Act, 1950, and relevant provisions of the Bharatiya Nyaya Sanhita (BNS). It also directed departmental proceedings against both officers, termination of the operator’s services and an inquiry into the role of Assistant EROs.

The CEO said the incorrect Form 8 entries were being corrected. The Pilibhit District Election Officer was also directed to examine all Form 6 applications for additions and Form 7 applications for deletions entered by the same operator between April 10 and October 21, and submit a detailed report within one day.

Earlier, the CEO had directed district election officers across Uttar Pradesh to review electoral rolls for similar discrepancies.

Are local EROs, the front face of the Election Commission of India (ECI) being made easy scapegoats in the massive Voter Manipulation Scam?

Voters found other people’s details against their EPIC numbers

Nine days later, the Indian Express reported that Advocate Faizan Ali Khan, a resident of Awas Vikas Colony in Pilibhit, complained on October 14 that his electoral record and that of his younger brother, Farhan, displayed different names. Both had appeared before election authorities during SIR and submitted documents that were verified.

Khan said his EPIC number displayed Raees Ali, with Huzaib Ali recorded as the relative, although his father’s name is Mushfiq Ali Khan. Farhan’s record displayed Gufran Aslam, son of Hamid Aslam. Khan said nobody by those names lived in their neighbourhood.

He alleged that the administration initially described the discrepancies as a technical error. He sought restoration of the correct details and an investigation into how verified records had changed after publication of the final roll. He also requested examination of Barkhera, Puranpur and Bisalpur, the district’s other Assembly constituencies.

Another advocate, Rehan Ali, found altered names against the EPIC numbers of his brother and sister. He said he checked his family’s records after overhearing a conversation between a voter and a computer operator. Further checks among neighbours revealed more discrepancies.

Local Congress leader Kumud Gangwar said a team of 55 people examined records covering approximately 3.48 lakh voters across the constituency and identified 13,150 entries with discrepancies. He alleged that many changes were made late at night, on holidays or on Sundays, as reported

Opposition alleges changes disproportionately affected Muslims

The Samajwadi Party submitted a complaint on October 12 about alleged duplicate voters in around 100 Assembly constituencies, including Pilibhit. Its state president, Shyam Lal Pal, submitted another complaint on October 19 about EPIC searches returning different people’s details.

One example concerned booth 409, where serial number 220 listed Ashik Ali, son of Mahmood Ali, aged 39. A search using his EPIC number reportedly displayed Khalil Khan, also aged 39.

Investigation reported deletion forms without reasons

An earlier investigation by The Reporters’ Collective, published on October 9 and corrected on October 20, reported that ERONET automatically generated 87,127 Form 7 deletion requests without recording reasons during Uttar Pradesh’s SIR.

The investigation examined more than 4.3 lakh Form 7 disclosures published on the UP CEO’s website. Approximately one-fifth were recorded in the names of EROs and Assistant EROs. All 87,127 requests in this category were filed between March 15 and April 2, 2026.

Four electoral officials interviewed for the report said that when they did not approve a voter during a hearing, the software automatically generated a Form 7 bearing their digital signature. The forms were then sent for approval.

The investigation questioned a process in which officers conducting hearings also became the recorded applicants for deletion. It said the forms contained no reasons, although the prescribed procedure required grounds for removal to be recorded.

The report also identified 1,10,476 requests submitted by individuals and accepted after what it described as the legally mandated deadline. Approximately 3.43 lakh requests from individual objectors specified reasons for seeking removal.

Officials described hearings before deletion forms

According to the investigation, the SIR enumeration exercise began on November 4, 2025. Of approximately 15.44 crore electors originally registered in Uttar Pradesh, 2.89 crore names were placed on the absent, shifted, dead or duplicate list.

At that stage, software-generated Form 7 requests required booth-level officers to specify a reason. The draft roll was published on January 6, 2026. Approximately 3.26 crore electors were separately flagged for logical discrepancies or because their records were unmapped, leading to hearings.

Officials interviewed for the investigation said the later officer-generated forms concerned voters who could not be verified during these hearings. They described hearings taking place first and deletion forms being generated afterwards.

The report said internal instructions required officers to record an explanation for removal following a notice issued on their own initiative. It argued that forms without reasons and objections submitted outside the prescribed period did not comply with the applicable procedure.

The final roll published on April 10 contained approximately 13.4 crore electors. Questions sent to the UP CEO and the ECI had received no response by the investigation’s original publication.

The October 20 correction increased the number of forms without reasons from 85,854 to 87,127. It clarified that 62 forms previously described as containing single-letter reasons, and 1,211 previously described as recording absent or shifted status, also contained no reason.

Repeated objections against Muslim voters

The same investigation reported that approximately 90% of deletion requests in Tarabganj and Pilibhit were directed against Muslim voters.

In Tarabganj, 188 objections appeared under the name Reshma, all filed on the same date against voters from the same booth. The published disclosures did not provide sufficient identifying information beyond objectors’ names to establish independently who submitted the applications.

