Aadhaar Programme Will Hollow Out Constitution: Petitioners To Top Court

Agencies
January 18, 2018

New Delhi, Jan 18:  Terming Aadhaar as "an electronic leash", a senior lawyer on Wednesday told the Supreme Court that the government could completely destroy an individual by "switching off" the 12-digit unique identifier number.

The argument was made before a five-judge Constititution bench headed by Chief Justice Dipak Misra which commenced hearing on a batch of petitions challenging the constitutional validity of the government's flagship Aadhaar programme and its enabling Act of 2016.

However, the bench, also comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, countered senior advocate Shyam Divan, asking whether the state "cannot say that it has every right to find out the number of schools, children or the real beneficiaries of a welfare scheme and verify the real beneficiaries of huge funds which it is spending, it needs Aadhaar number. This is a valid argument."

It posed whether the government does not have the right to say that it was spending crores of rupees on welfare schemes and needed to verify whether benefits reached the needy and the leakages or pilferage of resources stopped.

The bench also asked what will happen to the biometric data collected before the Aadhaar Act, 2016 -- whether they will be destroyed if the petitioners challenging the validity of the Aadhaar programme succeeded.

Mr Divan, who opened arguments on behalf of petitioners, said that through a succession of "marketing stratagems" and by employing "smoke and mirrors", the government has rolled out a "little understood" programme that seeks to "tether every resident of India to an electronic leash".

"This leash is connected to a central database that is designed to track transactions across the life of the citizen. This record will enable the State to profile citizens, track their movements, assess their habits and silently influence their behaviour. Over time, the profiling enables the State to stifle dissent and influence political decision making," he argued.

Mr Divan said that "the State is empowered with a 'switch' by which it can cause the civil death of an individual. Where every basic facility is linked to Aadhaar and one cannot live in society without an Aadhaar number, the switching off of Aadhaar completely destroys the individual."

He said the petitioners are certain that if the Aadhaar Act and the programme were allowed to operate "unimpeded", it would "hollow out" the Constitution, particularly the great rights and liberties it has assured to its citizens.

Mr Divan is representing several petitioners like former Karnataka High Court judge Justice KS Puttaswamy, several activists Aruna Roy, Shantha Sinha and veteran CPI(M) leader VS Achuthanandan.

Mr Divan, who argued through the day and would continue his submissions tomorrow, said "a person cannot avail the facility of a welfare scheme, if the finger prints do not match the templates set by UIDAI," he said, adding that for seven years, biometric data of individuals were collected without any legal framework but only on executive orders.

Moreover, over three crore citizens have not been able to register their biometric data, he said and asked how can the government exclude such a big part of the population who could not be registered without any fault on their part, from availing benefits.

Mr Divan contended that at its core, Aadhaar alters the relationship between the citizen and the State and diminishes the status of the citizen.

Observing that the case at hand was unique as the programme was itself without any precedent, the senior lawyer said "no democratic society has adopted a programme that is similar in its command and sweep. There are few judicial precedents to guide us. The closest foreign cases have all been decided in favour of the citizens, repelling the invasive programmes by the State."

He said this case was about a new technology that the government has sought to deploy and a new architecture of governance has been built on this technology.

A people's Constitution will transform into a State Constitution, Mr Divan said and asked whether the Constitution allowed the State to embrace this new programme or whether the key document repudiates "the giant electronic mesh that Aadhaar was creating."

He also expressed concern over extending the Aadhaar platform to private corporations, the degree of tracking and extent of profiling will "exponentially increase".

"Rights freely exercised, liberties freely enjoyed, entitlements granted by the Constitution and laws are all made conditional. Conditional on a compulsory barter. The barter compels the citizen to give up her biometrics 'voluntarily', allow her biometrics and demographic information to be stored by the State and private operators and then used for a process termed as 'authentication'," he said.

Mr Divan said the Constitution balances rights of an individual against the State interest and "Aadhaar completely upsets this balance and skews the relationship between the citizen and the State...".

"The Constitution is not a charter of servitude. Aadhaar, if allowed to roll out unimpeded reduces citizens to servitude," Mr Divan said.

Just before the end of the hearing, he said that if Aadhaar Act is upheld, then in the alternative, no citizen should be deprived of any right or benefit for lack of an Aadhaar card.

The top court had on December 15 last year extended till March 31 the deadline for mandatory linking of Aadhaar with various services and welfare schemes of all ministries and departments of the Centre, states and union territories.

