Don't blame mobile service providers for forged customer documents: HC to cops

January 14, 2015

mobile service provider

Bengaluru, Jan 14: The High Court has quashed the FIRs filed by the police against the chief executive officers (Karnataka circle) of mobile service providers Airtel, Aircel, Idea and Tata Docomo for not verifying customers’ documents before issuing them SIM cards.

The FIRs were filed by the Malleswaram, HAL and Indiranagar police against the CEOs under sections 419, 420, 468 and 470 of the IPC before the 10th ACMM court. The police had contended the service providers were not checking the documents provided by dealers who were in the habit of forging the documents before issuing SIM?cards to customers.

In July 2010, the Deputy Director General of Telecom Enforcement Resource and Monitoring Cell had written to the DG & IGP stating that during a random inspection, it was found there were multiple connections by service providers resulting in misuse of the SIM cards. Following the letter, the Bengaluru police commissioner directed the Central Crime Branch to take action. Accordingly, the inspector of the CCB’s women and narcotics cell filed a suo motu complaint at police stations across Bengaluru.

But senior counsel C V Nagesh, appearing for the mobile service providers, stated that the companies give SIM?cards to distributors who then distribute them to the retailers. The retailer is the one fabricating the documents before issuing the SIM cards and that the mobile service provider doesn’t have any role to play in it, he argued.

The senior counsel contended that mobile service providers had not violated section 4 (1) of the Indian Telegraph Act, 1885, which talks about the conditions of licence. If the retailer distributes SIM cards by forging documents, the service provider cannot be held responsible for it, he asserted.

Justice N Anand on Tuesday observed that the misuse of SIM cards had become rampant of late and mobile phones were being used in bomb blasts.

Over 40 crore people in the country use mobile phones and another 20 crore are expected to use them in the next five years. If the distributor is committing an offence, the mobile service provider cannot be held responsible, he ruled and disposed of the criminal petition.

GO on revenue stamp

The State government told the High Court on Tuesday it had issued an order on December 31, 2014, to reintroduce Re one revenue stamps, prompting a division bench of Chief Justice D H Waghela and Justice Ram Mohan Reddy to dispose of a petition filed by Vijaykumar Sarj S Desai, a resident of Gadag.

The petitioner had argued that the ban imposed on revenue stamps in 2008 following the multi-crore revenue stamp scam had created a black market. Although banned in Karnataka, revenue stamps are being brought from other states and sold here, he contended.

‘Amend petition on KPSC’

The High Court on Tuesday directed activist T J?Abraham to amend his petition by changing the respondent as Governor’s office instead of the Governor.

A division bench of Chief Justice D H Waghela and Justice Ram Mohan Reddy gave the direction and posted the next hearing to Friday.

The petition challenges the appointment of the chairperson and vice-chairperson of the Karnataka Public Service Commission (KPSC). Abraham had argued that no guidelines were framed and there was no transparency in the procedure to nominate chairperson, vice-chairperson and members to the KPSC.

Objections filed to Anbazhagan’s plea

Former Tamil Nadu chief minister Jayalalitha and special public prosecutor Bhavani Singh on Tuesday filed their objection in the High Court to the petition filed by DMK general secretary K Anbazhagan seeking permission to intervene as a party under respondents to assist the SPP in the disproportionate assets case against Jayalalitha.

The special bench of Justice C R Kumaraswamy, while hearing the criminal appeals filed by Jayalalitha and her aides, sought to know whether Anbazhagan was a lawyer whether he had and any training in fighting a legal battle in the court under the provisions of the Prevention of Corruption Act. “This will not lead anywhere. Moreover, it would be against the law to allow Anbazhagan to intervene as the party respondent to assist SPP in the case,” the judge said.

Anbazhagan, in his petition has said that he had previously intervened before the appropriate courts at all stages of the trial to ensure that justice was not derailed by powerful persons.

During the hearing, Jayalalitha's counsel L Nageswara Rao contended that the trial court had overlooked several judgements and not considered the binding nature of various income tax orders and decisions of the Income Tax Appellate Tribunal, which had accepted the income and level of expenditure pleaded by her.

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News Network
May 19,2020

New Delhi, May 19: In a fresh blow to saffronite journalist Arnab Goswami, the Supreme Court of India today rejected his plea seeking transfer of the investigation of a case, filed against him for defaming Congress interim president Sonia Gandhi, to the CBI. The court also refused to quash the FIRs filed against him.

Goswami, editor-in-chief of Republic TV, has been booked in connection with a TV show on the gathering of migrants outside Bandra railway station on April 14. This apart, multiple FIRs have been filed against him for his show on Palghar lynching. In that show, he had posed certain questions on the incident to Congress President Sonia Gandhi, following which Congress workers lodged complaints against him in various states.

Extending Goswami’s interim protection from arrest by three weeks, the Supreme Court said, “Right of a journalist under 19 1 (a) higher…Free citizens can’t exist if news media can’t speak.”

During the earlier hearing, Senior Advocate Harish Salve, appearing for Goswami, had urged the court to transfer the probe to an agency like CBI. He said the “nature of the” second FIR against Goswami over a show on the migrant gathering outside Bandra station on April 14 “shows that it’s arm-twisting tactic”. 