These reported Form 7 patterns concern deletion requests during SIR. The later Pilibhit inquiry concerns Form 8 changes entered after the final roll was published.

The findings raise questions about how deletion requests without recorded reasons were generated and processed, why applications were accepted after the prescribed deadline, and whether objections disproportionately targeting Muslim voters were adequately examined. Alongside the separate post-SIR changes in Pilibhit, they underline the need to examine application records, software logs and approvals, establish responsibility and correct wrongful changes to voters’ records.

Demand for an independent forensic investigation

Former minister and SP leader Hemraj Verma has sought an independent cyber forensic investigation into the Pilibhit changes. He requested comparison of old and new names, addresses, photographs and other details, examination of the database audit trail, and a booth-wise assessment of affected voters.

Verma separately alleged that errors affected approximately 25,000 Muslim voters and accused sitting BJP MLA and minister Sanjay Singh Gangwar of directing the changes through officials and computer experts. These remain allegations. The supplied report recorded no response from Gangwar at the time of publication.

Gangwar won the Pilibhit Assembly seat in 2022 by 6,970 votes against the SP’s Shailendra Gangwar. The changes now under investigation occurred in 2026.

SP spokesperson Udaiveer Singh said the party planned checks in around 100 Assembly constituencies. Congress leader Aradhana Mishra said the party would ask all 75 District Congress Committees to verify local electoral rolls.

BJP spokesperson Rakesh Tripathi said political parties should participate in scrutiny during revision. He added that deliberate changes should be investigated and action taken against those responsible.

In a post on X, Shrinate demanded that SIR be scrapped and questioned Chief Election Commissioner Gyanesh Kumar’s accountability following action against local officials.

Couple allegedly received five voter IDs after applying for inclusion

Separate complaints concern multiple EPIC numbers issued to the same people after SIR.

In an October 19 post, fact-checker Mohammed Zubair alleged that a couple whose names were absent from the draft electoral roll applied for inclusion through Form 6. In the final roll, the wife received three voter IDs and the husband two.

Zubair said he could locate only one Form 6 application for each spouse in the published records on the UP CEO’s website. He asked the CEO to explain how those applications resulted in multiple IDs.

Another disclosure concerned House 91 in Chachoi, where six people—Ankit, Sumit, Karan, Aakash Kumar, Rajkumar Singh and Vikas Singh—were alleged to have received two EPIC numbers each. One of Vikas Singh’s records reportedly identified him as female.

The disclosure alleged that 17 people at the booth received two IDs each, accounting for 34 of its 69 new entries. The person examining the records said only one Form 6 application for each of the six named people had been located and several Form 9 disclosures remained unavailable.

These complaints require examination of the applications and approvals alongside the final electoral roll entries.

CEO disputes account of applications; AltNews questions verification

In a separate exchange on October 18, the UP CEO challenged Altnews’ Zubair’s account of a voter receiving four EPIC cards. The CEO said the claim that the voter had submitted only two applications was false and stated that four applications had been submitted.

In his response, Zubair argued that processing repeated applications in the same person’s name exposed a verification failure. He asked how four applications could pass scrutiny and result in four different EPIC numbers.

He also cited Form 9 records showing applications by Sundar on January 6 and January 14 and requested publication of missing disclosures. Zubair said eliminating duplicate entries was one of SIR’s stated objectives and questioned why such cases remained after publication of the final roll.

Related:

Who controls access to voter records? ECINet audit raises fresh questions

Vote for Democracy seeks answers from ECI and TCS on ECI’s electoral database access and security

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Protest Denied, Dissent Policed: India’s crackdown on those challenging the Election Commission

 

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]]> People take to the streets to defend the right to vote and protest against SIR https://sabrangindia.in/people-take-to-the-streets-to-defend-the-right-to-vote-and-protest-against-sir/ Fri, 23 Oct 2026 13:16:04 +0000 https://sabrangindia.in/?p=49765 From Delhi to Bengaluru and Mumbai, farmers, workers, students, women’s groups and citizens’ organisations came together on October 23 to demand the scrapping of the SIR of electoral rolls and the resignation of CEC Gyanesh Kumar

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]]> On Friday, October 23, central Delhi witnessed a gathering that was as much about the right to vote as it was about the right of ordinary people to claim ownership of their democracy. Hundreds of protesters marched from Bhai Vir Singh Marg towards the Election Commission of India (ECI) headquarters, carrying the national flag and raising demands against the Special Intensive Revision (SIR) of electoral rolls. Farmers, workers, students, women’s organisations, youth groups and civil society members came together under the banner of the nationwide People Against SIR mobilisation.

 

There was no single face around which the protest revolved, no one leader whose presence defined its purpose. Instead, the streets filled with people who had come to assert a collective right: to vote, to question the institution entrusted with protecting that right, and to resist an electoral process they fear could exclude legitimate voters. The significance of the mobilisation lay precisely in this coming together, in citizens refusing to leave the defence of electoral democracy to political parties, prominent activists or a handful of familiar public figures.

