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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”.

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Jammu & Kashmir: 5 soldiers killed after Army vehicle plunges into gorge in Poonch

“Today at around 17:40 hrs (5.40 pm), an Army vehicle of 11 Maratha Light Infantry, which was on its way from from Nilam headquarters to Balnoi Ghora Post along the LoC, met with an accident near Ghora Post,” said officials.

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Five soldiers lost their lives and several others were injured when an Army vehicle veered off the road and fell into a deep gorge in the Balnoi area of Mendhar, Poonch district, Jammu and Kashmir, on Tuesday, according to officials.

The incident occurred as the vehicle, part of the 11 Madras Light Infantry (11 MLI), was traveling from Nilam Headquarters to Balnoi Ghora Post. Reports indicate that the vehicle plunged approximately 350 feet into a steep gorge near its destination.

Upon learning of the accident, the Quick Reaction Team from 11 MLI rapidly mobilized to the scene to initiate rescue operations. The injured personnel received immediate medical attention, and efforts are currently underway to evacuate them for further treatment.

In a message on X, the White Knight Corps expressed their deep condolences for the tragic loss of five courageous soldiers, stating, “All ranks of #WhiteKnightCorps extend their deepest condolences on the tragic loss of five brave soldiers in a vehicle accident during operational duty in the #Poonch sector. Rescue operations are ongoing, and the injured personnel are receiving medical care.”

“Today at around 17:40 hrs (5.40 pm), an Army vehicle of 11 Maratha Light Infantry, which was on its way from from Nilam headquarters to Balnoi Ghora Post along the LoC, met with an accident near Ghora Post,” said officials.

This incident follows a similar accident last month, where one Army personnel died and another was injured when their vehicle skidded off the road and fell into a gorge in Rajouri district, Jammu and Kashmir. This crash, which occurred on November 4 near Badog village in Kalakote, resulted in Naik Badri Lal and Sepoy Jai Prakash suffering critical injuries; Lal ultimately succumbed to his injuries while in treatment.

On November 2, another tragedy struck when a vehicle skidded off a hilly road in Reasi district, claiming the lives of a woman and her 10-month-old son, while three others sustained serious injuries.

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Over 350 Himachal Pradesh roads shut amid snowfall, 4 dead

Meanwhile, post-monsoon rainfall from October 1 to December 24 has shown a deficit of 92% of the normal level of 70.4 mm.

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In Himachal Pradesh, a significant snowfall in the past 24 hours has resulted in four fatalities and the shutdown of approximately 700 electric transformers along with over 350 roads, including three national highways. This has left around 500 vehicles stranded, among which are more than 300 buses.

The snowfall, which began yesterday, has been recorded in various districts such as Kinnaur, Lahaul and Spiti, as well as the higher elevations of Shimla, Kullu, Mandi, Chamba, and Sirmaur.

On a positive note, the situation has attracted a large number of tourists heading to Shimla and nearby areas in hopes of enjoying a white Christmas. According to MK Seth, president of the Shimla Hotel and Tourism Stakeholders’ Association, hotel occupancy in the historic town has exceeded 70%, 30% higher than usual.

Tragically, four individuals lost their lives in accidents over the last day, with several others injured due to vehicles skidding in hazardous conditions. Key national highways connecting Attari to Leh, Sanj to Aut in Kullu, and Khab Sangam in Kinnaur to Gramphoo in Lahaul and Spiti are currently blocked.

Among the affected areas, Shimla has the highest number of closed roads, totaling 89, followed by Kinnaur with 44 and Mandi with 25. The State Emergency Operation Centre reported that 683 transformers are inactive, leaving some regions without electricity.

Authorities have urged tourists to follow the advice of district officials and police, heed local guidance, and avoid driving on snowy roads. Khadrala experienced the highest snowfall, receiving 24 cm, followed by Sangla with 16.5 cm, and Shillaro at 15.3 cm. Other areas such as Chopal and Jubbal recorded 15 cm each, while Kalpa received 13.7 cm, Nichar 10 cm, Shimla 7 cm, Pooh 6 cm, and Jot 5 cm.

Manali and Dalhousie suburbs also saw snowfall since Monday, with light rain experienced in parts of the mid and lower hills. An intense cold wave is affecting the lower hills of Mandi, while cold conditions are noted in Una and Chamba.

The Meteorological Office reported dense, moderate, and shallow fog in Bilaspur, Sundernagar, and Mandi. An ‘orange’ warning has been issued for severe cold in Bilaspur, Una, Hamirpur, and Mandi, and a ‘yellow’ warning for dense fog in areas around the Bhakra dam reservoir and Balh Valley in Mandi until Thursday.

The coldest recorded temperature was in Kukumseri, Lahaul and Spiti, at minus 6.9 degrees Celsius. Meanwhile, post-monsoon rainfall from October 1 to December 24 has shown a deficit of 92% of the normal level of 70.4 mm.

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Delhi Pollution: GRAP 4 revoked in capital, NCR as air quality improves

The GRAP 4 measures were implemented in Delhi after the air quality index (AQI) hit alarming levels on 16th December 2024

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Delhi Pollution: GRAP 4 revoked in capital, NCR as air quality improves

The Commission for Air Quality Management (CAQM) today revoked Stage 4 of the Graded Response Action Plan (GRAP) across Delhi and the National Capital Region (NCR). Nonetheless, measures under stages 1, 2, and 3 will remain in force to manage pollution levels. The GRAP 4 measures have been in effect in the entire NCR since December 16 after deterioration in air quality. 

This move follows after the Central Pollution Control Board (CPCB) reported an Air Quality Index (AQI) of 401 at 8 AM. The AQI on Monday fell into the severe category, measuring 403 at 7 am. Reportedly, AQI in several areas of the national capital was also recorded as ‘severe.’

Reports said, Anand Vihar recorded an AQI at 439, 456 at Ashok Vihar, 473 at Bawana, 406 at CRRI Mathura Road and 430 at Narela. Notably, an AQI between 0-50 is considered good, 51-100 is satisfactory, 101-200 is moderate, 201-300 is poor, 301-400 is very poor, and 401-500 is severe.

The GRAP 4 measures were implemented in Delhi after the air quality index (AQI) hit alarming levels on 16th December 2024. The Air Quality Index breached the 350 mark during the day, prompting the GRAP Sub-Committee to implement Stage-III measures. On the same day, by 10 PM, the AQI soared to 401, surpassing the severe plus category threshold. According to the Supreme Court instructions, Stage-IV measures were immediately introduced to tackle the crisis.

The apex court had earlier mandated precautionary measures, requiring Stage-III actions for AQI above 350 and Stage-IV for AQI exceeding 400. These directions were reiterated on 5th, 12th, and 19th December 2024, underlining the urgency to address Delhi’s air pollution.

As Delhi continues to battle hazardous air quality, the intensified measures under GRAP Stages I, II, and III will focus on curbing pollution sources and improving monitoring. Furthermore, residents are urged to remain cautious and adhere to guidelines issued by the authorities to mitigate the impact of air pollution on health and daily life.

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