President is not King: Key points from HC verdict on Uttarakhand

April 22, 2016

New Delhi, Apr 22: The Uttarakhand High Court on Thursday quashed the President’s rule on Thursday, restoring Congress leader Harish Rawat as the chief minister, nearly a month after he was ousted.

President

The court came down heavily on the central government for its March 27 move to dismiss Rawat under the much-contested article 356 that empowers the union cabinet to impose President’s Rule in a state.

The case “brings to the fore a situation where 356 has been used contrary to the law”, said the bench of Chief Justice K.M. Joseph and Justice VK Bist, adding the article should only be used as a last resort.

“The proclamation of March 27 stands quashed,” said the court in the “status quo ante” order, meaning the previously existing state of affairs was being restored.

Here is what the court said during consecutive hearing since Monday.

-The Governor is not an agent of the central government

-It is the first time in the history of India that a double whammy was being committed under article 356 of hitting the authority of the Governor and the speaker

-In no circumstances can a solitary instance be material enough for imposing article 356.

-There have been instances of thick skinned governments in India lingering on. Besides the option of president rule, is the floor test not the best option to check whether they enjoy majority or not.

-If corruption was to be taken into account, hardly any government would be able to complete its 5 year term in India

-It was said that speaker had taken partisan attitude in case of Arya .It was completely non existential. We are shocked that in a matter which engages the council and the court was a blatant falsehood.

-”Sitting in Delhi, the union cabinet and President cannot rely on anything else than the Governor’s report. What is there in Governor’s report that is speaking of urgency of imposing President rule”.

-”There is no absolutism, President is not King. The President can be an excellent person but he can be terribly wrong, judges can also be terribly wrong”.

Crisis peaked on March 18

The crisis peaked on March 18 when the assembly passed the budget Appropriation Bill by voice vote even as the opposition, including the rebel Congress members, sought recorded voting. But Speaker Govind Kunjwal declined the request, leading the BJP to cry foul.

Rawat was then asked by Governor K.K. Paul to prove his majority on March 28. Just a day before, the central government ousted the Rawat-led government by imposing President’s Rule. Rawat immediately went to court.

On Thursday, Rawat said the ruling to restore his government had begun a “new phase” in the state and asked the Modi government to honour its stated policy of “cooperative federalism”.

Who said what on the HC verdict

The BJP claimed the court ruling was not a surprise.

Its general secretary and Uttarakhand affairs in charge Kailash Vijayvargiya, who played a key role in the developments leading to Rawat’s ouster, insisted that Rawat won’t be able to prove his majority.

“We will prove on April 29 that (the Rawat government) was and is in minority,” he said in New Delhi.

After ouster of Rawat, Vijayvargiya had claimed that Congress-led governments in Himachal Pradesh and Manipur were on their way out -- like it happened earlier in Arunachal Pradesh.

But another senior BJP leader, Subramanian Swamy, slammed Attorney General Mukul Rohatgi and Solicitor General Ranjit Kumar for the fiasco.

“Time to get a new AG and SG for the BJP government... We can win the Uttarakhand case,” Swamy tweeted.

At the end of hectic parleys between top BJP leaders including BJP chief Amit Shah and union ministers Arun Jaitley and Rajnath Singh in the capital, the government decided to move the Supreme Court to challenge the ruling of two-member bench of the High Court.

“We will move the Supreme Court tomorrow at 10.30 am and urge the court to hear the matter urgently,” Attorney General Mukul Rohatgi said.

An overjoyed Congress called the court ruling a victory for democracy and the judicial system “to whom alone aggrieved citizens can turn for relief”.

“The imposition of President’s Rule was unconstitutional,” spokesman Abishek Singhvi said in New Delhi.

Delhi Chief Minister Arvind Kejriwal said the court verdict was “a huge embarrassment to the Modi government”.

“Till now the Modi government used to declare our orders null and void. Today, the high court has declared their order null and void.”

Experts were divided on the verdict’s implications

Former Rajya Sabha MP and noted columnist Kuldip Nayyar said that the “decision is welcome and it will strengthen democratic institutions and constitutional propriety. The ruling makes it clear that Harish Rawat was wrongly removed as chief minister. His position as the leader of the house and the chief minister has been restored now”.