The march was organised at the joint call of 143 organisations, with protests reported across 88 cities in 18 states, according to the mobilisation’s organisers. The breadth of participation underlined how the concerns surrounding SIR have travelled beyond election administration and become a question of democratic participation, accountability and the security of the franchise.

A march to the Election Commission, a confrontation with the police

In Delhi, protesters assembled around Gurudwara Bangla Sahib and marched towards the ECI headquarters near Patel Chowk. Carrying the Tricolour, they demanded the immediate scrapping of SIR, the removal and prosecution of Chief Election Commissioner Gyanesh Kumar, and the repeal of the 2023 law governing the appointment of Election Commissioners, which protesters have criticised for providing legal protection to members of the Election Commission.

Visuals shared by Scroll.in and others showed police detaining protesters in central Delhi, while some demonstrators climbed onto police buses in an attempt to prevent them from leaving with those detained. Police buses carrying demonstrators were also seen moving away from the area outside Bangla Sahib Gurudwara.

 

The people are not waiting for someone to lead them

One of the most striking features of Friday’s mobilisation was the refusal to make the movement dependent on any one individual. As protesters were detained, the question of what would happen if prominent participants were taken away was put to CJP’s Ashutosh Ranka by PTI.

His response captured the spirit of the gathering: “We are not leaders; we are custodians of this platform that the people of this country have given us.” He added that the movement would continue whether its participants were in jail or outside, and that it would change and evolve as necessary.

 

The statement spoke to something visible on the streets that day. The mobilisation was not simply an event organised around speeches delivered by recognised leaders. It was a collective assertion by people who had come to occupy democratic space themselves. Students stood alongside farmers and workers; women’s organisations marched alongside civil society groups; familiar public figures shared the streets with citizens whose names might never appear in a news report.

The absence of a single commanding face did not mean an absence of political conviction or organisation. Rather, the joint call of 143 organisations created a platform on which different groups could bring their concerns together without surrendering the movement to one personality. Its strength lay in the possibility that people could participate in the struggle without waiting for permission from a leader, or for a prominent figure to tell them when to act.

 

 

When Jantar Mantar is barricaded, the streets become the site of protest

Friday’s march also carried a message about the shrinking space for public demonstrations in the national capital. As protesters gathered around Bangla Sahib and moved towards the Election Commission, the invocation of Section 163 and the subsequent detentions became part of the confrontation over the right to dissent.

 

In a statement shared from Himachal Pradesh, advocate Prashant Bhushan’s message, relayed by another account, captured the resolve of protesters confronting restrictions on public assembly: “If you barricade Jantar Mantar, the whole of Delhi will become Jantar Mantar.” The statement went on to warn that attempts to suppress protests in Delhi could spread the call for resistance across the country.

 

The message resonated with a mobilisation that was not confined to one gathering point. Anti-SIR protests were reported in Bengaluru, where demonstrators assembled around Infantry Road and the War Memorial on Brigade Road, as well as in Mumbai, where university students took to the streets demanding the CEC’s resignation.

 

 

 

The spread of the protests gave concrete meaning to the call that the defence of democracy could not be confined to a designated protest ground. People were asserting that their constitutional rights did not begin and end at a barricade, and that the demand for electoral accountability could be raised in cities and towns far beyond the capital.

 

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]]> Bombay High Court orders ₹5 lakh compensation for man illegally arrested, slams police-developer collusion https://sabrangindia.in/bombay-high-court-orders-%e2%82%b95-lakh-compensation-for-man-illegally-arrested-slams-police-developer-collusion/ Fri, 23 Oct 2026 13:06:17 +0000 https://sabrangindia.in/?p=49761 Court finds arrest arbitrary and mala fide, flags manipulation of police records and orders action against officers; judicial officers who authorised remand to face administrative scrutiny

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]]> The Bombay High Court has declared the arrest of a Mumbai businessman illegal, directing the Maharashtra government to pay him ₹5 lakh in compensation for his unlawful detention for 26 days in 2017. The Court found that the police had falsely portrayed Bipin Satish Chandra Agrwal as an extortionist, manipulated official records and acted in collusion with a property developer to prevent him from pursuing his lawful claims.

“We acknowledge that the unlawful arrest has caused substantial financial loss to the Petitioner, in addition to irreparable damage to his reputation and lasting blemish on his credibility.” (Para 26)

In a strongly worded judgment pronounced on October 22, a division bench of Justices A. S. Gadkari and Kamal Khata held that the arrest was arbitrary, mala fide and carried out without applying the law. The Court also held the Magistrate responsible for allowing Agrwal’s detention to continue without independently examining the case or recording reasons for remand.