A nine-judge constitution bench of the top court had last year, held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

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Agencies
April 14,2020

Mumbai, Apr 14: Activist and scholar Anand Teltumbde was arrested by the National Investigation Agency (NIA) on Tuesday after he surrendered before it in connection with the Elgar Parishad-Maoist links case.

Teltumbde surrendered at the NIA office at Cumbala Hill in south Mumbai following the Supreme Court's directives.

He was subsequently arrested by the NIA and shall be produced before a court here shortly, an official said.

Earlier, the scholar reached the NIA office in the afternoon along with his wife Rama Teltumbde and brother-in- law and Dalit leader Prakash Ambedkar.

Anand Teltumbde is the grandson-in-law of Dalit icon Dr B R Ambedkar, whose 129th birth anniversary is being observed on Tuesday.

Civil rights activist Gautam Navlakha, a co-accused in the case, also surrendered before the NIA in Delhi. His anticipatory bail plea was also rejected by the apex court.

According to the official, Navlakha will be produced before the court in Mumbai through video conference.

The Supreme Court on March 17 this year rejected the pre-arrest bail pleas of Anand Teltumbde and Gautam Navlakha, and directed them to surrender before the investigating agency.

Teltumbde, Navlakha and nine other civil liberties activists have been booked under the stringent provisions of Unlawful Activities Prevention Act (UAPA) for having alleged Maoist links and conspiring the overthrow the government.

The apex court while rejecting Teltumbde and Navlakha's bail pleas on March 17, directed them to surrender before the prosecuting agency withing a period of three weeks.

The duo later sought extension of the time.

On April 9, the Supreme Court extended the time by one week by way of last chance.

The activists were booked initially by Pune Police following violence that erupted at Koregaon-Bhima there.

According to police, the activists made inflammatory speeches and provocative statements at the Elgar Parishad meet held in Pune on December 31, 2017, which triggered violence the next day.

The police also said these activists were active members of banned Maoist groups.

The case was later transferred to NIA. Teltumbde and Navlakha were given interim protection by the Bombay High Court while their pre-arrest bail pleas were being heard.

After the high court rejected their applications, the duo approached the Supreme Court.

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News Network
February 4,2020

New Delhi, Feb 4: Uttar Pradesh Chief Minister Yogi Adityanath on Monday accused Arvind Kejriwal of having a "partnership" with Pakistan and appealed to the people in Delhi to not vote for the AAP chief as it will make Pakistan happy.

Ramping up his attack on the Shaheen Bagh protest, Adityanath said that the protest against the Citizenship Amendment Act (CAA) is merely an excuse for people to vent their anger against the scrapping of Article 370.

"You must have seen their partnership on 370. Arvind Kejriwal used to speak in the same voice as Imran Khan on Article 370. You must have heard it.

"Now when elections are taking place in Delhi, who is speaking in favour of Arvind Kejriwal? It is the ministers of Pakistan. They are aware that Kejriwal is feeding 'biryani to protesters at Shaheen Bagh'," he said, referring to Pakistan minister Fawad Chaudhry's tweet asking Indians to defeat Prime Minister Narendra Modi.

Adityanath addressed three rallies on Monday in the national capital ahead of assembly elections.

"Will Pakistan decide who Indians should vote for. If voting for Kejriwal will make Pakistan happy, should it be done," he asked at a rally in Mehrauli.

Adityanath said his Delhi counterpart Kejriwal has become a "toy in the hands of anti-social and anti-India elements".

Addressing a rally in Vikaspuri in west Delhi, he said that Kejriwal is not bothered about key issues such as providing clean drinking water but is concerned about Shaheen Bagh, the anti-citizenship amendment act protest site.

At another rally in Uttam Nagar in west Delhi, Adityanath said Kejriwal has played with the emotions of the people of Delhi for the last five years.

"He obstructed the development of Delhi. And knowingly and unknowingly, he became a toy in the hands of anti-social and anti-India elements," Adityanath said.

The protest at Shaheen Bagh, he said, has disrupted traffic across the capital.

"A guest with an appointment to meet him at 9.30 am could only reach at 11. He told me he had left as early as 7 am but got stuck because of the traffic in Shaheen Bagh," he said.

The Uttar Pradesh chief minister also slammed Kejriwal for "sympathising" with elements who he said gave anti-India slogans in Jawaharlal Nehru University.

