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Citizens don’t have absolute rights over their body, says Centre in Supreme Court

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Aadhaar-PAN linkage: Finance ministry exempts residents of 3 states, the elderly, foreign citizens

[vc_row][vc_column][vc_column_text]The apex court is hearing three petitions challenging the constitutional validity of an amendment made in the Income Tax law during Parliament’s Budget Session that forces people to link their Aadhaar to their PAN card.

Defending the Centre’s move to link  the Aadhaar numbers to PAN cards, the Narendra Modi government told Supreme Court on Tuesday that concerns over the breach of citizen’s privacy due to use of Aadhar were “bogus”.

Attorney General Mukul Rohatgi described the drive to link Aadhar with the permanent account number (PAN) mandatory as a move to fight terrorism and black money.
“It (Aadhaar) is an effective tool to check terror financing and black money. It ensures that money meant for poor people reaches them…The idea is that burden on honest people who pay tax should not be made unbearable for them,” Rohatgi told the bench of Justice AK Sikri and Justice Ashok Bhushan.

The top court is hearing three petitions challenging the constitutional validity of an amendment made in the Income Tax law during Parliament’s Budget Session that forces people to link their Aadhaar with their PAN card.

Rohatgi said that too many unnecessary issues have been raised on the government collecting biometrics for Aadhaar. He said finger prints and photographs were taken earlier too for passports but the difference this time was that it was not on paper but in an electronic medium. He also argued that the government was entitled to collect a person’s details if it was providing some facility.

“The arguments on so-called privacy and bodily intrusion are bogus,” Rohatgi said, adding, “one cannot have an absolute right over his or her body.”

“Can the petitioners today say that they do not have any mobile phone, credit card, driving licence, passport or other identification and they live in the Himalayas?” he added.

To this argument, the bench, which would hear the arguments in the matter on Wednesday, said, “Here, it is not about social welfare scheme. It is about income tax.”

Two years ago, the Centre had replied to concerns on the privacy breach due to Aadhaar saying there were conflicting judicial rulings if privacy was considered a fundamental right. Then the apex court had decided to refer the issue to a constitutional bench but ordered the government to use Aadhaar for selective purposes.

The BJP-led Centre pushed a law in 2016 through Parliament, classified as a money bill, to give itself the power to make Aadhaar mandatory. The classification as a money bill is being said to have been made so that the Lok Sabha, where the party has an overwhelming majority can reject any changes made by the Rajya Sabha, where the BJP doesn’t enjoy such brute majority.[/vc_column_text][/vc_column][/vc_row]

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Lok Sabha elections: INDIA bloc in Bihar seals seat-sharing deal, Congress get 9 seats, RJD 26

Purnea and Katihar, currently held by the Janata Dal (United), had emerged as the sticking point in seat-sharing talks between the Rashtriya Janata Dal (RJD) and the Congress for the 40 Lok Sabha seats in Bihar.

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The Opposition INDIA bloc sealed the seat-sharing deal in Bihar for 2024 Lok Sabha elections. The Mahagathbandhan’s largest constituent, RJD will field its candidates from 26 seats, including Purnea and Hajipur, while the Congress will contest on nine seats, including Kishanganj and Patna Sahib. Meanwhile, the Left will fight on five seats.

Purnea and Katihar, currently held by the Janata Dal (United), had emerged as the sticking point in seat-sharing talks between the Rashtriya Janata Dal (RJD) and the Congress for the 40 Lok Sabha seats in Bihar.

Reportedly, the Congress has been made to give up the Purnea Lok Sabha seat, which recent entrant Pappu Yadav, husband of Rajya Sabha MP Ranjeet Ranjan, was hoping to contest, mentioning that he had received assurance of Congress ticket from Rahul Gandhi and Priyanka Gandhi.

The seat will be contested by RJD, which recently gave the party ticket to JD(U) turncoat Bima Bharti, but stopped short of announcing it formally. The INDIA bloc seat-sharing announcement comes a day after the filing of nomination papers for the first phase of Lok Sabha polls was over. The RJD has fielded its candidates in all four seats going to elections in the first phase.

Earlier, Tejashwi Yadav attended an INDIA bloc meeting regarding Bihar’s seat-sharing formula at Congress leader Mukul Wasnik’s residence and said that the RJD, the Congress and the Left will fight the Lok Sabha elections together in Bihar. He added that the INDIA bloc partners have agreed verbally on the seat-sharing arrangement and all the constituents are getting a respectable deal. Tejashwi Yadav’s remarks came amid reports of disquiet in the Indian National Developmental Inclusive Alliance in Bihar over seat sharing.