“Upon examining the entire case and the record, we find that the Police have attempted to characterize the Petitioner as some gangster, history-sheeter or an extortionist without having an iota of evidence in that regard and even without an investigation into genuineness of complaint. Even a simple analysis and investigation of the messages and communication on record reveal that the Petitioner was alleging wrongdoings by the partners of the Developers. The Police have entirely failed to do so. It clearly appears to us that the Respondent No.2 in connivance with the Developer/ Intervener, with a view to prevent the Petitioner from pursuing his lawful remedy has falsely implicated him in the present crime by clearly con-writing a story of alleged extortion.” (Para 24)

“We find that, the learned Magistrate of the 64th Court was also responsible for the Petitioner’s wrongful detention. No reasons have been recorded for justifying continuation of remand of the Petitioner. We find that the Ld. Magistrate has failed to independently apply his mind and adopted a very casual approach, thereby causing grave prejudice to the Petitioner on account of continued entirely unlawful arrest and detention.” (Para 25)

The bench directed the State to pay the compensation within two weeks of the judgment being uploaded to the High Court’s official website. It further ordered the State to initiate strict action, including the immediate suspension of the concerned police officers, and directed the High Court Registry to place the judgment before its Administrative Committee for appropriate action against the Magistrate or Magistrates who authorised the remand.

Arrest following a property dispute

Agrwal, a resident of Walkeshwar in South Mumbai, had been appointed as the constituted attorney of his mother-in-law, Asawari K. Kulkarni, to negotiate with the developers of a housing society undergoing redevelopment. The dispute concerned the terms on which her flat would be sold or replaced following redevelopment.

According to the judgment, Agrwal was negotiating with Seth and Sonal Developers over the sale of the flat for approximately ₹1.64 crore. On August 4, 2017, the developers handed him ₹2 lakh as an advance during a meeting at their office. The police arrived shortly after he received the money, handcuffed him and took him to Azad Maidan Police Station.

The developers subsequently accused him of extortion, leading to the registration of FIR No. 243 of 2017 under Section 384 of the Indian Penal Code, which prescribed a maximum punishment of three years’ imprisonment. Agrwal was arrested on August 4 and spent six days in police custody, followed by 20 days in judicial custody. He was eventually granted bail by the Sessions Court on August 28, 2017, after being unable to secure an earlier hearing on his bail application.

Appearing in person before the High Court, Agrwal challenged the legality of his arrest and detention, alleging that the police had acted in collusion with the developers and manipulated documents to implicate him in a false extortion case.

Court exposes discrepancies in police records

The High Court’s scrutiny of the case record revealed serious inconsistencies in the police documentation, including discrepancies in the station diary entries, the FIR and the arrest form. The police claimed that a complaint against Agrwal had been lodged as early as June 23, 2017. However, the Court noted that an RTI response from the police stated that no such complaint had been received. The FIR also failed to name the complainant in the relevant record, while the charge sheet stated that a copy of the alleged earlier complaint had not been annexed.

The Court also found that the arrest form originally recorded August 5, 2017, at four places, with the date overwritten as August 4 at three of them. The arrest registration number continued to reflect August 5, exposing a discrepancy that the police had failed to explain. Other mandatory fields, including those relating to the medical examination, grounds of arrest and intimation to Agrwal’s wife, were left blank despite other records referring to these procedures.

The bench also took exception to the police having described Agrwal as a recidivist likely to abscond if released on bail, despite there being no material on record establishing criminal antecedents. The Court found these discrepancies significant and concluded that the police had attempted to construct a case portraying Agrwal as a criminal without first verifying the complaint’s genuineness. The judgment observed that the documents indicated a deliberate attempt to implicate him in a false extortion case and justify an arrest that had already taken place.

Police failed to establish why arrest was necessary

The bench found that the police had made no meaningful effort to establish why the ₹2 lakh had changed hands. Given Agrwal’s documented role as his mother-in-law’s attorney in the redevelopment negotiations, the Court held that a preliminary inquiry could have clarified the nature of the transaction. Instead, the police arrested him without adequately investigating the circumstances or establishing why custodial interrogation was necessary.

The Court held that the police had failed to demonstrate compliance with Section 41A of the Code of Criminal Procedure, which governed the notice-of-appearance procedure applicable to the case. The notice was served after Agrwal’s arrest, and there was no evidence that he had been given a genuine opportunity to comply with it before the police resorted to arrest.

Relying on the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar and Satender Kumar Antil v. Central Bureau of Investigation, the bench reiterated that the power to arrest cannot be exercised merely to question a person. Police must establish why arrest is necessary and why the investigation cannot proceed without taking the person into custody. The bench found no satisfactory justification in the record. It concluded that the arrest and subsequent remand were high-handed and arbitrary, carried out without application of mind and in violation of basic statutory safeguards.

The Court was particularly critical of the conduct of the police sub-inspector, finding that the officer had exploited his position and used the police machinery to advance the developer’s interests against Agrwal. The judgment stated that the record indicated collusion between the officer and the developer, with the apparent objective of preventing Agrwal from pursuing his lawful remedies and exposing alleged wrongdoing.

Magistrate also held responsible for unlawful detention

The Court did not confine its criticism to the police. It also held that the Magistrate of the 64th Court, Mumbai, had contributed to Agrwal’s wrongful detention by repeatedly authorising custody without adequately examining the record or recording reasons. Agrwal was remanded to police custody on August 5, 2017, with the remand continued on August 8. On August 10, he was sent to judicial custody, which continued despite the absence of cogent reasons recorded in the remand orders. His bail application was also adjourned before he eventually obtained relief from the Sessions Court.

