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Aadhaar is a giant electronic mess, a serious threat, leads to a police state structure: Sr Advocate Divan to SC

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Aadhaar is a giant electronic mess, a serious threat, leads to a police state structure: Sr Advocate Divan to SC

Senior Advocate Shyam Divan on Wednesday (January 17) made a passionate plea to a Supreme Court constitution bench on why he thinks Aadhaar is not the best thing to have happened to India; in fact it is possibly a serious threat. He termed the entire Aadhaar programme a “giant electronic mess”.

In a speech that carried through most of the day (both before and after lunch), Divan told the bench of Chief Justice Dipak Misra and Justices A M Khanwilkar, Adarsh Kumar Sikri, D Y Chandrachud and Ashok Bhushan that Aadhaar has the potential to rob a person of his rights.

Divan was arguing on a petition by S G Vombatkere & Anr (vs Union of India & Ors. Respondents).

Before Divan, P Chidambaram had mentioned before the Chief Justice that Aadhaar had been passed as a money bill and he wanted to argue only on this aspect.

11.47 am: Divan started by saying: “There are so many regulations and notifications in this case. We have to consider them. There are so many circulars and notifications that have no connection with the main matter, but we have to look into them.”

11.51 am: The bench asked: “Are you going to challenge the Aadhaar programme first?”

Divan replied: “We have to make it clear what the purpose of the Aadhaar project is. This project came in 2009. We have to see if it constitutional or not. This project is a continuously growing project.

“We are challenging this project because of the collusion of a policy and technology. It is a giant electronic mess.”

12.00 pm: Divan also used the Kesavanand Bharti case to strengthen his case.

He said: “This project can track all the citizens and their activities. Firstly it was voluntary. The state issues a number which can be accessed by the government for tracking citizens and the state is empowered to switch it off.”

12.02 pm: He continued: “The constitution makes a balance between laws and life of citizens but the Aadhaar creates a mess between all this. Even banking is also connected, so the government can track our money expenditure and all.”

Then he listed some points such as:

– Tracking of banking and expenditure.

– Right to privacy.

– Identification of personal things like iris and fingerprints.

– Whether the Aadhaar database is secure or not for national security.

12.03 pm: Another writ petition was filed and tagged with the Aadhaar matter which refers issue of population census.

Divan continued: “Linking of Aadhaar with mobile services is also there which (the deadline) is extended till March 31.

“The iris and fingerprints are my personal identity and no one has the right to take it from me forcefully.

“On July 2, 2009 the chairman was appointed. The statute was not there at that time.”

12.08 pm: He also talked about the loopholes: “Fake Aadhaar numbers have also been generated. Several PILs were filed before the Supreme Court and this matter was transferred before constitutional bench.

“Adhaar is also used for LPG connections. The Jandhan Yojna is also linked with Aadhaar.”

12.09 pm: He pointed out that Aadhaar is voluntary so long as there was no judgment on it.

He said: “The E-KYC also came with linkage of Aadhaar. Re-verification has also come with all the existing mobile users for restricting money laundering.”

12.18 pm: There was more. He said: “S 139AA of the Income Tax Act is also connected with Aadhaar, so your bank accounts are connected, policies are connected mobiles are connected everything is connected with this.

“So the court passed an order saying linking Aadhaar with PAN is not mandatory. Even then the government said you cannot file your IT Returns without Aadhaar and PAN. Then the court saved the people from this.

“There are a large number of people who work on the field. Their rations are directly linked with Aadhaar. People are facing so much difficulty.”

12.21 pm: There were more issues, in the very collection process of the data itself, he pointed out. He said: “The biometrics are not being registered for a large number of people. And from age 15 to 18 the biometrics of a human being change. So how can it be possible to make it mandatory for those people?”

He also argued about linking Aadhaar with ration cards. He argued how someone living in a remote place can afford to get his or her ration if his or her ration card is yet to be linked to Aadhaar. That has been a long-standing issue that the government has refused to recognise. People have died because they have not been able to go to the fair price shop and give their finger prints, or could not because technical malfunctions.

12.40 pm: At this point Divan mentioned that there were Padmashree Award winners members of the national human rights committee among the petitioners. He also pointed out that there are some petitioners who worked with the group of people for national security.

12.50 pm: He continued: “They capture the fingerprints, facial and iris of individuals. These particular items are stored in the database.” He then pointed out the fallacy in this. “There are so many things which creates a bar while using these things, such as moisture, dust, tears in the eyes etc. in such cases you may be rejected. So the constitutional issue is, if I enjoy a right, where is the question of matching this?”

The hearings continued after lunch with Divan still speaking.

2.48 pm: He said: “Biometric is sensitive to everyone, like palm prints, voice etc. When you’re picking such sensitive information there should be a minimum governance. Biometrics is covered under no legislation. If we further go into the case, there is no governmental control over such gathering of sensitive information.

“Making Aadhaar mandatory at banks, work place etc. makes an individual vulnerable to surveillance. Aadhaar makes an individual tradable at all times. This is infringing his fundamental right. Electronic trail would be left with the Central government about information regarding the whereabouts of an individual. This would lead to aggregation of power. It leads to a police state structure. Is it even permissible to have such an architecture? It will soon become a surveillance society, the pace at which it is going on currently. Government, by transgression, is becoming dominating.”

3.01 pm: Then he hit at the heart of the matter: “Now we have a fundamental right to privacy, everything that happened between 2009 and 2016 should be nullified.

3.16 pm: The respondent (the government) in its  affidavit has submitted that Aadhaar gives people with no documentation an identity. About this Divan said: “Only 2,19,000 people registered in that particular category where Aadhaar was their first identity card.

3.43 pm: “Registrations were denied on technical grounds where biometrics of the people applying at a later stage were closely similar to people already registered. It is contended that such problems will grow as the number of registrations will create an anomalous situation.”

