Connect with us

Blog

Supreme Court judges: Democracy is in danger pointing to partisan behaviour of Chief Justice of India

Published

on

Supreme Court Judges

In an unprecedented move, four top Supreme Court judges have come out in open sharply criticising the way in which the judicial appointments are being made and selective distribution of cases is being done in a skewed fashion and when they intimated their grievances to the Chief Justice of India Dipak Misra, he acted in a partisan manner.

In the first ever new conference by sitting judges, They warned that democracy is under threat.

The Supreme Court’s four senior-most judges – Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurien Joseph – said that the administration of the Apex court ” is  not in order”

In a letter to the Chief Justice that was made public, the four judges underlined that an independent judiciary is essential for a functioning democracy. “We don’t want wise men saying 20 years from now that Justice Chelameswar, Gogoi, Lokur and Kurian Joseph sold their souls and didn’t do the right thing by our Constitution,” Justice Chelameswar said.

The most significant thing in their grievances was the selective assignment of cases in the Supreme Court to the benches of their preference without any rational basis for such assignment. The Honnourable judges even went on to record in their letter that there are other matters which they will raise later.

Their main aim is to preserve the independence and integrity of Judiciary which is the pillar of the democracy. In other words, the doctrine of Separation of Powers has been implicitly recognised by the Indian Constitution. .They has also pointed out that this debate is being addressed to the nation and not the government. This comes as a big embarrassment to the BJP ruled government at the centre. The Honourable Judges have also specifically highlighted  The long silence of the Government of India to the Memorandum of Procedure that was finalised by the Supreme Court.

Prime Minister Narendra Modi on November 27 failed to comprehend the spirit of the Constitution while “describing the  Legislature, Judiciary and Executive as the members of the same family.”

Congress President Rahul Gandhi stated “important issues have been raised by the four Supreme Court judges. This has never happened before…Even Justice Loya’s death needs to be investigated properly by the apex court judges. All citizens who love the idea of justice are looking at this issue and it needs to be addressed.”

Meanwhile, the Honourable Judges referred to the PIL concerning the death of Judge Loya, which the family of Judge Loya believes was under suspicious circumstances. judge B. Loya, who died in December 2014 who was hearing case that accused Bharatiya Janata Party President Amit Shah of ordering extrajudicial killings when he served as home minister under Modi in the state of Gujarat. Shah has since been acquitted of those charges.

In September  Justice Jayant Patel resigned as a judge of the Karnataka high court .Justice Patel directed a CBI investigation into the Ishrat Jahan fake encounter case (when Narendra Modi was the chief minister of Gujarat)when he was the acting chief justice of the Gujarat high court. Another Justice CS Karnan was the first sitting high court judge in India to face a jail term.The former judge was found guilty of making allegations against fellow judges

The incident will have far reaching consequences as it will damage the reputation of India as a functioning democracy.

Blog

Aadhar, a surveillance program of Indians by government

The Aadhar project was launched for welfare of the people but it has been transformed into a surveillance program infringing upon the civil liberties of Indian citizens thus endangering freedom.

Published

on

Aadhar Card Enrollment Center

Aadhar is currently being debated a lot for massive amount of biometric data being breached by the hackers but the most crucial factor is the intrusion into the privacy of Indian citizens that infringes on the civil liberties of an individual from income to expenditure, from financial investments to properties and tracking of the citizens which is unconstitutional.

Aadhar was introduced in 2009 for the sole purpose of transferring the benefits of the government to the beneficiary thus removing the hassles of middle man.But now the Modi government is exploiting the use of Aadhar by bringing the Indian citizens finances under the government scanner. This has instilled fear among the citizens.

The government is incapable of ensuring safety of biometric data and there have been scores of incidents where the massive amount of data was leaked. Modi government compelled to use Aadhaar-enabled Payments System (AePS), and made it mandatory for numerous purposes for bank account, pan card etc.

The Aadhaar project has a vulnerability to identity fraud, even identity theft as fingerprints impressions can be reproduced. For instance a kidnapper can force the hostage for his fingerprints and withdraw the amount from his bank account thus facilitating crime.