The bench found that the Magistrate had failed to independently apply his mind and had adopted a casual approach, resulting in the continuation of an entirely unlawful arrest and detention. The Court directed the Registry to place the judgment before the High Court’s Administrative Committee for appropriate action against the judicial officers who dealt with the remand applications and bail proceedings in August 2017.

State ordered to compensate victim

Holding that the unlawful arrest had caused Agrwal substantial financial loss as well as lasting damage to his reputation and credibility, the High Court allowed his writ petition under Article 226 of the Constitution. The State has been directed to pay ₹5 lakh within two weeks. The Court also ordered the initiation of strict action against the concerned police officers, including immediate suspension, and stated that the proportionate compensation could be recovered from their salaries, if so advised.

The judgment underscores that an arrest cannot be justified merely by the registration of an FIR or the subsequent grant of remand. Police officers must comply with statutory safeguards and establish the necessity of arrest, while magistrates must independently scrutinise the grounds for detention rather than mechanically authorising custody. The petition was allowed in these terms, and the connected intervention application filed by the developer was disposed of.

The complete judgment may be read below:

Download PDF

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]]> A Mother’s Prayer for Her Son: Faith, Forgiveness and Justice https://sabrangindia.in/a-mothers-prayer-for-her-son-faith-forgiveness-and-justice/ Fri, 23 Oct 2026 10:25:46 +0000 https://sabrangindia.in/?p=49754 As parents, our hearts are deeply pained to see our beloved son, Randall Sequeira, in judicial custody. We firmly believe that he is not involved in any criminal activities. He is a doctor who has dedicated his life to serving the poor, the oppressed, the downtrodden, and the Adivasi communities who desperately need his care, […]

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]]> As parents, our hearts are deeply pained to see our beloved son, Randall Sequeira, in judicial custody. We firmly believe that he is not involved in any criminal activities. He is a doctor who has dedicated his life to serving the poor, the oppressed, the downtrodden, and the Adivasi communities who desperately need his care, compassion, and medical services.

Randall has stood beside the Adivasi people because he is deeply concerned about their lives, their health, their ancestral lands, and their future. He fears that mining activities could expose these vulnerable communities to serious health problems and deprive them of the environment and livelihoods on which they depend.

The poor and oppressed need Randall. They need their doctor, their compassionate healer, and someone who cares about their suffering. His place should be among the people he has dedicated his life to serving.

He is facing grave charges, including murder, dacoity, and offences relating to arms. As his parents, we believe these charges are false, and we pray that the truth will emerge and justice will prevail.

When Randall called us today, he said, “Sorry.” Those words touched our hearts deeply. We know how much he respects and loves us. But, my dear son, you have nothing to apologise to your parents for. Our love for you is unconditional. We are your parents, and we will continue to stand by you with all the strength that God gives us.

We do not wish ill upon anyone. We forgive everyone, even those whom we believe have wronged our son. We place our faith in God, who calls us to forgive even in our deepest pain.

Yet, forgiveness does not mean giving up our hope for justice.

“Learn to do right; seek justice. Defend the oppressed.”

Today, our only heartfelt prayer is for Randall’s immediate release, so that he may return to his medical service and continue caring for the poor, the sick, the Adivasis, and all those who have no one else to turn to.

We pray that he will receive a fair trial, that the truth will be heard, and that justice will prevail.

As parents, we may be helpless in many ways, but we are not without hope. We place our son in the hands of Almighty God, trusting Him to sustain us through this painful ordeal.

Lord, please bring our son Randall home. The poor need him. The sick need him. The oppressed need him. His family needs him. Please give us the strength to endure this suffering and the grace to forgive without losing hope for justice.

We ask everyone to keep Randall in their prayers. May God protect him, strengthen his spirit, and open the doors to his freedom.

We seek no revenge. We harbour no hatred. We ask only for truth, justice, and our son’s release.

May Almighty God hear a mother’s prayer, comfort a father’s heart, protect the Adivasi people, and bring Randall safely back to the people who need him.

Lord, let justice prevail. Let compassion triumph. Let our son come home.

Nancy Sequeira is the mother of Dr Randall Sequeira, who is in judicial custody in Odisha

Courtesy: https://countercurrents.org

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]]> SKM calls for scrapping SIR, removal of Gyanesh Kumar and restoration of voting rights https://sabrangindia.in/skm-calls-for-scrapping-sir-removal-of-gyanesh-kumar-and-restoration-of-voting-rights/ Fri, 23 Oct 2026 07:29:22 +0000 https://sabrangindia.in/?p=49748 Samyukta Kisan Morcha (SKM) sent a memorandum to the President demanding restoration of voting rights for 13.41 crore citizens, electoral reforms and action over alleged police violence against students, women journalists and protesters

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]]> On October 22, Samyukta Kisan Morcha (SKM) has called for farmers’ protest marches on October 23, demanding the scrapping of the Special Intensive Revision (SIR), the removal and prosecution of Chief Election Commissioner Gyanesh Kumar, and the restoration of voting rights for 13.41 crore citizens whose names, it alleges, were removed from electoral rolls without transparency.

