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Surveillance order: Supreme Court notice to Modi govt seeks reply in six weeks

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Surveillance order: Supreme Court notice to Modi govt seeks reply in six weeks

The Supreme Court today (Monday, Jan 14) issued a notice to Narendra Modi government on a clutch of petitions challenging its Dec 20 notification authorising 10 central agencies to intercept, monitor and decrypt information generated, transmitted or stored on any computer in India.

The top court bench of Chief Justice of India (CJI) Ranjan Gogoi and Justices Ashok Bhushan and SK Kaul directed the Centre to respond to the notice within six weeks.

However, the top court, which had earlier denied an early hearing in the case, refused to grant an interim stay on the implementation of the controversial surveillance order.

According to the notification, the subscriber or service provider or any person in charge of the computer resource will be bound to extend all facilities and technical assistance to the agencies and failing to do will invite seven-year imprisonment and fine.

The 10 agencies notified under the new order are the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, the Central Board of Direct Taxes (for Income Tax Department), Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, the Research and Analysis Wing, Directorate of Signal Intelligence (in service areas of J-K, North East and Assam) and Delhi Police.

Earlier, the government had authorised agencies to tap phone calls but after permission from the Home Secretary. The order was last updated in 2011 and enables agencies to get into social media accounts and telephone intercepts.

The Union Ministry of Home Affairs has now authorised the agencies to intercept information under section 69 (1) of the Information Technology Act, 2000

“For the first time, powers of scanning data at rest have been given to various agencies. Earlier, only data in motion could be intercepted. But now data revived, stored and generated can also be intercepted as powers of seizure have been given,” a senior bureaucrat had explained to NDTV.

This means not just calls or emails, but any data found on a computer can be intercepted. The agencies will also have powers to seize the devices.

The home ministry has authorised the agencies to intercept information under 69 (1) of the Information Technology Act, 2000 which says the central government can direct any agency after it is satisfied that it is necessary or expedient to do so in the “interest of the sovereignty or integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognisable offence relating to above or for investigation of any offence”.

The government had come under fire for its order with the Opposition accusing the Centre of running a “police state”.

However, the Central government said the rules for intercepting and monitoring computer data were framed in 2009 when the Congress-led UPA was in power and its new order only notified the designated authority which can carry out such action.

At least four petitions have been moved before the Supreme Court challenging the snooping order on grounds that it violates an individual’s right to privacy and also the apex court’s landmark privacy verdict.

The petitions by lawyer Shreya Singhal, her co-petitioner and Trinamool Congress lawmaker Mahua Moitra, Supreme Court lawyer ML Sharma and others alleged that the government’s order is against the fundamental right to privacy and must be cancelled in the interest of justice.

Advocate Manohar Lal Sharma has sought that the notification be quashed and alleged that the government’s motive behind the order was “to find political opponent, thinker and speaker to control entire country under dictatorship to win coming general elections under an undisclosed emergency as well as slavery which cannot be permitted within the Constitution of India (sic)”.

The plea termed the notification “illegal, unconstitutional and ultra vires to the law.” He also sought to prohibit the agencies from initiating any criminal proceedings, enquiry or investigation against anybody under the provisions of the IT Act based on the notification.

The petition alleged that the notification gives the state the right to access every communication, computer and mobile and “to use it to protect political interest and object of the present executive political party.”

A separate petition filed by advocate Amit Sahni says the directive issued by the Ministry of Home Affairs is “undemocratic and an assault on fundamental rights of the citizens of India”.

2024 Lok Sabha Elections

Arvind Kejriwal says BJP started Operation Jhaadu to crush AAP

The Delhi chief minister alleged BJP has started Operation Jhaadu so that they do not grow big and become a challenge to them

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Arvind Kejriwal says BJP started Operation Jhaadu to crush AAP

Delhi chief minister Arvind Kejriwal on Sunday alleged BJP has started Operation Jhaadu to crush the Aam Aadmi Party since its popularity among the people is rising too fast. Kejriwal was addressing Aam Aadmi Party workers at the party office in New Delhi where he claimed the AAP’s bank accounts would be frozen after elections and they will be brought on the roads and left without an office.

The Delhi chief minister alleged BJP has started Operation Jhaadu so that they do not grow big and become a challenge to them.  He further added that through Operation Jhaadu, AAP’s big leaders will be arrested; they are being arrested, and in the coming days, Aam Aadmi Party’s bank accounts will be frozen.