Sr Advocate Shyam Diwan submitted that “there are so many regulations and notifications in this case.” Now, the rural population of India is unaware of the loopholes of Aadhar card and there is likelihood of bank fraud.

Another point is that it is also linked with ration so who has not Aadhar cannot take ration because she’s living in a remote area.

The re-verification have also came with all the existing mobile users for stricting the use of money laundering.In India, where several people are unable to afford one meal a day, how they will afford a mobile phone for having the Aadhar card.

There are scores of people who never filed their IT return or opened their bank accounts and neither have Aadhar cards.senior advocates Shyam Diwan argued that Aadhar is also connected with 139AA of income tax act thus connecting your bank accounts, policies and mobile number.

Diwan had argued in the Supreme Court in April 2017 that gathering of biometric information violates bodily integrity Further, the giving of biometrics is associated with crime.

LPG connection, The Jandhan Yojna is also linked with Aadhar. Diwan submitted that “It is also mentioned that the Adhar is voluntary till there is no judgment on it. “Bench said are you going to challenge the Aadhar programme first? Advocate Diwan stated “We have to make it clear that what is the purpose of Aadhar project”

This project can track all the citizens and their activities. Firstly it was voluntary. And state issues a number and those numbers can be accessed by government for tracking citizens and the state is empowered to switch it.

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

The constitution makes a balance between laws and life of citizens but the Aadhar creates a mess between all this. Even banking is also connected so government can track our money expenditure and all.

There are some points which is there:
*Tracking banking and expenditure
*Right to privacy
*Identification of personal things like iris and fingerprints
*Adhar database is secure or not for national security

The Aadhar project was launched for welfare of the people but it has been transformed into a surveillance program infringing upon the civil liberties of Indian citizens thus endangering freedom. First, Modi government tarnished the country’s image by saying that demonetisation will hurt the black money owners, in a way showing that corrupt money is in circulation in India itself and not stashed abroad in safe havens. Now, Aadhar is being used to scrutinize Indians.

arti2-150x150

By: Arti Bali

Senior Journalist

Continue Reading

Analysis

Haj 2018 likely to be costlier, but not because of subsidy abolition

Union Minority Affairs Minister Mukhtar Abbas Naqvi on Tuesday announced the abolition of Haj subsidy from this year.

Published

on

Haj 2018

Haj 2018 is likely to be costlier than last year but not because of the abolition of subsidy that the government announced on Tuesday.

The cost is likely to go up thanks to rise in expenses incurred in Saudi Arabia during the Haj such as accommodation, transport, food and the like. Notably, the government subsidy did not cover these expenses and was limited to the airfare.

Haj Committee of India (HCI) Chairman Mehboob Ali Kaiser told IANS that it was bargaining hard with Saudi authorities to keep the cost in check but local factors may result in the rise of Haj expenses this year.

In 2017, the HCI charged Rs 200,000 for Haj with ordinary accommodation (Azizia) and Rs 234,000 for deluxe accommodation (Green), which is closer to the Haram in Mecca.

Image result for haj 2018

“Over the last year, the electricity tariff in Saudi Arabia has shot up three times. Also, the petrol prices have doubled. The accommodation cost is also going up. These factors may result in a hike in the total Haj cost this year,” Kaiser said.

At this point, it is difficult to predict the final cost to each pilgrim for Haj 2018, he added.

“It will be unfair to expect the same costs for everything in Saudi Arabia after a threefold rise in electricity prices and doubling of petrol prices. Secondly, the Saudis are cussed bargainers and we have to really haggle hard with them for every riyal.

“Nevertheless, we are trying our best and bargaining hard with them to ensure that the cost does not go up drastically,” Kaiser said.

Union Minority Affairs Minister Mukhtar Abbas Naqvi on Tuesday announced the abolition of Haj subsidy from this year.

Kaiser said that the HCI “knew it was coming and were sort of mentally prepared for it”.

“In any case, the withdrawal of subsidy will not affect the airfares from major cities such as Mumbai, Delhi, Ahmedabad and Bengaluru — but fares from smaller embarkation points such as Srinagar, Gaya may go up. But people from these states may now embark from any other place from where fares are low, such as Mumbai, Delhi or Ahmedabad,” he added.

