The Evening Wrap: SC refuses to interfere with Bombay HC order granting Sudha Bharadwaj bail

The Supreme Court on Tuesday refused to interfere with a Bombay High Court order granting default bail to advocate Sudha Bharadwaj in the Bhima Koregaon case, paving the way for her release from jail after a span of two years. A Bench of Justices U.U. Lalit, S. Ravindra Bhat and Bela M. Trivedi declined the arguments made by the NIA that the High Court on December 1 erred in concluding that the Pune Sessions Court, which took cognisance of its charge-sheet and extended the period of her detention under Section 43D(2) of the Unlawful Activities Prevention Act (UAPA), had no jurisdiction in the case. The Sessions Court was not notified as a Special Court under the NIA Act, the High Court had noted. The default bail order of Bharadwaj comes into effect from December 8. She has to appear before the Special Court on Wednesday for a hearing on the conditions of her bail. “We find no reason to interfere,” Justice Lalit said in the order. During the hearing, Justice Lalit said the moot question was whether the court that extended the detention was competent or not. “Within 90 days, you have to complete the investigation, unless you can show reasons not to have completed,” Justice Lalit said. The High Court had, in its order, upheld Bhardwaj’s indefeasible right to personal liberty. It had said the guarantee of personal liberty under Article 21 (right to life) of the Constitution cannot be thwarted on technical grounds that her plea for default bail was premature. That would be a “too technical and formalistic view of the matter”. The High Court had, however, denied bail to Rona Wilson, Varavara Rao, Sudhir Dhawale, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira in the case. They are lodged in Taloja Central Jail. Bharadwaj was taken into custody by the Pune police in August 2018. The charge-sheet was filed in February 2019. Nagaland calls off major ongoing festival amid shutdown in Mon Nagaland’s Mon district observed a shut down on Tuesday to protest against the killing of 14 civilians by the security forces while the State Government called off a major ongoing festival as a mark of respect to the deceased. The Government also decided to write to the Centre to immediately repeal the Armed Forces (Special Powers) Act, 1958, from the State. The Act, deemed draconian, is said to give the armed forces the licence to kill. Government spokesperson and Planning Minister Neiba Kronu said the Cabinet, at an emergency meeting in Kohima on Tuesday, discussed the botched ambush by an elite force in Mon’s Oting village on December 4. “The Cabinet decided that the special investigation team headed by an IGP should complete its probe into the Mon incident and submit its report within a month. It also decided to write to the Government of India for repealing the AFSPA immediately from the State,” he told journalists. He said the Cabinet had decided to cancel the ongoing Hornbill Festival in view of the mourning announced for the deceased and to express solidarity with the bereaved families. The 10-day annual marque festival that attracts tourists from all over began on December 1, marking the day Nagaland attained statehood in 1963. The Tourism Department has been asked to wind up the festival — barring the entrepreneurial activities — with a short, solemn closing ceremony. Kronu said two persons injured in the Mon incident were still in a critical condition in a hospital in Dibrugarh and six others are under treatment in Dimapur while 22 persons have been discharged. “Further, we have decided to support the demands that the Konyak Union has put forward to the President of India,” he said. The Konyak Union, apex body of the dominant Naga tribe in Mon, had imposed the district bandh on Tuesday to protest against the “massacre” and its violent aftermath besides the scrapping of the AFSPA. The union also declared seven-day mourning across the district from Wednesday and asked the armed forces to abstain from patrolling in the Konyak region during this period. In a letter to President Ram Nath Kovind, the union demanded the identification and booking of all Army personnel involved in the incident. “The action taken against the erring soldiers should be put in the public domain within a month,” it said. The union asked the President to ensure two members from the Eastern Nagaland Peoples’ Organisation (ENPO) in an independent team under a competent investigation agency for probing the incident. Declaring non-cooperation against the armed forces, the union said all units of the 27 Assam Rifles must vacate the Mon district for failing to provide security to the citizens. It accused the security forces of defying the ENPO’s declaration of December 18, 2007, forbidding bloodshed in the areas under the jurisdiction of the organisation. The ENPO areas are inhabited by six Naga communities. Samyukt Kisan Morcha discusses Home Ministry letter