MHA mass surveillance order: SC issues notice to Centre

Agencies
January 14, 2019

New Delhi, Jan 14: The Supreme Court on Monday issued a notice to the Centre on a Public Interest Litigation (PIL) filed against the Ministry of Home Affairs' (MHA) December 20 notification allowing ten agencies to monitor any computer resource.

The apex court said that it will examine the issue and sought the Centre's reply within six weeks.

On December 20, the MHA had issued the notification empowering ten agencies for mass surveillance.

The agencies include, the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation; National Investigation Agency, Cabinet Secretariat (R&AW), Directorate of Signal Intelligence (For service areas of Jammu and Kashmir, North-East and Assam only) and Commissioner of Police, Delhi.

Advocate ML Sharma had challenged the MHA order on grounds of it being 'illegal' and 'unconstitutional'.

However, the Home Ministry, in an earlier statement, had clarified that its order does not confer any new powers to any security or law enforcement agency, adding that any interception, monitoring or decryption of any information through any computer resource will be done as per the law.

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News Network
February 10,2020

Hyderabad, Feb 10: All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi continued his tirade against PM Modi and Amit Shah against Citizenship Amendment Act (CAA), National Population Register (NPR) and National Register of Citizens (NRC). "We are ready to take bullets in our chests but we will not show our papers.

We are ready to take bullets in our chests as we love our country," Owaisi said further.

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Agencies
February 25,2020

New Delhi, Feb 25: Union Home Minister Amit Shah on Monday told a meeting of Delhi Lieutenant Governor Anil Baijal, Chief Minister Arvind Kejriwal and party leaders that "professional assessment" is that the violence in north-east Delhi has been "spontaneous".

He also said adequate forces have been already deployed in affected areas even as he urged political parties to avoid provocative speeches and statements which could flare up the situation and desist from rumour-mongering. He also instructed Delhi Police Commissioner Amulya Patnaik to re-activate local peace committees. 

"Shah noted that the professional assessment is that the violence in the capital has been spontaneous. He expressed confidence in Delhi Police and said that the force has shown maximum restraint to get the situation under control," a statement issued by the Ministry of Home Affairs (MHA) said.

However, on Monday, government sources had claimed that violence in the national capital "appeared to be orchestrated" to coincide with the high-profile visit. A PTI report from Hyderabad on Tuesday also quoted Minister of State for Home G Kishan Reddy as saying that the violence in Delhi has been perpetrated intentionally and the Narendra Modi government would not tolerate such incidents. 

While Shah said adequate forces have been deployed, there were also reports that the Delhi Police Commissioner told MHA top brass that it did not have adequate forces to control the violence that erupted in north-east Delhi. However, Delhi Police later tweeted that the Commissioner has denied that "no such information was given to MHA" and such reports were "totally baseless". 

Urging parties to avoid provocative speeches and statements which could flare up the situation, the statement said, Shah expressed confidence in Delhi Police and said that the force has shown maximum restraint to get the situation under control.

Appealing to all to maintain restraint and desist from rumour-mongering while instructing the Delhi Police Commissioner to re-activate local peace committees, Shah said Delhi's borders with Uttar Pradesh and Haryana have been under surveillance for the last three days. 

Shah also urged parties to ask their local leaders to hold meetings in sensitive areas and instructed senior police officers to visit vulnerable police stations at the earliest

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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