In a press release issued in New Delhi on October 22, 2026, SKM said its member organisations would submit a memorandum addressed to President Droupadi Murmu through district magistrates and sub-divisional magistrates at district and tehsil centres. It also announced demonstrations at district and tehsil headquarters, state capitals and New Delhi.

The memorandum states that farmers are uniting to protect democracy and the right to vote of all citizens, and seeks the President’s immediate intervention.

Demand to scrap SIR and act against the CEC

SKM demanded the immediate annulment of SIR and accused Gyanesh Kumar of violating his constitutional pledge. It alleged that genuine citizens had been deleted from electoral rolls to help the ruling BJP retain power and that Prime Minister Narendra Modi was protecting the Chief Election Commissioner.

Demanding Kumar’s removal and prosecution, the memorandum described the situation as a constitutional standoff. It maintained that Parliament alone holds the power to formally change the rulebook and argued that the Prime Minister could not resolve the standoff without parliamentary action to remove the CEC.

Changes to the selection panel and electoral reforms

The farmers’ platform also demanded an amendment to the 2023 Act governing the selection of election commissioners. It sought the inclusion of the Chief Justice of India on the selection panel in place of the Cabinet Minister nominated by the Prime Minister.

Alongside these demands, SKM called for comprehensive electoral reforms to introduce proportional representation, curb money and muscle power, and legalise state funding of elections.

Restore Jantar Mantar as a protest site

The memorandum demanded the immediate revocation of what it described as a Delhi Police order denotifying Jantar Mantar as a designated site for peaceful protest.

SKM said the right to protest is a fundamental right and that attacks on peaceful protesters violate the Constitution and the rule of law.

Support for students and youth protesting against SIR

Expressing support for those protesting against SIR, particularly students and youth, SKM said the October 23 demonstrations would also protest the alleged suppression and torture of protesters, including young women students, in New Delhi.

The organisation accused Delhi Police personnel and people it described as criminal elements associated with the RSS-BJP of attacking protesters. It also alleged sexual harassment of women students and journalists, calling it “shocking and shameful”.

SKM warned that if attacks on protesters continued, farmers would be forced to come forward to protect them. It urged the President to ensure an investigation, the arrest of those responsible and stringent action against offenders, including police personnel and others involved.

Criticism of the judiciary

The memorandum criticised the judiciary, including the Supreme Court, for not taking suo motu cognisance of the alleged crimes against peaceful protesters in the national capital.

SKM linked this criticism to its demand for protection of the constitutional right to peaceful protest and action against those accused of violence.

Objections to alleged house arrests

SKM also raised concerns over the alleged confinement of political and social activists in their homes to prevent them from joining peaceful protests.

The memorandum asserted that no statutory law or rule explicitly permits police to keep citizens under “house arrest”. It alleged that police, acting under the direction of Home Minister Amit Shah, were entering private homes and placing activists under illegal house arrest, particularly in states governed by what it called “Double Engine Governments”.

Describing these actions as violations of fundamental rights, privacy and democratic freedoms, SKM accused the government of turning India into a “Police State”. It demanded immediate intervention to stop such actions.

The memorandum urged the President to give the demands earnest consideration and initiate appropriate steps without delay.

October 12 meeting set protest dates

At its October 12 meeting in Karnal, Haryana, SKM decided to hold protests on October 23 in support of students and youth opposing SIR.

It also announced demonstrations in New Delhi and across India on November 26, marking six years since the farmers’ struggle at the Delhi borders, and urged farmers to prepare for prolonged protests until their demands are met.

Related:

Samyukta Kisan Morcha (SKM): Demand to hold talks with real representatives of farmers

Who controls access to voter records? ECINet audit raises fresh questions

Vote for Democracy seeks answers from ECI and TCS on ECI’s electoral database access and security

Barricades and detentions fail to stop Delhi protesters marching against CEC

Protest Denied, Dissent Policed: India’s crackdown on those challenging the Election Commission

 

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]]> Dalit Class XI student dies by suicide after alleged casteist harassment in Coimbatore School https://sabrangindia.in/dalit-class-xi-student-dies-by-suicide-after-alleged-casteist-harassment-in-coimbatore-school/ Thu, 22 Oct 2026 13:02:27 +0000 https://sabrangindia.in/?p=49744 Family had reportedly complained to school management about caste-based taunts over food choices; headmaster, teacher and two students booked

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]]> A 16-year-old Dalit student, A Akilan, died by suicide at his home in Peelamedu, Coimbatore, on Wednesday, October 21, after allegedly facing repeated caste-based harassment by classmates. The police have registered a case against his school’s headmaster, class teacher and two students, following allegations that casteist abuse and the school authorities’ failure to act contributed to his death.

According to DT Next, Akilan, a Class XI student, had faced taunts from classmates over his caste and eating habits. The harassment had reportedly become so distressing that he left home last month and went to stay with a relative in Alandurai. His father, Ashok Kumar, brought him back and complained to the school management. Although the taunts reportedly stopped for a few days, they later resumed.