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News Network
January 8,2020

Tehran, Jan 8: Iran struck back at the United States for the killing of a top Iranian general early Wednesday, firing a series of ballistic missiles at two Iraqi bases housing U.S. troops in a major escalation that brought the two longtime foes closer to war.

Iranian state TV said it was in revenge for the U.S. killing of Revolutionary Guard Gen. Qassem Soleimani, whose death last week in an American drone strike near Baghdad prompted angry calls to avenge his slaying. A U.S. official said there were no immediate reports of American casualties, though buildings were still being searched.

Soleimani's killing and the strikes by Iran came as tensions have been rising steadily across the Mideast after President Donald Trump's decision to unilaterally withdraw America from Tehran's nuclear deal with world powers. They also marked the first time in recent years that Washington and Tehran have attacked each other directly rather than through proxies in the region. It raised the chances of open conflict erupting between the two enemies, which have been at odds since Iran's 1979 Islamic Revolution.

But in a tweet shortly after the missile launches, Iran's foreign minister called a ballistic missile attack a ``proportionate measures in self-defense'' and said it was not seeking to escalate the situation but would defend itself against any aggression.

Iran initially announced only one strike, but U.S. officials confirmed both. U.S. defense officials were at the White House, likely to discuss options with Trump, who launched the strike on Soleimani while facing an upcoming impeachment trial in the Senate,

Iran's Revolutionary Guard warned the U.S. and its regional allies against retaliating over the missile attack against the Ain al-Asad air base in Iraq's western Anbar province. The Guard issued the warning via a statement carried by Iran's state-run IRNA news agency.

``We are warning all American allies, who gave their bases to its terrorist army, that any territory that is the starting point of aggressive acts against Iran will be targeted,'' The Guard said. It also threatened Israel.

After the strikes, a former Iranian nuclear negotiator posted a picture of the Islamic Republic's flag on Twitter, appearing to mimic Trump who posted an American flag following the killing of Soleimani and others Friday in a drone strike in Baghdad.

Ain al-Asad air base was first used by American forces after the 2003 U.S.-led invasion that toppled dictator Saddam Hussein, and later saw American troops stationed there amid the fight against the Islamic State group in Iraq and Syria. It houses about 1,500 U.S. and coalition forces.

Two Iraqi security officials said at least one of the missiles appeared to have struck a plane at the base, igniting a fire. It was not immediately clear whether it was an Iraqi or U.S. jet. There were no immediate reports of casualties from the attacks, according to the officials, who spoke on condition of anonymity as they had no permission to brief journalists.

About 70 Norwegian troops also were on the air base but no injuries were reported, Brynjar Stordal, a spokesperson for the Norwegian Armed Forces told The Associated Press.

Trump visited the sprawling Ain al-Asad air base, about 100 miles or 60 kilometers west of Baghdad, in December 2018, making his first presidential visit to troops in the region. He did not meet with any Iraqi officials at the time, and his visit inflamed sensitivities about the continued presence of U.S. forces in Iraq. Vice President Mike Pence also has visited the base.

Iranian state TV said the Guard's aerospace division that controls Iran's missile program launched the attack, which it said was part of an operation dubbed ``Martyr Soleimani.'' Iran said it would release more information later.

The U.S. also acknowledged another missile attack on a base in Irbil in Iraq's semiautonomous Kurdish region.

``As we evaluate the situation and our response, we will take all necessary measures to protect and defend U.S. personnel, partners and allies in the region,'' said Jonathan Hoffman, an assistant to the U.S. defense secretary.

Wednesday's revenge attack happened a mere few hours after crowds in Iran mourned Soleimani at his funeral. It also came the U.S. continued to reinforce its own positions in the region and warned of an unspecified threat to shipping from Iran in the region's waterways, crucial routes for global energy supplies. U.S. embassies and consulates from Asia to Africa and Europe issued security alerts for Americans. The FAA also warned of a "potential for miscalculation or mis-identification" for civilian aircraft in the Persian Gulf amid in an emergency flight restriction.

A stampede broke out Tuesday at Soleimani's funeral, and at least 56 people were killed and more than 200 were injured as thousands thronged the procession, Iranian news reports said. Shortly after Iran's revenge missile launches early Wednesday, Soleimani's shroud-wrapped remains were lowered into the ground as mourners wailed at the grave site.

Tuesday's deadly stampede took place in Soleimani's hometown of Kerman as his coffin was being borne through the city in southeastern Iran, said Pirhossein Koulivand, head of Iran's emergency medical services.

