Rajya Sabha

Aadhaar Act: SC may have to take another call

The Aadhaar issue is far from settled despite Supreme Court ruling on its validity and necessity under the Constitutional norms on Wednesday.

The ruling Modi government would go at breakneck speed in firewalling the data protection so it could approach Supreme Court again on removing the ban on private companies from accessing the users’ data. The opposition Congress, through its protagonist P. Chidambaram, in all probability would challenge the Aadhaar Bill being introduced in SC as a Money Bill in order to bypass the Rajya Sabha.

On Wednesday, Supreme Court has cleared the Aadhaar Act but barred private companies, such as banks and telecoms, from accessing the users’ data as was enabled by Section 57 of the bill. Supreme Court had also ruled that decision of (Lok Sabha) Speaker to certify Aadhaar Bill as Money Bill is open to judicial review.

Supreme Court clamping down on Section 57 wouldn’t please the ruling NDA government. The Supreme Court ought to have asked for a stronger privacy and data protection measures rather than bar private companies from mining Aadhaar. All the world’s technology giants, be it Facebook or Google, Alibaba or Tencent, have been empowered by their governments to control global businesses. India’s only chance is with Aadhaar: after all it enabled a newcomer like Reliance Jio to build a 200-million users’ base for its telecom operations. India’s UPI, RuPay and Bhim platforms are today earning world’s respect only because of users’ Aadhaar being available to them. Supreme Court ruling makes Aadhaar cost-effective but not profit-enabled.

As for the Money Bill part of the Aadhaar ruling, Congress would be encouraged by the dissenting note of Justice Y. Chandrachud who declared it a Constitutional fraud and illegality. (If one could ask, what’s so Constitutionally upright about Collegium System where judges choose judges?). Chidambaram and his ilks are unlikely to let go the opportunity of Aadhaar as Money Bill being open to “judicial review.”

Readers must also remember the dichotomy of Congress/Opposition position vis-à-vis Aadhaar. It was alright for them—and the Lutyens’ Media—to allow Right To Information (RTI) where the privacy of a petitioner is compromised. The privacy and dignity of an individual doesn’t matter to them on RTI. But they have used it as a handle to obstruct the march of Aadhaar.

And if one could ask, what about the private data of millions which UPA collected without committing themselves to Aadhaar in pre-Modi era? Wasn’t it foul, fraud and illegal given that it hadn’t obtained a judicial consent?

The fact is that because of Aadhaar, no longer the beneficiary receives only 15 paisa of the Rs 1 allocated to him. The Modi government has already saved upwards of Rs 90,000 crores from leakages and frauds in the benefit schemes. As per a World Bank report, Aadhaar could save upwards of Rs 11 billion in exchequer’s outflow of funds to the really poor—and not fill the coffers of ghost and duplicate entities. Today, the dole-outs are auditable. Fake ration cards and MGNREGS job cards are no longer working, saving the tax-payers’ hard-earned money. If Chidambaram could explain, how could benefits be paid without identifying the beneficiary?

As for Justice Y. Chandrachud’s critique, just a mere suspicion of constitutional and legal impropriety is not enough to overturn or jeopardize countless schemes and billions invested in enabling technology. If other Judges had gone along with Justice Y. Chandrachud, it would have caused chaos and havoc, not to mention billions of taxpayers’ money going down the drain. Judiciary needs to uphold laws and Constitution but not when its’ at odds with the larger interest of poor and society. Laws are for the citizens; not the other way around.

 

Congress and its’ Soz and Karra; and why India is worried

Saifuddin Soz is no ordinary Congress leader. Since 1980s, he’s often been in Lok Sabha and Rajya Sabha either on National Conference or Congress representation. A multiple-time Union minister, the last time under Manmohan Singh’s UPA between 2006-2009, he was one of the front-runners for the post of Vice-President in 2007 and 2012.

Soz draws his heft because of his influence in the Kashmir Valley. He surely has had access to separatist leaders of the state: A US diplomatic cable leaked by Wikileaks claimed he was a go-between contact between the Indian government and secessionist forces. Indeed, the leaked cable of US Ambassador to India David Mulford to US State Department described Soz as a long-standing “contact” of the US Embassy’s political section.

Soz is now in news because of his new book. By claiming that the first choice of Kashmiris is independence, a stance similar to terrorists and secessionists for three decades now, he has put the glare on his party. Congress is also under the lens because the dreaded terrorist organization Lashkar-e-Taiba (LeT) run by Hafiz Saeed from Pakistan soil, has come out in praise of Congress.

In case the readers need a reminder, LeT has been banned as a terrorist organization by US, UK, European Union, Russia, Australia and of course India. Its stated objective is secession of Kashmir. A traumatized India has accused LeT for its involvement in the 2001 Indian Parliament and 2008 Mumbai attacks. Hafiz Saeed, as its founder in 1987, had received funding from Osama bin Laden.

Congress has further earned the ire of millions of Indians because one of its senior leaders, Ghulab Nabi Azad, once the Chief Minister of Jammu and Kashmir, has accused Indian army of planning a  “massacre” in the Valley. Congress’ dug the knife deeper with its insensitive attempt to defend Azad, As millions see it, Congress is rubbing shoulders with the secessionists and are deep in trenches with them against the Indian army.