The FIR, as reported by South First, alleges that class teacher Vijayakumar asked students which of them ate beef. Following this interaction, two classmates allegedly subjected Akilan to casteist verbal abuse and physical assault. Akilan belonged to a Scheduled Caste community. His mother, Kousalya, has named the two students, the class teacher and headmaster Arunkumar in her complaint, alleging that the school failed to address the discrimination.

The harassment allegedly continued when Akilan returned to school after the Puja holidays on Wednesday. According to DT Next, he was subjected to caste-based taunts during the morning prayer assembly before returning home. His mother found him hanging when she returned home for lunch around 1 pm. He was taken to a nearby hospital, where he was declared dead.

Police are investigating the circumstances surrounding his death and the family’s allegations. A senior police officer told NDTV that the role of the school, the headmaster, the class teacher and others was being examined. The officer confirmed that a case had been registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The accused have also been booked under provisions relating to abetment of suicide and voluntarily causing hurt. Akilan’s body was kept at Coimbatore’s ESI Hospital for a post-mortem examination.

The case raises serious questions about the school’s response to alleged caste-based harassment, particularly after the family had reportedly approached its management. The allegations against the staff and students remain under investigation. The incident also comes amid earlier allegations of caste discrimination in Coimbatore’s schools. Last year, the principal of a private school was suspended after allegedly making a Dalit student who was menstruating sit on the stairs outside her classroom to write her examinations.

Related:

Three years after Darshan Solanki, Sahil Wakode’s death shows IIT Bombay still has no answer on caste, power and student deaths

Thirty years on, justice remains elusive for Dalits in Uttar Pradesh, Uttarakhand and Haryana

“Obnoxious and Caste-Coloured”: Supreme Court strikes down Odisha bail orders mandating cleaning work, declares them void

Understanding power through caste: Dr. Ambedkar’s contribution to the sociology of law

Beyond the ‘plum’ posting: Why the caste lens still defines bureaucratic success

 

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]]> Bikaner House censors 75 photographs of Delhi protests from Raihan Vadra’s exhibition, leaving empty walls behind https://sabrangindia.in/bikaner-house-censors-75-photographs-of-delhi-protests-from-raihan-vadras-exhibition-leaving-empty-walls-behind/ Thu, 22 Oct 2026 11:52:00 +0000 https://sabrangindia.in/?p=49738 The photographs documenting youth-led protests were removed hours before the exhibition opened, with the venue reportedly threatening cancellation

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]]> Hours before photographer Raihan Vadra’s exhibition No Idea Is Final was scheduled to open at Delhi’s Bikaner House on October 21, 75 of the 105 photographs planned for display were removed after the venue’s management objected to their political content. The photographs documented youth-led protests across Delhi over the preceding six months. By the time visitors entered the exhibition, two rooms had been stripped of most of their works, leaving behind empty red walls, exposed nails and a catalogue of photographs that the public could see on paper but not on the gallery walls.

The removal, which Vadra said was enforced under the threat of cancellation, is a disturbing instance of a cultural institution restricting the documentation of public dissent. The photographs were not being presented as inflammatory propaganda or accompanied by political slogans. They recorded protests, demonstrators and police action, capturing events unfolding in the capital. Yet their proximity to the political present was enough to make them unacceptable to the venue’s management, according to the artist.

 

In an exclusive interview with ThePrint, Vadra said Bikaner House had objected to the “political nature” of the photographs despite having approved his exhibition proposal on June 30 last year. He said the exhibition layout had also been shared with the management in advance, without objections being raised until the final hours before the opening.

“They made us take them down. We spoke to them, but they threatened that they would cancel the show if we didn’t take them down. So, there wasn’t much of an option left,” Vadra told ThePrint.

The artist said he was informed that the photographs were inappropriate given the prevailing political climate and the timing of the exhibition. The management reportedly maintained that the images violated Bikaner House’s booking policy, which prohibits political content. But the rationale raises a fundamental question: if photographs documenting protests can be excluded because the political circumstances surrounding them are considered inconvenient, what meaningful space remains for artists to record contemporary events?

Protest photographs deemed too political

Vadra’s exhibition brought together three years of photographic work, including wildlife photography, abstract pieces, street photography and documentation of youth movements. The protest photographs formed a substantial part of the collection, capturing demonstrations against issues including alleged irregularities in the NEET examination and protests against Chief Election Commissioner Gyanesh Kumar.

According to The Wire, the photographs included images of police personnel overpowering demonstrators, a man holding a copy of the Constitution and crowds participating in political demonstrations. One image reportedly featured Congress leader Rahul Gandhi amid the commotion surrounding a protest march. These were not detached images of an abstract political landscape. They documented people exercising their right to protest and the police response to demonstrations in the national capital. Their removal therefore raises concerns beyond an individual artist’s exhibition: it concerns whether public cultural spaces will permit visual records of dissent when those records intersect with politically contentious events.