accepting most of the farmers’ demands The Samyukt Kisan Morcha (SKM) has received a letter from the Union Ministry of Home Affairs, which accepts most of their pending demands. The Centre’s offer was discussed during the SKM leadership’s meeting at the Singhu border on Tuesday. A few sticking points remain, and the SKM’s five-member committee has been asked to iron out these details with the Government by Wednesday afternoon. The SKM will meet again at 2:00 p.m., at which time a final decision on whether to withdraw the agitation will be announced. Several leaders sounded confident that the agitation will end at that time, as their major demands have been accepted. However, others objected to the Centre’s condition that cases against protesting farmers will be withdrawn only after the agitation is called off. There is also a lack of clarity on the mandate of the Government’s proposed committee on MSP, and whether it will be empowered to discuss a legal guarantee. The letter specifically mentions that SKM leaders will be part of the committee, but there are fears that others opposing MSP may also be included, sources said. The Centre’s failure to dismiss Minister of State for Home Amit Mishra Teni is also another bone of contention. The in-principle assurance that States will provide compensation to the kin of protesting farmers who died during the agitation was welcomed as a positive move. Protests: Centre, farmers seek adjournment of hearing on ‘blocking highways’ in Supreme Court Citing “changed circumstances”, the Centre and the farmers’ side came together in the Supreme Court on Tuesday to postpone the hearing of a plea to remove farmers “blocking” the highways to the National Capital. “On the lighter side, it is good to see Solicitor General Tushar Mehta [for the Centre] and advocate Prashant Bhushan [for farmers] on the same side,” Justice S.K. Kaul said granting the adjournment. Though both sides did not elaborate, the “changed circumstances” may be the repeal of the three controversial farm laws by Parliament. The court deferred the hearing to January. The hearing on Wednesday was in stark contrast to earlier ones which had seen verbal clashes between the opposing sides. In the previous hearing, the farmers’ side had blamed the State for deliberately blocking the roads to turn public sentiments against them. They had urged for permission to enter Ram Lila Maidan and Jantar Mantar in the heart of the Capital to continue their protests against the laws. Mehta had reminded the court about the Red Fort violence in January which had left several hundreds injured and others killed. The court had reiterated its position that the right to protest should not hamper the right to movement of the public. The farmers had argued that the right to protest was a fundamental right and the roads were blocked by the police. CEO fires over 900 employees during a webinar in U.S. An Indian-origin CEO of a U.S.-based homeownership company, Vishal Garg, abruptly fired more than 900 employees, about 9% of its workforce over a webinar, citing market efficiency, performance and productivity as the reasons behind the move. “If you’re on this call, you are part of the unlucky group that is being laid off,” he said on the call. “Your employment here is terminated effective immediately,” Garg said. The CEO informed more than 900 employees on call that they were being terminated just before the holidays. He then said employees could expect an email from the Human Resource department, detailing benefits and severance. “Having to conduct layoffs is gut-wrenching, especially this time of year,” CFO Kevin Ryan said in a statement. “However, a fortress balance sheet and a reduced and focused workforce together set us up to play offense going into a radically evolving homeownership market,” he said. Meanwhile, Fortune reported that Garg accused the employees of “stealing” from their colleagues and customers by being unproductive and only working two hours a day. “This is the second time in my career I’m doing this and I do not want to do this. The last time I did it, I cried,” Garg said on the call. Among those fired were the diversity, equity and inclusion recruiting team. Covid Watch: Numbers and Developments The number of reported coronavirus cases from India stood at 3,46,48,398 at the time of publishing this newsletter, with the death toll at 4,73,758. Evening Wrap will return tomorrow. [logo] The Evening Wrap 07 DECEMBER 2021 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Supreme Court refuses to interfere with Bombay HC order granting Sudha Bharadwaj bail The [Supreme Court on Tuesday refused to interfere with a Bombay High Court order]( granting default bail to advocate Sudha Bharadwaj in the Bhima Koregaon case, paving the way for her release from jail after a span of two years. A Bench of Justices U.U. Lalit, S. Ravindra Bhat and Bela M. Trivedi declined the arguments made by the NIA that the High Court on December 1 