In the previous Lok Sabha elections, the National Democratic Alliance, including the BJP, JD(U) and LJP won 39 seats. The first phase of the Lok Sabha elections is scheduled for April 19.

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Tax terrorism has to stop, says Congress after Income Tax Department issues fresh Rs 1,700 crore notice

The Congress has accused the BJP of squeezing it financially and of using tax authorities against it ahead of Lok Sabha elections beginning April 19.

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Ahead of the Lok Sabha election, the Congress’ financial woes worsened once again with the Income Tax Department issuing a fresh Rs 1,700 crore notice. The tax department issued the notice due to discrepancies in tax returns. 

The fresh notice is for assessment years 2017-18 to 2020-21 and includes penalty and interest. This comes a day after the Delhi High Court dismissed the party’s petition challenging the tax notices. 

The opposition party is already facing a funds crunch after Income Tax authorities imposed a penalty of Rs 200 crore and froze its funds. Furthermore, the party has not received any relief from the High Court in the case and is likely to approach the Supreme Court. The Congress has accused the BJP of squeezing it financially and of using tax authorities against it ahead of Lok Sabha elections beginning April 19.

Addressing a press conference, Congress MP Jairam Ramesh said that the notices are being sent to cripple the party financially. Calling the action as tax terrorism, Jairam Ramesh said that this attack on Congress has to stop.

Earlier in February, the Income Tax department had found fault in the party’s tax returns and demanded Rs 200 crore. Subsequently, the Income Tax Appellate Tribunal (ITAT) had asked the party to pay the dues and froze their accounts. The Congress stated the tax tribunal’s order freezing its funds was an attack on democracy as the order came just ahead of the Lok Sabha elections.

AICC general secretary K C Venugopal stated that this is a deliberate attempt by the Narendra Modi-led to bankrupt the Congress ahead of elections. He mentioned that the timing of the penalty notice, following the Delhi High Court’s dismissal of Congress petitions challenging tax reassessment proceedings, reeks of political vendetta.

He underlined that while political parties are typically exempt from taxes, this penalty is allegedly due to delayed filing of returns. He asserted that it is a blatant move by the Modi government to cripple the Congress financially, especially during the elections. He further asserted that in response to the notice, the Congress plans to stage a nationwide protest, condemning BJP’s exploitation of central agencies to target opposition parties. 

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Akhilesh Yadav, Mayawati, Tejashwi Yadav mourns demise of Mukhtar Ansari, demand probe

Akhilesh Yadav mentioned that such doubtful cases should be investigated under the supervision of a Supreme Court judge.

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Mukhtar Ansari, gangster turned politician, who has been in jail since 2005, died due to cardiac arrest on Thursday. After Ansari’s death, his family alleged that the politician had been poisoned in the jail.  

Expressing sorrow, several opposition leaders demanded a probe into the death of Mukhtar Ansari. Notably, the gangster turned politician submitted an application in Barabanki court, alleging he was given some poisonous substance along with his food. He claimed that on March 19, his nerves and limbs started paining after he consumed the food.

Former Deputy Chief Minister of Bihar, Tejashwi Yadav wrote on X that a few days ago Mukhtar Ansari complained that he had been poisoned in jail, yet it was not taken seriously. He added that prima facie the move does not seem justifiable and humane. He stated that constitutional institutions should take suo motu cognizance of such strange cases and incidents.

Former Chief Minister of Uttar Pradesh and Samajwadi Party Chief, Akhilesh Yadav said that the state is going through the worst phase of government anarchy. He added that it is the responsibility and duty of the government to protect someone’s life in every situation and at every place. 

The former Chief Minister added that the death of a hostage or prisoner while being confined in the police station, in a fight inside the jail, on falling ill inside the prison, while being taken to court, while being taken to hospital or during treatment in hospital will erode public confidence in the judicial process. He mentioned that such doubtful cases should be investigated under the supervision of a Supreme Court judge. He claimed that the way the government bypasses the judicial process and adopts other methods is completely illegal. 

Taking to social media platform X, Bahujan Samaj Party supremo Mayawati said that the persistent apprehensions and serious allegations made by Mukhtar Ansari’s family regarding his death in jail require a high-level investigation so that the facts in his death can be revealed. 

AIMIM leader Asaduddin Owaisi said that the people of Ghazipur lost their favourite son and brother. He added that Mukhtar Ansari had made serious allegations against the administration that he was poisoned, but the government did not pay any attention to his treatment.

Congress spokesperson Surendra Rajput stated that custodial deaths and firing in jail has become very common in Uttar Pradesh. He added that high level investigation should be conducted.

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