Kejriwal pointed out that ED’s lawyer has already given this statement in court that soon after the election, AAP’s bank accounts will be frozen. He said that if they freeze their accounts now, then AAP will get sympathy. As a result after the election, ED will freeze AAP’s bank accounts. He said AAP’s party office will be cleared out, and the party will be brought to the streets.  Kejriwal said these are the 3 plans made by the BJP.

The Delhi chief minister claimed that no gold or money has been recovered from him, and the BJP, by creating false cases has got AAP leaders arrested. Kejriwal recalled that since the time he came to power in 2015, many allegations had been against him by the BJP. He said after the liquor policy scam has happened people are asking them if the scam happened then where is the money. He pointed out that in other places, when raids happen, notes and gold are recovered, but here nothing was found. Kejriwal asked the people that where is all the money? He said BJP had made fake cases and arrested AAP leaders.

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2024 Lok Sabha Elections

PM Modi says Congress is the mother of corruption, party was involved in coal and 2G scams

PM Modi said, Congress and JMM know nothing about development and their only job is to speak lies, loudly, again and again, and everywhere, their only objective is to do an the X-ray of poor people’s wealth and steal it.

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PM Modi says Congress is the mother of corruption, party was involved in coal and 2G scams

Prime Minister Narendra Modi addressed an election rally in Jharkhand’s Jamshedpur on Sunday (May 19) amid the ongoing Lok Sabha Elections 2024.  While addressing the election rally in Jamshedpur PM Modi said, people’s excitement told him what result will come on June 4 in Jamshedpur.

He recalled the time when he used to work as a BJP party worker for many years and used to ask people at that time they would come at 10 or 11 am to attend an election rally. But today he was witnessing a huge crowd here. The prime minister thanked all of them and said Lok Sabha election decides and strengthens the future of the country.

During a public rally in Jamshedpur, PM Modi said, Congress and JMM know nothing about development and their only job is to speak lies, loudly, again and again, and everywhere, their only objective is to do an the X-ray of poor people’s wealth and steal it. He further accused the Congress and JMM of snatching the reservation of SC and ST and the party leaders of the two parties are continuously abusing Modi every day. He asked if they are not able to think beyond this? He said the whole country has realised their truth.

PM Modi said, Congress and their ally parties, wherever they have governments, he challenged those chief ministers and this is not his political statement. The prime minister said Congress’s Shehzada keeps opposing business industries, businessmen and investments.

 PM Modi asked which businessman will go and invest in those states? What will happen to the youths of those states?  He said all investors who come to him and say that they would not go to these states because of their ideology against them. He said businessmen are verbally abused there and investors are forced to think that since Shehzada has this kind of thoughts, his ally parties would have the same thoughts as well. PM Modi added Congress is the mother of corruption and party was involved in coal and 2G scams as well

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2024 Lok Sabha Elections

Rahul Gandhi says Kejriwal will vote for Congress and he will vote for AAP

Gandhi said that if the prime minister comes in front of him, he would ask him questions about crony capitalism, unemployment, inflation, and farm issues.

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Rahul Gandhi says Kejriwal will vote for Congress, and he will vote for AAP

Congress leader Rahul Gandhi was addressing an election rally on Saturday where he said that Arvind Kejriwal will vote for a Congress candidate and that he will vote for an AAP candidate in Delhi in the ongoing Lok Sabha elections as a mark of strong bond between the two allies.

He further added workers of Congress and of AAP to work together to ensure the victory of their alliance in all 7 Lok Sabha seats in the national capital. In his address, Gandhi also challenged Prime Minister Narendra Modi for a debate concerning the issues of India. The Congress leader said he is ready to debate with PM Modi whenever and wherever he wants, but he was confident that PM Modi would not come.

Notably, former Supreme Court judges Madan B Lokur and Ajit P Shah and senior journalist N Ram had written to Gandhi and PM Modi recently and invited them to a platform for a debate on the key Lok Sabha election issues. Gandhi said that if the prime minister comes in front of him, he would ask him questions about crony capitalism, unemployment, inflation, and farm issues.

The Wayanad MP said in his address that PM Modi has only worked for 22-25 people. He asked small businessmen from Chandni Chowk, what PM Modi had done for them? He said demonetization, GST, and other taxes had impacted small businessmen. He said billions of rupees of Adani and Ambani had been waived off. Gandhi said BJP is privatising railways and other PSUs as well.

The former Congress president questioned the prime minister about introducing the now-scrapped electoral bond scheme and further accused him of extorting money with the help of central agencies such as the Enforcement Directorate (ED). Gandhi reffered to Delhi as the Brotherhood Capital and said that if people work together with love, there is progress.

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