In midnight drama, two AI crew members were held under IT Act

[email protected] (The Hindu)
November 25, 2012
midnight

Mumbai, November 25: While the recent arrest of two young women from Palghar grabbed media attention, what was not so well known was the case of two Air India employees who were arrested under Section 66 A and 67 A of the Information Technology (IT) Act in May and jailed for 12 days. The two decided to go public with their woes after the outrage over the girls’ arrests, hoping for some justice.

Thirty-one-year-old Mayank Sharma had returned home after celebrating his wife’s birthday on the night of May 10, 2012, when his doorbell rang at 1.30 a.m. Waiting outside were plainclothes policemen and two in uniform armed with semi-automatic weapons. “They told me to come to the police station with them and when I asked why, they just stared at me,” Mr. Sharma, who works as a cabin crew member of Air India said.

Inspector Dinkar Shilwate followed him into the bedroom to make sure he changed his clothes and stared all the while he was doing so. When he tried to call a family member in New Delhi, the police snatched away his mobile phone. They later confiscated his laptop. While this was happening, in Thane, a group of policemen were outside the 15th floor apartment of Air India senior purser K.V. Jaganatharao, 50. The police asked him to accompany them and when he resisted, they told him they had a search and seize warrant. They insisted he come in the police jeep and his family too went along in the dead of night.

They asked Mr. Sharma and Mr. Jaganatharao three questions before they were formally arrested at around 7.30 a.m. on May 11. Whether they had insulted politicians, did they threaten to bomb and kill politicians and did they insult the national flag? All along the route to the cyber police station in Bandra Kurla Complex (BKC) the police kept taunting Mr. Sharma asking him if he wasn’t scared of politicians.

Unlike the Palghar case where the two girls who were charged under Section 66 A of the IT Act got bail immediately, the two Air India employees, active trade union leaders, were in custody for 12 days. The first complaint against them was made by rival trade union leader Kiran Pawaskar from the Shiv Sena who later joined the Nationalist Congress Party (NCP). No one acted on Mr. Pawaskar’s complaint on July 1, 2011 to a senior police officer Vishwas Nangre Patil. This was forwarded to the cyber police station, where police lodged a first information report (FIR) on March 29, 2012 accusing the two of uploading lascivious and defamatory content on social networking sites Facebook and Orkut against the complainant and politicians and also threatening the complainant Sagar Karnik (also of Air India) with death, and insulting the national flag. They were charged with Section 506(2) of the Indian Penal Code and Section 66 A and 67, of the IT Act, apart from Section two of the Prevention of Insults to National Honour Act 1971 by investigating officer Inspector Sunil Ghosalkar of the cyber police station.

On May 22, they were released on bail by Additional Sessions judge N.R. Borkar who held that it appeared that Section 67 A of the IT Act was not invoked at the time of registration of the FIR and was included while seeking remand. Mr. Jaganatharao told The Hindu that while the original FIR did not have Section 67 A as a charge, it was added by hand by the investigating officer and when this was brought to the judge’s notice, bail was granted. The section which refers to punishment for publishing sexually explicit acts in electronic form, is a non-bailable offence.

The police also took away their Air India identity cards, their passports, their laptops and mobile phones. The police in the remand report stated that there was a dispute in the cabin crew unions between Mr. Karnik and Mr. Sharma and Jaganatharao over the president’s post and they campaigned against Mr. Karnik and others using social networking sites. Union Ministers were also allegedly vilified. In addition the two allegedly threatened to kill the complainant or bomb him, and also insulted the Supreme Court and the national flag. One of the reasons for remand the police cited was the need to investigate whether Mr. Sharma and Jaganatharao had arms or explosives to carry out their threats.

It was only on May 18 that the magistrate allowed the two home-cooked food and their own clothes which the police opposed in court. Mr. Sharma and Mr. Jaganatharao had to approach the Bombay High Court for release of their passports which was done by an order of October 25. They cited a Supreme Court ruling of 2008 which says while the police may have the power to seize a passport under Section 102(1) of the Criminal Procedure Code, it does not have the power to impound the same. Impounding of a passport can only be done by the passport authorities under Section 10(3) of the Passports Act, 1967.