There was no information about what set off the crush in the packed streets, and online videos showed only its aftermath: people lying apparently lifeless, their faces covered by clothing, emergency crews performing CPR on the fallen, and onlookers wailing and crying out to God.

``Unfortunately as a result of the stampede, some of our compatriots have been injured and some have been killed during the funeral processions," Koulivand said, and state TV quoted him as saying that 56 had died and 213 had been injured.

Soleimani's burial was delayed, with no new time given, because of concerns about the huge crowd at the cemetery, the semi-official ISNA news agency said.

A procession in Tehran on Monday drew over 1 million people in the Iranian capital, crowding both main avenues and side streets in Tehran. Such mass crowds can prove dangerous. A smaller stampede at the 1989 funeral for Ayatollah Ruhollah Khomeini killed at least eight people and injured hundreds.

Hossein Salami, Soleimani's successor as leader of the Revolutionary Guard, addressed a crowd of supporters gathered at the coffin in a central square in Kernan. He vowed to avenge Soleimani, who was killed in a U.S. drone strike Friday near Baghdad's airport.

``We tell our enemies that we will retaliate but if they take another action we will set ablaze the places that they like and are passionate about," Salami said.

``Death to Israel!'' the crowd shouted in response, referring to one of Iran's longtime regional foes.

Salami praised Soleimani's work, describing him as essential to backing Palestinian groups, Yemen's Houthi rebels and Shiite militias in Iraq and Syria. As a martyr, Soleimani represented an even greater threat to Iran's enemies, Salami said.

Soleimani will ultimately be laid to rest between the graves of Enayatollah Talebizadeh and Mohammad Hossein Yousef Elahi, two former Guard comrades killed in Iran's 1980s war with Iraq. They died in Operation Dawn 8, in which Soleimani also took part. It was a 1986 amphibious assault that cut Iraq off from the Persian Gulf and led to the end of the war that killed 1 million.

The funeral processions in major cities over three days have been an unprecedented honor for Soleimani, seen by Iranians as a national hero for his work leading the Guard's expeditionary Quds Force.

The U.S. blames him for killing U.S. troops in Iraq and accused him of plotting new attacks just before he was killed. Soleimani also led forces supporting Syrian President Bashar Assad in that country's civil war, and he also served as the point man for Iranian proxies in countries like Iraq, Lebanon and Yemen. Russian President Vladimir Putin met with Assad in Syria on Tuesday amid the tensions between Washington and Tehran.

Soleimani's slaying already has led Tehran to abandon the remaining limits of its 2015 nuclear deal with world powers as his successor and others vow to take revenge.

In Iraq, pro-Iranian factions in parliament have pushed to oust American troops from Iraqi soil following Soleimani's killing. Germany and Canada announced plans to move some of their soldiers in Iraq to neighboring countries.

The FAA warning barred U.S. pilots and carriers from flying over areas of Iraqi, Iranian and some Persian Gulf airspace. The region is a major East-West travel hub and home to Emirates airline and Dubai International Airport, the world's busiest for international travel. It earlier issued warnings after Iran shot down a U.S. military surveillance drone last year that saw airlines plan new routes to avoid the Strait of Hormuz.

The U.S. Maritime Administration warned ships across the Mideast, citing the rising threats. ``The Iranian response to this action, if any, is unknown, but there remains the possibility of Iranian action against U.S. maritime interests in the region,'' it said.

Oil tankers were targeted in mine attacks last year that the U.S. blamed on Iran. Tehran denied responsibility, although it did seize oil tankers around the crucial Strait of Hormuz, the narrow mouth of the Persian Gulf through which 20% of the world's crude oil travels.

The U.S. Navy's Bahrain-based 5th Fleet said it would work with shippers in the region to minimize any possible threat.

The 5th Fleet ``has and will continue to provide advice to merchant shipping as appropriate regarding recommended security precautions in light of the heightened tensions and threats in the region,'' 5th Fleet spokesman Cmdr. Joshua Frey told The Associated Press.

Iran's parliament, meanwhile, has passed an urgent bill declaring the U.S. military's command at the Pentagon and those acting on its behalf in Soleimani's killing as ``terrorists," subject to Iranian sanctions. The measure appears to be in response to a decision by Trump in April to declare the Revolutionary Guard a ``terrorist organization.''

The U.S. Defense Department used that terror designation to support the strike that killed Soleimani.

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