On the other hand, there were others, who disagreed on Rawat’s current status “pending revocation” of the President’s Rule by the governor or the president, and said the court has “recommendation powers” and the executive can abide by it or has the liberty to challenge it in a higher court.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 23,2020

New Delhi, Mar 23: The total number of novel coronavirus cases in India rose to 415 on Monday including seven deaths.

"A total of 18,383 samples from 17,493 individuals have been tested for SARS-CoV2 as on March 23 at 10 am IST. A total of 415 individuals have been confirmed positive among suspected cases and contacts of known positive cases," ICMR said in a release.

According to the data released by the Ministry of Health and Family Welfare, Maharashtra is the worst affected state with 67 confirmed cases, including 64 Indian nationals.

Kerala also has 67 confirmed cases with 60 Indian nationals.

Next on the list with most coronavirus-affected patients is Delhi with 29 confirmed cases.

Uttar Pradesh and Rajasthan have 28 and 27 confirmed cases respectively. Telangana and Karnataka have reported 26 cases each. In Punjab, the number of COVID-19 affected patients stands at 21.

A total of 24 patients have been cured and discharged.

The Centre on Monday asked state governments to strictly enforce the lockdown imposed to prevent the spread of coronavirus and directed legal action against violators.

"States have been asked to strictly enforce the lockdown in the areas where it has been announced. Legal action will be taken against violators," a tweet by Principal Director General of PIB, KS Dhatwalia read.

A 'Janata curfew' was observed yesterday to contain the spread of the novel coronavirus pandemic, which has claimed and over 13,000 lives worldwide.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 27,2020

Jun 27: Alittle-known Indian IT firm offered its hacking services to help clients spy on more than 10,000 email accounts over a period of seven years.

New Delhi-based BellTroX InfoTech Services targeted government officials in Europe, gambling tycoons in the Bahamas, and well-known investors in the United States including private equity giant KKR and short seller Muddy Waters, according to three former employees, outside researchers, and a trail of online evidence.

Aspects of BellTroX's hacking spree aimed at American targets are currently under investigation by U.S. law enforcement, five people familiar with the matter told Reuters. The U.S. Department of Justice declined to comment.

Reuters does not know the identity of BellTroX's clients. In a telephone interview, the company's owner, Sumit Gupta, declined to disclose who had hired him and denied any wrongdoing.

Muddy Waters founder Carson Block said he was "disappointed, but not surprised, to learn that we were likely targeted for hacking by a client of BellTroX." KKR declined to comment.

Researchers at internet watchdog group Citizen Lab, who spent more than two years mapping out the infrastructure used by the hackers, released a report that BellTroX employees were behind the espionage campaign.

"This is one of the largest spy-for-hire operations ever exposed," said Citizen Lab researcher John Scott-Railton.

Although they receive a fraction of the attention devoted to state-sponsored espionage groups or headline-grabbing heists, "cyber mercenary" services are widely used, he said. "Our investigation found that no sector is immune."

A cache of data reviewed by Reuters provides insight into the operation, detailing tens of thousands of malicious messages designed to trick victims into giving up their passwords that were sent by BellTroX between 2013 and 2020. The data was supplied on condition of anonymity by online service providers used by the hackers after Reuters alerted the firms to unusual patterns of activity on their platforms.

The data is effectively a digital hit list showing who was targeted and when. Reuters validated the data by checking it against emails received by the targets.

On the list: judges in South Africa, politicians in Mexico, lawyers in France and environmental groups in the United States. These dozens of people, among the thousands targeted by BellTroX, did not respond to messages or declined comment.

Reuters was not able to establish how many of the hacking attempts were successful.

BellTroX's Gupta was charged in a 2015 hacking case in which two U.S. private investigators admitted to paying him to hack the accounts of marketing executives. Gupta was declared a fugitive in 2017, although the U.S. Justice Department declined to comment on the current status of the case or whether an extradition request had been issued.

Speaking by phone from his home in New Delhi, Gupta denied hacking and said he had never been contacted by law enforcement. He said he had only ever helped private investigators download messages from email inboxes after they provided him with login details.

"I didn't help them access anything, I just helped them with downloading the mails and they provided me all the details," he told Reuters. "I am not aware how they got these details but I was just helping them with the technical support."

Reuters could not determine why the private investigators might need Gupta to download emails. Gupta did not return follow-up messages. Spokesmen for Delhi police and India's foreign ministry did not respond to requests for comment.