4pm: P Chidambaram came in with his arguments on the specific issue (the money bill) he wanted to talk about. He said: “Irregularity and illegality are two different things. If the Speaker certifies that a bill is a money bill then the Rajya Sabha becomes helpless.”

At that one of the counsels of the petitioner submitted: “No court should object if the speaker certifies, according to Parliament Act (UK) 1911.”

At that point the court was adjourned to Thursday.

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Mohanlal’s Stephen returns in fearsome form in L2: Empuraan Teaser

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Mohanlal as Stephen Nedumpally in the teaser of L2: Empuraan

The much-anticipated teaser for L2: Empuraan, the second chapter of the planned trilogy directed by Prithviraj Sukumaran, has been unveiled, offering a glimpse of a darker, more brutal narrative. Starring Malayalam cinema legend Mohanlal, the film continues the story of Stephen Nedumpally, also known as Khureshi Ab’raam, a character that mesmerized audiences in Lucifer.

The teaser debuted at a grand event attended by the film’s key players, including Mohanlal, Prithviraj, and Mammootty, who released the teaser in style. Clocking in at 143 seconds, the preview immediately sets a grim tone, beginning in Qaraqosh, a war-torn town in Iraq. The atmosphere is tense, underscored by the chilling phrase, “Death to the Evil.”

One of the standout moments in the teaser recalls PK Ramdas (Sachin Khedekar) advising Priyadarshini (Manju Warrier) in the first film: “If one day you feel everything is falling apart and I’m not around, the only person you can turn to is Stephen.” This sentiment reverberates through the teaser as it shifts to Stephen’s iconic black Ambassador car, now layered with dust—an ominous sign of his long absence.

The suspense builds as a voice declares, “He leads the most powerful mercenary group in Asia,” introducing audiences to Stephen’s transformation into a figure commanding immense influence and fear. The teaser’s climactic moments highlight Mohanlal’s commanding return as Khureshi Ab’raam, warning of the perils of dealing with the devil.

Star-Studded Cast and Stellar Crew

Joining Mohanlal in this cinematic spectacle are Manju Warrier, Indrajith Sukumaran, Tovino Thomas, and others reprising their roles from Lucifer. The film also features Saniya Iyappan, Saikumar, Baiju Santhosh, Fazil, and Sachin Khedekar in key roles.

The story, penned by Murali Gopy, is brought to life with the expertise of cinematographer Sujith Vaassudev, editor Akhilesh Mohan, and composer Deepak Dev, whose score amplifies the teaser’s intensity.

As the teaser hints at power struggles, deceit, and vengeance, L2: Empuraan sets the stage for an explosive continuation of this gripping saga, leaving fans eagerly awaiting its release.

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MSBTE Result 2025 declared: Maharashtra diploma winter exam results now available online

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MSBTE Result 2025 announcement for Winter Diploma exams

The Maharashtra State Board of Technical Education (MSBTE) has officially announced the results for the Winter 2024 diploma exams. Students who appeared for these exams, held in December 2024, can now access their results on MSBTE’s official website, msbte.org.in.

To check the MSBTE Winter Exam Result 2025, candidates must have their enrollment or seat numbers ready. The results are accessible via a direct link available on the website.

Steps to check MSBTE 2025 results:

  1. Visit the official MSBTE website: msbte.org.in.
  2. Navigate to the “Examination” section and click on “Winter 2024 Exam Result.”
  3. Enter your enrollment number or seat number in the required fields.
  4. Click on the “Show Result” button to view your marksheet.
  5. Download and save the PDF for future reference.

Details mentioned on the MSBTE Winter Diploma results:

The MSBTE Winter Diploma Marksheet 2025 includes the following information:

  • Student’s name
  • Register number
  • Course name
  • Marks obtained in each subject
  • Subject codes and names
  • Total marks
  • Maximum marks
  • Result status (Pass/Fail)

The announcement is crucial for diploma students across Maharashtra as it determines their academic progress and eligibility for future courses or career opportunities.

Students are advised to verify all details on their marksheets and contact the board in case of discrepancies. For further updates, visit the official MSBTE website.

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JPC clears Waqf Amendment Bill with 14 changes, Opposition cries foul

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The Waqf Amendment Bill is poised for a final vote on January 29 in the Joint Parliamentary Committee. The committee had been tasked with reviewing the bill by November 29, which was then extended to February 13, approved 14 changes to the draft. The 44 amendments proposed by the Opposition were rejected by its chairman BJP MP Jagadambika Pal.

The Opposition had accused the BJP of bias in several sittings of the committee leading to the suspension of several MPs, including Kalyan Banerjee of Trinamool Congress and Asaduddin Owaisi of the AIMIM, both vocal critics of the Bill.

The Opposition MPs had also written to Speaker Om Birla against Pal, saying he was rushing the Bill to gain political mileage ahead of the Delhi Assembly election due to be held on February 5.

Earlier, reports had said Banerjee had broken a glass during a verbal altercation while in deliberations with BJP MP and former Calcutta HC judge Abhijit Gangopadhyay.

The Bill aims to reform Waqf Board administration, mandating the inclusion of non-Muslim and women members. The Central Waqf Council’s composition would also change, incorporating a Union minister, MPs, ex-judges, and individuals of national repute, regardless of religious affiliation. Crucially, the Council’s land acquisition powers would be removed. A controversial clause restricts donations to Muslims practicing their faith for at least five years, prompting concerns about religious freedom.

While proponents claim the bill empowers Muslim women and children, critics, including the Congress and the DMK, allege it infringes upon Articles 15 and 30 of the Constitution, which guarantee freedom of religion and the right of minorities to administer educational institutions. The final report is expected by January 31.

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