However, in the coming years, the Haj cost is expected to come down as the Indian government is already working in the direction of reviving the sea route to Jeddah.

Naqvi said that the government has already taken active steps in this direction and once it is implemented, the fares would come down drastically.

Giving the genesis of the Haj subsidy, senior Congress leader Ghulam Nabi Azad said that it started in the 1980s (when Azad was a member of HCI) when the ships which were used to ferry the Haj pilgrims started ageing.

“The government was not disposed to spend money to buy new ships due to budget constraints. So, it was decided to fly the pilgrims to Jeddah. But the airfares were four times higher than the ship’s fare. So the government decided to cover some of the cost through a subsidy,” Azad said.

The sea route was discontinued in 1995.

(Mohd Asim Khan can be contacted at [email protected])

Continue Reading

Blog

Islamabad-Delhi DGMO level talks under study as ISIS increases footprints in Pakistan

Published

on

India-Pakistan

After US President Donald Trump’s severe criticism of Pakistan’s double standards in combating terrorism, Islamabad is considering growing Indo-Israel defence cooperation as a threat to regional peace.

As per the media reports, Pakistan is thinking whether to resume confidence building measures including the DGMO-level talks with India for reducing tensions along the Line of Control. The new development comes a day after Pakistan said four of its soldiers died and five others injured in cross-border firing by Indian troops across the LoC. The Indian Army, however, said seven Pakistani soldiers were killed in its retaliatory firing.

Pakistan-India DGMOs had last met four years ago at Wagah. The Wagah meeting took place after a break of 14 years.Pakistan is concerned and watching Israel Prime Minister Benjamin Netanyahu’s six-day tour of India very minutely, who discussed with India ways to strengthen security cooperation against the menace of Islamist extremism that both democracies faced.

Already terror groups operating in the region including Al Qaeda and ISIS are taking advantage of the bitter battle between Pakistan civilian government with Indian government and Afghanistan government.

Islamic State has intensified its presence in Pakistan and there is an increased convergence between its fighters particularly in areas along the country’s border with Afghanistan, the Pakistan Institute for Peace Studies (PIPS) think tank stated in their report.

U.S. President Donald Trump’s decision of suspending an estimated $1 billion in security aid for Pakistan over harbouring terrorist groups such as Afghan Taliban, al-Qaeda and the Haqqani network.

It will be tough for Pakistan to counter terrorism as the entire scenario has become more challenging.

Image result for Dana W. White said

Pentagon Chief Spokesperson Dana W. White

Pentagon Chief Spokesperson Dana W. White said “ISIS is a broken, and has been fractured. But the work still continues. So anti-ISIS coalition are going to continue our operations because we ultimately have to ensure that we have the conditions on the ground .”

Joint Staff Director Lt. Gen. Kenneth F. McKenzie Jr. stated “There are two dimensions. First is the physical caliphate in the central Euphrates River Valley. And, certainly, we’re coming to — we’re coming to probable closure on that.Although, I think it’s difficult to forecast the way military events are going to turn. We seem to be having some success there, with our allies and partners. But I’m not going to — I wouldn’t put a timeline on that.”

Further added, “There’s also an enduring global element to it, the franchisement, if you will, of ISIS. Even though they’ve failed as a caliphate, there are global — global manifestations of their brand that we see pop up.”

White said, “US believe that Pakistan has the ability to address this threat. And we — and this is an opportunity for them to take decisive action, and we look forward to working with them to — to encourage them to do so.”

American Gen. John Nicholson, the top commander of U.S. and NATO troops in Afghanistan had stated in November that ISIS-K is recruiting from the Tehreek-e-Taliban Pakistan,”. About 1,000 ISIS jihadists are in Afghan provinces that border Pakistan, including “600 to 800” in Nangarhar, considered the group’s primary bastion in the region.

Recently there have been attacks in Afghanistan that were claimed by ISIS and worried over the increasingly volatile situation, Afghan Defense Minister Dawlat Waziri said he would seek Iran’s assistance in cracking down on the ongoing insurgency in the war-torn state.

arti2-150x150

By: Arti Bali

Senior Journalist

Continue Reading

Most Popular