After they got their passports back, they wrote a letter to Air India saying that they were in possession of their travel and identity documents. On November 21, Air India in a reply letter said they were placed under suspension from the date of arrest, May 11 till the time of release on bail, May 22. The letter said they would be assigned flight duties after completion of necessary formalities. Both are getting only their salaries minus their allowances.

A counter complaint was filed against Mr. Karnik that he allegedly threatened to kill Mr. Jaganatharao online but no action was action. This was a clear case of misusing the IT Act and the police by Mr. Pawaskar, alleged Mr. Sharma and Mr. Jaganatharao.

The police are yet to file a charge sheet in the matter.


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News Network
June 18,2020

New Delhi, Jun 18: The border clash between Indian and Chinese soldiers in Ladakh broke the brittle quiet – and also the sense of security for anxious Chinese nationals in India who fear a backlash with anti-Chinese sentiment spiralling in the country.

With the high altitude violent face-off in eastern Ladakh’s Galwan Valley spurring hashtags such as “Boycott China” and “Teach Lesson to China” and leading to street protests, the undercurrents of tension were evident.

Wary of being identified, some said they had been reassured by their friends but were still apprehensive for themselves and their families.

"They (Chinese families) don''t want to speak to the media. They are not going out and are worried about their security and well being. Their families are also worried back home," Mohammed Saqib, secretary general of the India China Economic & Cultural Council, told PTI.

He added that his Chinese friends in India been calling him since they heard news about Monday night’s clashes in which 20 Indian soldiers were killed -- the worst military confrontation in five decades -- and expressed concern over growing anti-China sentiments.

A Chinese national from Beijing working in Gurgaon for a Chinese mobile firm initially refused to talk, saying he did not want to speak to the media and later shared his thoughts only on condition of anonymity.

"There is talk of border standoff and tensions, but we know Indians are very warm people and that is why I have told my family that all is fine here and they should not worry," he said.

Another Chinese national working in Gurgaon said he and his family are feeling the stress amid the spiralling conflict between India and China, but many friends have been reassuring him.

"They (Chinese in India) are under a lot of stress naturally. Such a conflict puts a lot of stress as they could bear the brunt and the same applies to Indians in China," B R Deepak, professor at the Centre for Chinese and South East Asian Studies of the Jawaharlal Nehru University said.

He said it was unfortunate that the border standoff derailed the commemorative programmes aimed at strengthening ties at a time the two countries were gearing to celebrate 70 years of establishment of diplomatic ties.

Experts also feel the border clash is likely to have a significant negative impact on the economic and people to people ties.

There are scores of Chinese in India working in various Chinese firms and also those who are studying in universities like JNU.

About 3,000 Chinese people, doing business or studying in big cities in India, were stranded in India at the start of the COVID-19 crisis, and about half of them returned to China before the lockdown began on March 25.

The Chinese Embassy in New Delhi announced on May 25 that they will arrange for flights to take back students, tourists and businesspersons to five Chinese cities, including Shanghai and Guangzhou.

"It will impact the psychology of the Chinese here. There are 2,000 Chinese firms in various sectors in India which are going to be impacted," Deepak said.

Future investments from the Chinese side could also be impacted, he said.

Moreover, as far as people-to-people contacts are concerned, the number of Chinese students choosing India as a preferred destination is likely to go down, Deepak said.

Alka Acharya, another China expert, said there are two kinds of impacts of such an incident -- short term and medium term.

Usually after the initial nationalistic reaction in the short term things tend to normalise in the medium term, but with such a border clash happening for the first time in decades clearly the resonance would be much more in both India and China, said Acharya, professor at the Centre for East Asian Studies, School of International Studies, in JNU.

“Due to the impact of the COVID-19 crisis on the economy, whether India can take a hardline in terms of economics towards China, is a tricky question,” she said.

In the immediate context, there may be a dip in economic ties with calls for boycott of Chinese goods and services, Acharya said.

