BCI lashes out at Chelameswar after his retirement

Agencies
June 25, 2018

New Delhi, Jun 25: The Bar Council of India (BCI) has lashed out against Justice J Chelameswar for his "controversial" and "irrelevant" statements in the media, three days after his retirement as a Supreme Court Judge, saying such comments are liable to be "deprecated" and "cannot be tolerated" by lawyers.

Justice Chelameswar, who demitted office on June 22, had disapproved of the Centre's decision not to elevate Justice K M Joseph to the Supreme Court, terming the action as "not sustainable".

The judge, who had held an unprecedented presser along with three other senior Supreme Court judges in January to highlight the litany of allegations including discrimination in allocation of cases to benches, had also said that the credibility of the highest judiciary was "occasionally" in danger.

Efforts to reach Justice Chelameswar for his comments did not frucitify.

In a statement, BCI Chairman Manan Kumar Mishra has criticised the statements of Justice Chelameswar after he demitted the office, and said it was not expected from a person who had held a high post and went against its dignity.

"Self-restraint by the judges of the highest court seems to be a forgotten virtue. They have to prevent themselves from issuing statements without giving any thought to the consequences such statements could entail.

"The manner in which Justice Chelameswar went to the media and gave controversial and irrelevant statements immediately upon retirement, was not expected of a person holding such a high post and was in fact against the dignity of the post he had held.

"Such statements and comments are liable to be deprecated. Such statements cannot be tolerated, accepted or digested by the advocates including the rest of the countrymen," the statement, also signed by four other office-bearers of BCI, said.

The statement said the judge had used a "controversial" word "bench fixing" and pointed out that there were instances in which "a handful of lawyers" had filed matters and mentioned it before him and tried to get it listed.

The BCI said the judge should have raised an objection at that time but did not do so.

The statement said Justice Chelameswar "has resorted to usage of such controversial words like 'bench fixing'. Now if a handful of lawyers of the highest court filed matter/s and mentioned it before (him) and other chosen judges, and tried to get it listed, then that would have been bench fixing. Such instances have been repeated not once but on two-three occasions."

Justice Chelameswar "should have raised an objection at that point of time", but had not done so and "in fact accepted and agreed to hear certain matters himself which led to the beginning of a wrong practice," the BCI alleged.

It also alleged that “the fact that Justice Chelameswar met CPI leader and Rajya Sabha MP D Raja immediately after his press conference, clearly deciphers the mystery and the motive behind the controversial statements being issued" by him, the BCI said.

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News Network
January 30,2020

Mumbai, Jan 30: The Shiv Sena on Thursday endorsed Union home minister Amit Shah's view that alleged inflammatory statements made by Sharjeel Imam, an anti- Citizenship (Amendment) Act (CAA) activist, were dangerous.

No politics should be done on the issue, and such "pest" afflicting the country should be finished off, it said.

Imam was arrested on Tuesday in connection with his speeches at Jamia Millia Islamia University in Delhi and in Aligarh during anti-CAA protests.

He has been booked for sedition, among other offences.

In an editorial published in its mouthpiece `Saamana', the Sena, a former ally of the BJP, said, "We agree with union home minister's comments that Sharjeel Imam's alleged words of separation are more dangerous than that of Kanhaiya Kumar."

Kumar, former student leader from Jawaharlal Nehru University, had been arrested over alleged separatist slogans shouted during a protest on varsity campus.

The Sena, which has formed alliance with the Congress and NCP to come to power in Maharashtra, is often seen walking a tightrope to preserve its credentials as a pro-Hindutva party.

"The union home ministry, while initiating action against Imam, should not indulge in politics and try to finish off this pest that is afflicting our country," the editorial said.

"One must find out why such language of breaking up this country into pieces is being used by the educated youth of this country more and more frequently. Who is spewing such venom into the mind of Sharjeel who did his graduation from IIT-B and now pursuing PhD from JNU?" the Sena asked.

"Even people involved in Elgar Parishad at Pune are facing sedition charges and these people have been known as intellectuals and are well-known personalities," said the party.

"A conspiracy to bring about a conflict between Hindus and Muslims and ensure continuance of anarchy and civil war as in Iraq and Afghanistan exists. The boost for such activities is coming from a 'political laboratory'," the editorial said.

