Facebook row: Mumbai Police book man whose complaint led to Air India employees' arrests

December 2, 2012
Air_India

Mumbai, December 2: After facing flak over the arrests of two Air India employees for their posts on Facebook, the Mumbai Police, in a bizarre step, has booked the man who had filed a complaint against the duo.

The move against the complainant, Sagar Karnik, comes after cabin crew members Mayank Mohan Sharma and KVJ Rao wrote to the Mumbai Police, seeking action against the policemen who had arrested them in May this year. The duo had allegedly shared lewd jokes about politicians, made derogatory comments against the Prime Minister and insulted the national flag in their posts. But they, in the letter, contended that they had merely shared content that was easily available on the Internet.

"Now if they have filed an FIR against Sagar Karnik, it's a clear-cut case that there was no need to arrest us in the first place. It is we who have provided the documents and it is we who have investigated the case for them," Mr Rao said.

He along with Mr Sharma were picked up by the Cyber Cell wing of the city police in a midnight raid and had to spend 12 days in custody. Mr Rao had earlier alleged that the police had acted under political pressure from NCP politician Kiran Pawaskar.

"What it (Sagar Karnik booked) reflects is the shoddy investigation done by the Investigating Officer Mr Ghosalkar. He picked us up at 1:30 am on a weekend so that we could not be granted bail, illegally impounded our passports and ID cards. It's a clear-cut case where the policeman was either toeing the line of the politician or his higher-ups. In spite of writing to the Commissioner, there has been no action till date," Mr Rao said.

It took the police nearly two months to make the arrests after lodging the Firrst Information Report (FIR) in March. The two had been booked under the controversial 66(A) and 67 sections of the Information Technology Act. Mr Sharma had said the cyber cell wing investigated the complaint for over a year but never summoned them even once.

They were suspended following the arrests and resumed work only earlier this week. They have been asked to undergo a refresher course.

The plight of the Air India staffers hit headlines even as a similar controversy was raging following the arrests of two young women in Palghar outside Mumbai over a Facebook post. One of them had protested against the shutdown in Mumbai on the day of Bal Thackeray's funeral while the other had liked the post. Although the girls were released on bail soon after the arrests, the incident sparked nationwide outrage, prompting the Maharashtra government to order a probe that later resulted in the suspension of two policemen.


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Agencies
April 24,2020

New Delhi, Apr 24: Congress leader Rahul Gandhi has termed the government decision to freeze Dearness Allowance of Central government employees for a year as "insensitive and inhuman."

The former Congress President in a tweet said: "Lakhs and crores are being spent on the Bullet Train and New Delhi's Central Vista which should have been suspended, but the government has deducted DA of Central government employees and pensioners... It is insensitive and inhuman."

"The tragic part is that by deducting this amount from January 1, 2020 up to 30th June, 2021 for a period of 1.5 years, the government of India proceeds to deduct almost Rs 38 thousand crore from the income of these middle class government employees and pensioners, who rely completely on the pay and pensions that they receive," said Randeep Surjewala, chief spokesperson of Congress.

There are about 50 lakh such serving government employees and about 62 lakh pensioners.

"Even more tragic and objectionable is the fact that the government of India has not even spared our armed forces. The government has deducted Rs 11 thousand crore of the 15 lakh serving armed forces personnel and nearly 26 lakh military pensioners. What is their fault? They are serving the nation in times of all types of crises," said Surjewala.

The Congress alleged that the government did not spare the savings scheme.

Instead of curbing the wasteful expenditure, the government has been constantly hitting at the income of government employees and the middle class, it added.

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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Agencies
February 10,2020

New delhi, Feb 10: The Supreme Court on Monday upheld the constitutional validity of the SC/ST Amendment Act, 2018, and said a court can grant anticipatory bail only in cases where a prima facie case is not made out.

A bench headed by Justice Arun Mishra said a preliminary inquiry is not essential before lodging an FIR under the act and the approval of senior police officials is not needed.

Justice Ravindra Bhat, the other member of the bench, said in a concurring verdict that every citizen needs to treat fellow citizens equally and foster the concept of fraternity.

Justice Bhat said a court can quash the FIR if a prima facie case is not made out under the SC/ST Act and the liberal use of anticipatory bail will defeat the intention of Parliament.

The top court's verdict came on a batch of PILs challenging the validity of the SC/ST Amendment Act of 2018, which was brought to nullify the effect of the apex court's 2018 ruling, which had diluted the provisions of the stringent Act.

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