erred in concluding that the Pune Sessions Court, which took cognisance of its charge-sheet and extended the period of her detention under Section 43D(2) of the Unlawful Activities Prevention Act (UAPA), had no jurisdiction in the case. The Sessions Court was not notified as a Special Court under the NIA Act, the High Court had noted. The default bail order of Bharadwaj comes into effect from December 8. She has to appear before the Special Court on Wednesday for a hearing on the conditions of her bail. [A view of the Supreme Court of India. File]  “We find no reason to interfere,” Justice Lalit said in the order. During the hearing, Justice Lalit said the moot question was whether the court that extended the detention was competent or not. “Within 90 days, you have to complete the investigation, unless you can show reasons not to have completed,” Justice Lalit said. The High Court had, in its order, upheld Bhardwaj’s indefeasible right to personal liberty. It had said the guarantee of personal liberty under Article 21 (right to life) of the Constitution cannot be thwarted on technical grounds that her plea for default bail was premature. That would be a “too technical and formalistic view of the matter”. The High Court had, however, denied bail to Rona Wilson, Varavara Rao, Sudhir Dhawale, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira in the case. They are lodged in Taloja Central Jail. Bharadwaj was taken into custody by the Pune police in August 2018. The charge-sheet was filed in February 2019. [underlineimg] Nagaland calls off major ongoing festival amid shutdown in Mon [Nagaland’s Mon district observed a shut down on Tuesday to protest against the killing of 14 civilians]( by the security forces while the State Government called off a major ongoing festival as a mark of respect to the deceased. The Government also decided to write to the Centre to immediately repeal the Armed Forces (Special Powers) Act, 1958, from the State. The Act, deemed draconian, is said to give the armed forces the licence to kill. Government spokesperson and Planning Minister Neiba Kronu said the Cabinet, at an emergency meeting in Kohima on Tuesday, discussed the botched ambush by an elite force in Mon’s Oting village on December 4. [Placards and black flags are put up at the venue of Hornbill festival in solidarity with the civilians, killed in an anti-insurgency operation, in Kisama, Nagaland, Sunday, Dec. 5, 2021.]  “The Cabinet decided that the special investigation team headed by an IGP should complete its probe into the Mon incident and submit its report within a month. It also decided to write to the Government of India for repealing the AFSPA immediately from the State,” he told journalists. He said the Cabinet had decided to cancel the ongoing Hornbill Festival in view of the mourning announced for the deceased and to express solidarity with the bereaved families. The 10-day annual marque festival that attracts tourists from all over began on December 1, marking the day Nagaland attained statehood in 1963. The Tourism Department has been asked to wind up the festival — barring the entrepreneurial activities — with a short, solemn closing ceremony. Kronu said two persons injured in the Mon incident were still in a critical condition in a hospital in Dibrugarh and six others are under treatment in Dimapur while 22 persons have been discharged. “Further, we have decided to support the demands that the Konyak Union has put forward to the President of India,” he said. The Konyak Union, apex body of the dominant Naga tribe in Mon, had imposed the district bandh on Tuesday to protest against the “massacre” and its violent aftermath besides the scrapping of the AFSPA. The union also declared seven-day mourning across the district from Wednesday and asked the armed forces to abstain from patrolling in the Konyak region during this period. In a letter to President Ram Nath Kovind, the union demanded the identification and booking of all Army personnel involved in the incident. “The action taken against the erring soldiers should be put in the public domain within a month,” it said. The union asked the President to ensure two members from the Eastern Nagaland Peoples’ Organisation (ENPO) in an independent team under a competent investigation agency for probing the incident. Declaring non-cooperation against the armed forces, the union said all units of the 27 Assam Rifles must vacate the Mon district for failing to provide security to the citizens. It accused the security forces of defying the ENPO’s declaration of December 18, 2007, forbidding bloodshed in the areas under the jurisdiction of the organisation. The ENPO areas are inhabited by six Naga communities. [underlineimg] Samyukt Kisan Morcha discusses Home Ministry letter accepting most of the farmers’ demands The [Samyukt Kisan Morcha (SKM) has received a letter from the Union Ministry of Home Affairs]( which accepts most of their pending demands. The Centre’s offer