Speaking to The Wire, Vadra questioned why an artist living in Delhi and witnessing the protests should be prevented from exhibiting what he had documented. “Forget the context and my background, but even as an artist who lives in Delhi and went to a lot of these protests – I can’t have a show here?” he asked.

Vadra said he had already removed photographs containing slogans and other overt political messaging because he did not want the exhibition to become a vehicle for political commentary. He maintained that the remaining photographs were visual documentation rather than an attempt to advance a political position.

A press note issued before the exhibition similarly described the photographs as documentation of protesters and armed personnel, without additional commentary, and stated that none contained derogatory or inflammatory material.

An ultimatum hours before the opening

Vadra told ThePrint that the management first contacted him on October 20, the day before the exhibition was due to open. He said the layout had already been shared with the venue a week earlier, on October 15, and that the administration had acknowledged receiving it. According to his account, the management subsequently raised objections to the photographs but did not provide a satisfactory resolution before the final hours of preparation. The principal resident commissioner of Bikaner House, Rohit Kumar, later inspected the exhibition and informed Vadra that works considered political would have to be removed.

Speaking to India Today, Vadra said the administration had objected to 75 photographs across two rooms. He recounted that he had initially asked the management to identify the specific photographs it considered objectionable and explain its concerns in writing, offering to discuss possible replacements. Instead, he said, he was warned that the exhibition would be cancelled if the works were not removed within the stipulated deadline.

Vadra and his team initially attempted to turn the photographs around, leaving the backs of the frames visible. That arrangement was reportedly rejected, and the photographs ultimately had to be taken down and placed in storage.The compressed timeline left little room for negotiation.

Vadra also told The Wire that he was informed that the Rajasthan state government had weighed in on the matter and that a consensus had been reached that photographs depicting the protests could not be displayed. Bikaner House management’s reported reliance on a prohibition against political content also raises questions about how that rule is interpreted and applied. Vadra said he had pointed to earlier exhibitions at the venue that featured political figures and questioned why his documentation of contemporary protests was being treated differently.

Even the Tricolour became a point of contention

The dispute extended beyond the protest photographs. Vadra said the management also asked him to remove two photographs featuring the Indian national flag. In a statement posted on Instagram, he wrote that the management had compelled him to remove most of the artworks and had also directed him to take down the two images of the Tricolour. He initially refused, insisting that he would not remove a photograph of the Indian flag. In his account to ThePrint, Vadra said he eventually had to comply with the venue’s demands to ensure that the exhibition could continue.

 

Congress MP Pawan Khera criticised the move, writing on X that when even the Tricolour was not safe from censorship, the problem lay not with the art but with the political establishment. He described the removal of the photographs as an example of a government seemingly threatened by the documentation of protests.

 

Congress leader Priyanka Gandhi Vadra also defended her son. As reported PTI, she criticised the removal of the photographs, arguing that they contained no derogatory commentary and simply documented events. She warned that restrictions imposed on one young artist could be extended to others.

In a separate post on X, she wrote: “When someone with power becomes afraid of the expression of another, he doesn’t know it, but he has already lost the very power he is trying to protect.”

 

 

 

Empty walls, exposed nails and a catalogue of what was censored

The physical consequences of the removal were visible throughout the exhibition. According to ThePrint, the two rooms from which the photographs were taken down were left largely bare, with exposed nails marking where the works had hung. The remaining exhibition included wildlife photographs and abstract works, while a catalogue allowed visitors to view images that the venue would not permit on its walls.

The empty spaces have become an unavoidable reminder of what the exhibition was supposed to contain. The photographs have not disappeared, but their exclusion from the gallery changes how visitors encounter the work: the public can now see a record of the images, alongside the visible evidence that they were removed.

Vadra told India Today that curtailing artistic expression was wrong and questioned the decision to remove such a large body of work simply because it might be considered objectionable. He also said he had regarded Bikaner House as a space where artists could exhibit their work freely, having held his first exhibition there in 2021 and returned in subsequent years.

“You can’t call yourself a cultural institution or a stakeholder in the arts if you’re going to curtail freedom of expression,” he told India Today.

Vadra told ThePrint that he intended to find another venue in Delhi to display the removed photographs. The exhibition is also scheduled to travel to Bengaluru in December, where he plans to show the collection. Speaking to The Wire, he acknowledged that he anticipated possible difficulties with future venues but said he remained determined to exhibit the work in the city where the protests had taken place.

“I can’t have a show here with only wildlife, just showcasing how beautiful things are. It would’ve been dishonest to myself,” he said.


Related:

CJP leaders Saurav Das, Ashutosh Ranka released on ₹50,000 bonds, undertake not to call protests at Jantar Mantar

Jamia’s Missing Students’ Union: Two decades without elections, and a protest met with rustication

UN experts condemn India’s crackdown on youth-led protests, flag 7,000 detentions and alleged sexual abuse

JNU revokes rustication of five students after hunger strike, agrees to withdraw FIRs and review CPO manual

India’s Electoral Crisis is fast becoming a civil-liberties crisis

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