“They are trying to stifle an unpleasant voice. This is a political party targeting a journalist. All complainants are members of one political party. They have a problem with the government. They want to teach this journalist a lesson,” he added.

Objecting to Salve’s plea to transfer the case to the CBI, Maharashtra government counsel, Senior Advocate Kapil Sibal, had said, “CBI investigation will go into your hands”. 

Sibal denied that Goswami was being harassed and said he was only asked relevant questions. He said Goswami should “stop this communal violence and communal mongering”.

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Agencies
March 12,2020

The Ministry of Health and Family Welfare has prepared a draft for guidelines for home quarantine, as well as for the use of masks by public, in view of coronavirus.

What to do in Home Quarantine?

The government says, for those taking refuge to home quarantine should stay in a well-ventilated single-room preferably with an attached or separate toilet. It adds that if another family member needs to stay in the same room, it's advisable to maintain a distance of at least 1 metre between the two.

The government advised, coronavirus patients to stay away from elderly people, pregnant women, children and persons with co-morbidities within the household as their immune system may be low. The health minister also suggested to restrict the patient's movement within the house. "Under no circumstances attend any social/religious gathering e.g. wedding, condolences, etc, said the guideline.

It also instructed the corona virus infected person to avoid sharing household items like dishes, drinking glasses, cups, eating utensils, towels, bedding, or other items with others at home. The guideline also demanded that even though home quarantine, the patient should wear a surgical mask at all times. "The mask should be changed every 6-8 hours and disposed off. Disposable masks are never to be reused, it added.

"Masks used by patients/ caregivers/ close contacts during home care should be disinfected using ordinary bleach solution (5 per cent) or sodium hypochlorite solution (1%) and then disposed of either by burning or deep burial," instructs the government.

Even for family members of a patient, the health ministry clearly instructs to use disposable gloves when cleaning the surfaces or handling soiled linen. No visitors, under any circumstances will be allowed, said the guideline.

"In case the person being quarantined becomes symptomatic, all his close contacts will be home quarantined (for 14 days) and followed up for an additional 14 days or till the report of such case turns out negative on lab testing," states the draft.

How to wear & dump masks?

There is a specific and elaborate do's and don'ts also released by the ministry. For those unsure in which mask to choose, it says, "Medical masks of different sizes and shapes are available in the market. The common ones are flat pleated masks of woven fabric which covers the nose and mouth and affixed behind the head with straps/ elastic fasteners. There are also conical or duck bill shaped masks with valves (or without valves) that fit in the contour of face over the nose and mouth, but are costlier."

However, the ministry warns, medical masks should not be used by healthy persons who are not having any symptoms "because it creates a false sense of security". Instead, it suggests to refrain from touching face, mouth, nose and eyes as well as washing hands regularly with soap for 20 seconds each time.

However, when a person develops a cough or fever, the suspected patient needs to switch to medical masks. "Use of medical three layer masks when ill, will prevent your infection from spreading to others. However you also need to wash your hands frequently to avoid spreading infection to others," read the guideline.

Even if one is not tested positive but showing symptoms, they are advised to wear masks while visiting a healthcare facility. "Close family contacts of such suspect/confirmed cases undergoing home care should also use Triple layer medical mask," it warns.

The ministry has also given point by point guideline on how to use a mask like to make sure that they are facing down while unfolding or for that matter to ensure there are no gaps on either side of the mask.

It even warns, "Fit flexible nose piece (a metallic strip that can easily be located) over nose-bridge" to ensure no one else are infected. The government also warns against simple dumping of the masks once used. Instead one should disinfect "using ordinary bleach solution (5 per cent) or sodium hypochlorite solution (1 per cent) and then disposed of either by burning or deep burial," says the Health Ministry.

COVID-19 emerged in early December 2019 in China's Wuhan province and has now spread to over 100 countries. As on March 9, 2020, India has reported 42 cases mostly among those who had travelled from affected countries.

However the government says, "It causes a minor illness in majority of patients with symptoms of fever and or cough. A small proportion of such persons may progress to severe disease with difficulty in breathing."

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News Network
March 4,2020

Mar 4: Twenty-one Italian tourists and three Indian tour operators have been sent to an ITBP quarantine facility in Delhi on Tuesday for suspected coronavirus exposure, official sources said.

Health Ministry sources said these foreigners, 13 women and eight men, were in the same group of which an Italian and his wife have tested positive in Rajasthan capital Jaipur.

“His (Italian in Jaipur) condition is stable,” a source said.

Three Indians, who were accompanying this Italian group as tour operators, have also been sent to the ITBP facility in Chhawla area of south-west Delhi, they said.

All these people, staying at a five-star hotel in south Delhi, have been put in “preventive isolation” at the ITBP camp and their samples will be taken on Wednesday, sources said.

The centre already has 112 people, 76 Indians and 36 foreigners, since February 27 after they were evacuated by an IAF plane from Wuhan in China, the epicentre of the coronavirus.

The first samples of these 112 people had tested negative when reports came in last week.

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