was discussed during the SKM leadership’s meeting at the Singhu border on Tuesday. A few sticking points remain, and the SKM’s five-member committee has been asked to iron out these details with the Government by Wednesday afternoon. The SKM will meet again at 2:00 p.m., at which time a final decision on whether to withdraw the agitation will be announced. Several leaders sounded confident that the agitation will end at that time, as their major demands have been accepted. However, others objected to the Centre’s condition that cases against protesting farmers will be withdrawn only after the agitation is called off. There is also a lack of clarity on the mandate of the Government’s proposed committee on MSP, and whether it will be empowered to discuss a legal guarantee. The letter specifically mentions that SKM leaders will be part of the committee, but there are fears that others opposing MSP may also be included, sources said. The Centre’s failure to dismiss Minister of State for Home Amit Mishra Teni is also another bone of contention. The in-principle assurance that States will provide compensation to the kin of protesting farmers who died during the agitation was welcomed as a positive move. [underlineimg] Protests: Centre, farmers seek adjournment of hearing on ‘blocking highways’ in Supreme Court Citing “changed circumstances”, the [Centre and the farmers’ side came together in the Supreme Court on Tuesday]( to postpone the hearing of a plea to remove farmers “blocking” the highways to the National Capital. “On the lighter side, it is good to see Solicitor General Tushar Mehta [for the Centre] and advocate Prashant Bhushan [for farmers] on the same side,” Justice S.K. Kaul said granting the adjournment. Though both sides did not elaborate, the “changed circumstances” may be the repeal of the three controversial farm laws by Parliament. The court deferred the hearing to January. The hearing on Wednesday was in stark contrast to earlier ones which had seen verbal clashes between the opposing sides. In the previous hearing, the farmers’ side had blamed the State for deliberately blocking the roads to turn public sentiments against them. They had urged for permission to enter Ram Lila Maidan and Jantar Mantar in the heart of the Capital to continue their protests against the laws. Mehta had reminded the court about the Red Fort violence in January which had left several hundreds injured and others killed. The court had reiterated its position that the right to protest should not hamper the right to movement of the public. The farmers had argued that the right to protest was a fundamental right and the roads were blocked by the police. [underlineimg] CEO fires over 900 employees during a webinar in U.S. An [Indian-origin CEO of a U.S.-based homeownership company, Vishal Garg, abruptly fired]( more than 900 employees, about 9% of its workforce over a webinar, citing market efficiency, performance and productivity as the reasons behind the move. “If you’re on this call, you are part of the unlucky group that is being laid off,” he said on the call. “Your employment here is terminated effective immediately,” Garg said. The CEO informed more than 900 employees on call that they were being terminated just before the holidays. He then said employees could expect an email from the Human Resource department, detailing benefits and severance. “Having to conduct layoffs is gut-wrenching, especially this time of year,” CFO Kevin Ryan said in a statement. “However, a fortress balance sheet and a reduced and focused workforce together set us up to play offense going into a radically evolving homeownership market,” he said. Meanwhile, Fortune reported that Garg accused the employees of “stealing” from their colleagues and customers by being unproductive and only working two hours a day. “This is the second time in my career I’m doing this and I do not want to do this. The last time I did it, I cried,” Garg said on the call. Among those fired were the diversity, equity and inclusion recruiting team. [underlineimg] Covid Watch: Numbers and Developments The number of reported coronavirus cases from India stood at 3,46,48,398 at the time of publishing this newsletter, with the death toll at 4,73,758. [underlineimg] Evening Wrap will return tomorrow. Today's Top Picks [[Watch | Why homegrown apples could die out in India] Watch | Why homegrown apples could die out in India]( [[‘The Matrix Resurrections’ trailer 2: Neo still remembers kung fu] ‘The Matrix Resurrections’ trailer 2: Neo still remembers kung fu]( [[A united Opposition without Congress? | Talking Politics with Nistula Hebbar] A united Opposition without Congress? | Talking Politics with Nistula Hebbar]( [[The Oting killings, Naga insurgency, and AFSPA | In Focus podcast] The Oting killings, Naga insurgency, and AFSPA | In Focus podcast]( Copyright @ 2021, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( If you do not wish to receive such emails [go here](