The manner in which this crisis is resolved will affect how ties will be affected in the medium term, she said.

The headlines have added to the anxiety.

A group of ex-armymen gathered near the Chinese embassy to protest the killing of 20 Indian Army personnel in Ladakh’s Galwan Valley. And another group of around 10 protesters belonging to the Swadeshi Jagaran Manch protested near the Teen Murti roundabout in Central Delhi.

The anti-China sentiment prevalent among the common public is also finding a reflection in government policy with sources saying the Department of Telecom (DoT) is set to ask state-owned Bharat Sanchar Nigam Ltd (BSNL) not to use Chinese telecom gear in its 4G upgradation.

Trade bodies like CAIT are also calling for a boycott of Chinese products.

And Chinese handset maker Oppo cancelled the livestream launch of its flagship 5G smartphone in the country amid protests.

Monday night’s clashes between the Chinese and Indian troops in Galwan Valley significantly escalated the already volatile border standoff between the two countries.

The casualties on the Chinese side are not yet known. However, government sources, citing an American intelligence report, claimed the total number of soldiers killed and seriously wounded could be 35.

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News Network
January 13,2020

New Delhi, Jan 13: The Jawaharlal Nehru University Students' Union (JNUSU) has alleged that the varsity administration has blocked the registration of 300 students on the basis of 'fake Proctor inquiries'.

The union had on Saturday asked students of the university to pay their academic tuition fee but not the hiked hostel fee.

"Today the Vice Chancellor first blocked the fee payment portal and then blocked the payment of tuition fees. It is clear that the VC was lying through the teeth when he said students want to register but are not being allowed to by protesters," JNUSU president Aishe Ghosh said.

She said the VC has also blocked the registration of 300 students based on fake proctor enquiries which are not even completed.

"The truth is that it is the administration which does not want students to register and is blocking their registration," she said.

JNUSU vice president Saket Moon said that in the meetings held in HRD ministry, it was decided that the administration would take a lenient view on the students' protest and not take action against them.

He said many students, who opened the portal for registration found they had been academically suspended and could not register.

He said the JNUSU had softened its stand by saying that they would register by paying the old fees but that has been kept on hold.

On Sunday, the administration extended the date for the winter semester registration till January 15.

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News Network
July 17,2020

Lukung, Jul 17: Union Defence Minister Rajnath Singh on Friday assured that not an inch of our land can be taken by any power in the world while he interacted with the Indian Army and ITBP personnel at Lukung.

Referring to the India-China border standoff, he said, "Talks are underway to resolve the border dispute but to what extent it can be resolved I cannot guarantee. I can assure you, not one inch of our land can be taken by any power in the world."

Emphasising on finding a diplomatic solution to the standoff, he further said, "If a solution can be found by talks, there is nothing better."
"Recently what happened between troops of India and China at PP14, how some of our personnel sacrificed their lives protecting our border. I am happy to meet you all but also saddened because of their loss. I pay my tributes to them," he added.

Singh interacted with the Army and Paramilitary troops here along with Chief of Defence Staff General Bipin Rawat and Army Chief General MM Naravane.

Earlier today, the Defence Minister witnessed para dropping and scoping weapons here. He also inspected a Pika machine gun.

Indian Army T-90 tanks and BMP infantry combat vehicles carried out the exercise at Stakna, Leh in presence of Singh, Chief of Defence Staff and Army Chief.

Defence Minister is on a two-day visit to Ladakh and Jammu and Kashmir. He will take stock of the situation at both the Line of Actual Control (LAC) and the Line of Control (LOC).

While Pakistan constantly violates ceasefire from across the LoC, China has continued to intrude into Indian territory in Ladakh region in recent past, escalating tensions between India and its eastern neighbour.

On June 15, twenty Indian soldiers laid out their lives during combat with Chinese forces in Galwan valley, leading to tensions between both nations. Chinese soldiers subsequently started moving back following dialogues between two countries through the military level and diplomatic level.

Singh was accompanied by the Chief of Defence Staff General Bipin Rawat and Army Chief General MM Naravane.

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