HOROSCOPES AND PORNOGRAPHY

Operating from a small room above a shuttered tea stall in a west-Delhi retail complex, BellTroX bombarded its targets with tens of thousands of malicious emails, according to the data reviewed by Reuters. Some messages would imitate colleagues or relatives; others posed as Facebook login requests or graphic notifications to unsubscribe from pornography websites.

Fahmi Quadir's New York-based short selling firm Safkhet Capital was among 17 investment companies targeted by BellTroX between 2017 and 2019. She said she noticed a surge in suspicious emails in early 2018, shortly after she launched her fund.

Initially "it didn't seem necessarily malicious," Quadir said. "It was just horoscopes; then it escalated to pornography."

Eventually the hackers upped their game, sending her credible-sounding messages that looked like they came from her coworkers, other short sellers or members of her family. "They were even trying to emulate my sister," Quadir said, adding that she believes the attacks were unsuccessful.

U.S. advocacy groups were also repeatedly targeted. Among them were digital rights organizations Free Press and Fight for the Future, both of whom have lobbied for net neutrality. The groups said a small number of employee accounts were compromised, but the wider organizations' networks were untouched. The spying on those groups was detailed in a report by the Electronic Frontier Foundation in 2017, but has not been publicly tied to BellTroX until now.

Timothy Karr, a director at Free Press, said his organization "sees an uptick in breach attempts whenever we're engaged in heated and high-profile public policy debates." Evan Greer, deputy director of Fight for the Future, said: "When corporations and politicians can hire digital mercenaries to target civil society advocates, it undermines our democratic process."

While Reuters was not able to establish who hired BellTroX to carry out the hacking, two former employees said the company and others like it were usually contracted by private investigators on behalf of business rivals or political opponents.

Bart Santos of San Diego-based Bulldog Investigations was one of a dozen private detectives in the United States and Europe who told Reuters they had received unsolicited advertisements for hacking services out of India - including one from a person who described himself as a former BellTroX employee. The pitch offered to carry out "data penetration" and "email penetration."

Santos said he ignored those overtures, but could understand why some people didn't. "The Indian guys have a reputation for customer service," he said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
May 28,2020

Several India-based firms are spoofing the World Health Organisation (WHO) by creating fake Gmail accounts and luring business leaders in disguise of informing them of latest COVID-19 announcements and hack their personal and financial information, Google has warned.

These "hack-for-hire" firms, many based in India, have been creating Gmail accounts spoofing the WHO, largely targeting business leaders in financial services, consulting, and healthcare corporations within numerous countries including, the US, Slovenia, Canada, India, Bahrain, Cyprus, and the UK.

"The lures themselves encourage individuals to sign up for direct notifications from the WHO to stay informed of COVID-19 related announcements, and link to attacker-hosted websites that bear a strong resemblance to the official WHO website," security researchers from Google's Threat Analysis Group said on Wednesday.

The sites typically feature fake login pages that prompt potential victims to give up their Google account credentials, and occasionally encourage individuals to give up other personal information, such as their phone numbers.

On any given day, Google's Threat Analysis Group (TAG) said it is tracking more than 270 targeted or government-backed attacker groups from more than 50 countries.

Last month, it sent 1,755 warnings to users whose accounts were targets of government-backed attackers.

"Our team of analysts and security experts is focused on identifying and stopping issues like phishing campaigns, zero-day vulnerabilities and hacking against Google, our products and our users," said the tech giant.

Google continues to see attacks from groups like Charming Kitten on medical and healthcare professionals, including WHO employees.

"We're seeing a resurgence in COVID-related hacking and phishing attempts from numerous commercial and government-backed attackers," said the company.

Government-backed or state-sponsored groups have different goals in carrying out their attacks: Some are looking to collect intelligence or steal intellectual property; others are targeting dissidents or activists, or attempting to engage in coordinated influence operations and disinformation campaigns.

Google said that since March, it has removed more than 1,000 YouTube channels that were part of a large campaign and behaving in a coordinated manner.

"These channels were mostly uploading spammy, non-political content, but a small subset posted primarily Chinese-language political content similar to the findings of a recent Graphika report," said the company.

Several cybersecurity firms have seen a spike in COVID-19 related scams and hacking attempts. Hackers are also creating scam sites similar to COVID-19 relief packages.

Researchers at Check Point Software Technologies revealed in mid-May that they have seen 192,000 coronavirus-related cyber-attacks per week over the past three weeks, a 30 % increase compared to previous weeks.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.