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The wire
May 20,2020

Bhopal, May 20: Two months after Deepak Bundele, an advocate and former journalist, was brutally assaulted by the Madhya Pradesh’s Betul Police on March 23, an Assistant Sub-Inspector of Kotwali Police Station in Betul district, BS Patel, approached the victim to record his statement. However, he allegedly tried to convince Bundele to withdraw the case saying that the cops had mistaken him for a Muslim since he has a long beard and assaulted him. But, the cop added, they were ashamed of the incident after they came to know that they had beaten their ‘Hindu brother’.
Bundele was on his way to the government hospital for diabetes treatment, a day before the countrywide lockdown was announced, when the assault occurred. Miffed with the incident and after the district police denied to register the case, he wrote to the State Human Rights Commission; Chief Justice of Madhya Pradesh High Court; Chief Minister Shivraj Singh Chouhan; Vivek Johri, Director General of Police, Madhya Pradesh; and SP Betul to register an FIR against the police officials and take punitive action against them.
In the wake of COVID-19 pandemic outbreak, section 144 had been imposed in Betul district and public movement was restricted when the incident had occurred. 
Talking to Bundele, ASI Patel had said, “We seek an apology on behalf of those officials [who assaulted Bundele]. We are truly embarrassed because of the incident. If you want, I can bring those officials and make them apologise in person to you. They mistook you as a Muslim and assaulted you, since you had a long beard. And the man (who assaulted you) is a kattar (staunch) Hindu…In Hindu-Muslim riots whenever a Muslim is arrested, they beat them up brutally, always,” the police official can be heard saying in an audio recording shared by the victim.
In the 14 minutes long audio, he further said, “I request to you to withdraw the complaint. Please agree to our request; understand that we are living in Gandhi’s country; we are all Gandhi’s children…I have at least 50 friends from your caste.”
The cop continued, “All those people are ashamed that they did something like this to a Hindu brother without knowing his identity. We do not have any enmity against you. Whenever there is a Hindu-Muslim riot, police always supports the Hindus; even Muslims know this. But whatever happened with you was because of ignorance. For that, I have no words.” 
Refuting ASI Patel’s claim, Bundele claimed that there was no Hindu-Muslim riot that day, and asked whether he was beaten for being wrongly identified as a Muslim. The police officials agreed, and said: “Yes, exactly.”
“When I constantly declined to withdraw the compliant, he indirectly threatened me saying, ‘Agree to our request, else you and your advocate brother will face consequences’,” Bundele claimed. 
When contacted Betul SP DS Bhadoriya said, “I’m not aware of this audio clip. I will taken strict action, if I receive any such complain.”
Bundele said that he has written to the DGP and other senior police officials with details about the incident.   
THE ASSAULT
On March 23 evening, when Bundele was on his way to a hospital for the treatment, Betul Police allegedly thrashed him. The 32-year-old advocate had worked as a journalist for various dailies in Madhya Pradesh’s state capital for a decade. He moved to Betul in 2017 and started practising in the district court with his brother. “I have been a patient of diabetes and blood pressure for the last 15 years. On March 23, since I was not feeling well, I decided to visit the hospital and get some medicines. But I was stopped by the police midway,” Bundele had said. 
Even though the advocate, who sports a beard, said that he explained to police personnel that he had to get his medicines but one of them slapped him without trying to listen to what he was saying. “When I protested and said that police have no right to beat the public, they got anxious and within no time, many police officials came and started beating me up with sticks,” he added. 
"I need constant medication and lifesaving medicines to survive and I told the policemen everything while they were assaulting me. But, they kept hitting me, even after I fell,” he said, adding, "I bled for almost a 2-3 days after the incident.”
Bundele, sustained multiple injuries and his ear bled for almost two days after the incident, but, Betul police denied to file an FIR in the incident.
‘WILL MOVE TO THE HIGH COURT’
“Even after two months of the incident, no FIR has been registered and it seems that police is trying to sweep the matter under the carpet,” Bundele said, adding, “I have talked to the Supreme Court’s veteran advocate Vivek Tankha and Etasham Hashmi and will take this matter to the court.”
He also raised serious concerns about the communal angle of the incident, saying, “It’s a matter of grave concern that the police is turning communal and targeting a particular community.”

Source: https://www.google.com/amp/s/m.thewire.in/article/communalism/madhya-pr…

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coastaldigest.com news network
May 6,2020

New Delhi, May 6: The government on Wednesday said no data or security breach has been identified in Aarogya Setu after an ethical hacker raised concerns about a potential security issue in the app.

The app is the government's mobile application for contact tracing and disseminating medical advisories to users in order to contain the spread of coronavirus.

On Tuesday, a French hacker and cyber security expert Elliot Alderson had claimed that "a security issue has been found" in the app and that "privacy of 90 million Indians is at stake".

Dismissing the claims, the government said "no personal information of any user has been proven to be at risk by this ethical hacker".

"We are continuously testing and upgrading our systems. Team Aarogya Setu assures everyone that no data or security breach has been identified," the government said through the app’s Twitter handle.

The tweet gave point-by-point clarification on the red flags raised by the hacker.

"We discussed with the hacker and were made aware of the following... the app fetches user location on a few occasions," it said, but added that this was by design and is clearly detailed in the privacy policy.

The app fetches users’ location and stores on the server in a secure, encrypted, anonymised manner - at the time of registration, at the time of self assessment, when users submit their contact tracing data voluntary through the app or when it fetches the contact tracing data of users after they have turned COVID-19 positive, it said.

On another issue that users can get COVID-19 stats displayed on the home screen by changing the radius and latitude-longitude using a script, Aarogya Setu said that all this information is already public for all locations and hence does not compromise on any personal or sensitive data.

"We thank the ethical hacker on engaging with us. We encourage any users who identify a vulnerability to inform us immediately...," it said.

Responding to Aarogya Setu's clarification, Alderson tweeted, "I will come back to you tomorrow".

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