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



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.

India News

Gunshots fired outside Salman Khan’s Galaxy Apartment in Bandra, Mumbai Police investigates

A firing incident took place outside Salman Khan’s home in Bandra today, and investigation is currently underway.



Early in the morning, gunshots were heard outside Salman Khan’s Bandra house. An unidentified person fired a gun into the air while riding a bike about five in the morning. Police are currently looking into the matter and conducting searches.

It has been reported that two men fired bullets outside Salman’s Galaxy Aparetment at around 5:00 am. A gunshot fire was found close to the air conditioner mounted on the wall beside it. An investigation has been launched by Mumbai Police to identify the gunman. The forensic team and the crime branch also arrived at the location.

However, there are currently no reports of injuries. The security around Salman Khan’s home has been inxcreased, according to the police. On the other side, the Bandra Police Station has received an official complaint (FIR) against unidentified attackers. DCP has also arrived at the location. Images of the two suspects who opened fire at Salman’s house on the bike appeared. In the images, the two accussed can be seen wearing helmets to prevent identification. Salman’s home has CCTV installed, and the image was taken using it.

This is not the first time that Salman Khan has been attacked or threatened. Several people have threatened to kill him. Gangster Lawrence Bishnoi had planned ahead of time to use his goons to attack the Bollywood actor. The man who was given the idea to kill Salman Khan is none other than Naresh Shetty, the mentor of mobster Kala Jathedi and the most important person in Bishnoi’s gang.

In addition, mobster Sampat Nehra had set up camp in Mumbai for a few days in order to attack Salman Khan. Not only that, but after escaping, infamous mobster Kala Jathedi also made Mumbai his home. At one point or another, all of these mob figures resided in Mumbai’s Vaasi area.

Meanwhile, on the occasion of Eid, Salman Khan frequently waves to his followers from the balcony of his first-floor Galaxy Apartment.

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India News

Lok Sabha elections 2024: BJP releases manifesto Sankalp Patra in presence of PM Modi, focuses on women, poor and youth

The BJP released its manifesto or Sankalp Patra, with tagline Modi ki Guarantee, for the Lok Sabha election 2024



At the party headquarters in New Delhi on Sunday, April 14, the Bharatiya Janata Party unveiled their manifesto, or Sankalp Patra, for the Lok Sabha election of 2024, with the slogan Modi ki Guarantee. The manifesto was presented in the presence of Prime Minister Narendra Modi, party president JP Nadda, and other senior leaders.

The day marks on the anniversary of the birth of BR Ambedkar, a notable Dalit leader who drafted the Indian Constitution. A 27-member committee to draft the party’s manifesto, led by Defence Minister Rajnath Singh, was constituted by the BJP and convened twice to discuss its contents. Ahead of this, the party conducted several campaigns on social media and sent out vans across the nation to get recommendations from the public.

The four pillars of Viksit Bharat—women power, youth power, farmers, and the poor—are the core of the manifesto, according to the prime minister. The PM said that the manifesto emphasizes both the quantity and quality of opportunities, as well as the dignity of life and quality of life.

According to the PM, the government will prioritize installing piped gas in every home and provide free solar-powered electricity.

A five-year extension of the Centre’s free ration system was promised in the manifesto. To stabilize prices and safeguard the plates of the impoverished, the government said it will concentrate on achieving self-sufficiency in the production of vegetables, edible oils, and pulses. It stated that every home will have access to drinking water and that the Ayushman Bharat scheme and the PMAwas Yojana would be increased.

As per the BJP manifesto, farmers would still receive Rs 6,000 in annual support, and the crop insurance program will be strengthened with the use of technology. According to the manifesto, the government will keep raising the minimum support price for crops on a regular basis, establish new clusters for the production of necessities, and construct more storage facilities.

JP Nadda, speaking to the media, outlined the accomplishments of the BJP government during its ten years in office. He restated that the central campaign slogan of the BJP, Modi ki guarantee, is a guarantee that all guarantees will be fulfilled.

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Rameshwaram Cafe blast: Karnataka Home Minister reveals how police inputs helped NIA arrest accused

The blast at the cafe occurred during lunch hour on March 1 at around 1 pm, which left 10 people injured



Karnataka Home Minister G Parameshwara said on Saturday that inquiry teams were attempting to determine whether the two suspects in the Rameshwaram cafe blast who were detained by the NIA had any connections to other terrorist groups. He also praised the state police for their contributions, some of which resulted in their arrest. Meanwhile, the suspects have been placed in 10-day police custody on remand.

The Karnataka police and the NIA have both performed incredibly well. In the beginning, they obtained all of the CCTV footage and monitored one of the accused, which helped in their arrest, he said.

The minister disclosed how the NIA was able to arrest the accused, which was possible because of a tip from the police.

He said the police shared very good inputs with the NIA, like the cap the accused was wearing, which was purchased from Chennai, and the telephone number he had given in the shop.

According to G Parameshwara, the services were also looking for connections between them and other crimes related to terrorism. He said that they might be attempting to flee from West Bengal to Bangladesh, where they were apprehended by the NIA.

He said the team is investigating the real motive behind the blast and their involvement with other terror outfits (ISIS), as these two (accused) are supposed to be involved in the earlier Shivamogga blast and kept running for three to four days ahead of getting arrested in this case, Parameshwara stated.

Since they were apprehended in West Bengal, a state that shares a border with Bangladesh, it’s possible that they wanted to leave the country. However, currently, they don’t have any precise information on this. He continued, They will discover in due course if there is someone assisting from that side (Bangladesh).

Meanwhile, the blast at the cafe occurred during lunch hour on March 1 at around 1 pm, which left 10 people injured. On March 3, the NIA took over the case from the police and announced a reward of Rs 10 lakh for any information regarding the two accused.

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