Congress may yet take action against Soz or slap the wrist of Azad. But discerners see no sign from them on standing next to the brave and beleaguered Indian army. Their human rights begins and ends on Kathua; there is never a word of praise when our jawans gun down a terrorist; never a drop of tear for their martyrdom or wailing widows.

On June 22, our security forces killed 4 terrorists identified with Islamic State (IS) in Anantnag district. In view of the oncoming Amarnath Yatra, starting this week (June 28), it was a laudatory achievement. The whole nation stood up as one to applaud the action. But how did Congress react???

I looked for reactions on Congress’ official stand on the matter and how its’ leaders have reacted. The Congress’ twitter handle has nothing on Soz or Azad or terrorists tackled: all it has is a retweet of PC Chidambaram and his concern “Will-there-be-a-war-with-Pakistan?” This time-tested tactics is to weaken the resolve of Indian state, peddle appeasement which in turn is an invitation to secessionist forces for the next strike.

Rahul Gandhi’s tweets? No mention. In any case the Congress supreme tweets once in two days. And when he does it is to run down Modi and his government. Shashi Tharoor? Blank.

And what about the partners Congress’ could be in bed with for upcoming elections? That mahagathbandan to “save democracy” in the country? Mamta Bannerjee? Blank. Akhilesh Yadav? Blank. Sitaram Yechury? Blank. Arvind Kejriwal? Blank. None of them have anytime for our forces; the sacrifices they make; the goals they achieve; the threats and cost they pay to themselves and their families. It is no different to the length these forces went to deny the “surgical strike.”

The message that goes across is alarming: that secessionists are acceptable but not our soldiers; that a terrorists’ life is valuable while the ones of soldiers is not; that India-breakers have unconditional support while those for India-Unity can go and jump from the Himalayas.

You may have a like or dislike for Narendra Modi; you may feel elated or cheated on account of his term so far; but you can’t be standing in support of secessionist forces. Those who want to rule India can’t be seen in sync with India-breakers.

(Post-script: While the readers ponder over the piece; it’s worth dropping a line on Tariq Hammed Karra who is a “Pakistan proxy” and “recently joined the Congress in the presence of Smt. Sonia and Rahul Gandhi,” as Union Minister Ravi Shankar Prasad lashed out in his press conference on Friday.

While you rush to google the man called Karra, keep this in the back of your mind that Lutyens Media more or less blanked out Prasad-on-Karra comments. But more on this, some other day, some other time).

 

Paradise Papers: BJP MP hauls Indian Express up!

(This is a reprint from NewsBred)

Bharatiya Janata Party Rajya Sabha MP, Ravindra Kishore Sinha, has sought Privileges Proceedings against top brass of Indian Express, namely, (a) Vivek Goenka, chairman; (b) Rajkamal Jha, chief editor; (c) Ritu Sarin and (d) Shyamlal Yadav on its “motivated attempt to tarnish his reputation” via expose on “Paradise Papers” on November 6, 2017.

In a letter written to Venkaiah Naidu, Chairman, Rajya Sabha, published as an advertisement in newspapers on Wednesday, Sinha has accused Indian Express of “unethical journalism…in the name of freedom of the press.”

Indian Express had alleged that Sinha was “illegally associated with (a) an offshore company, viz SIS Asia Pacific Holding Limited (SAPHL), incorporated in Malta; (b) that his nomination papers of Rajya Sabha election in 2014 didn’t declare his interest in offshore entities.

In his detailed letter/advertisement, Sinha has pointed out

  • Malta has an approved jurisdiction of full Double Taxation Avoidance Agreement (DTAA) with India and doesn’t amount to “tax evasion, money laundering or any malafide intent”;
  • His holding company recently underwent “in-depth scrutiny by the Securities and Exchange Board of India (SEBI)…covering all regulations, including the Companies Act, Income Tax Act, SCRA, Stamp Act, FIPB, FEMA etc…no deficiency was found in terms of compliance.”
  • Rajya Sabha nomination form requires only “provisions of details of Assets and Liabilities of which I am the owner or direct beneficiary” which is not true in Sinha’s case (see the full advertisement in pic).

Sinha’s anguish stems from a clearly “vested interest” of Indian Express in publishing the report—and a sneering a mocking version of it online—which he termed as “misleading and devoid of facts,” despite Sinha having shared the details with Indian Express !

Over to Sinha:

“These facts were transparently shared with the Indian Express team prior to publication of the news report. Despite that, they have carried the misleading report devoid of facts and indulged in reputation assassination for vested interests.”

“If the Indian Express claims to be the beacon of independent journalism, why are they not targeting other reputed public figures such as Sachin Pilot, P. Chidambaram, Pinarayi Vijayan etc who have all been named in the ICU Paradise Papers?”

“The Indian Express report is unethical journalism in the name of freedom of the press/freedom of speech and is motivated attempt to tarnish my reputation built over decades. It is extremely sad to see the high standards of neutral and independent journalism set by Ramnath Goenka being destroyed under the current editorial leadership.”

In one word: Damning!!!

One doesn’t know if Sinha tried to put this advertisement in Indian Express for it’s not in its today’s edition. Or, if he did and failed in his attempt. Still, the matter is now in public domain and Express would’ve to come up with an explanation.

At least the Privilege Proceedings against Indian Express is being sought for. Whether Editors’ Guild of India reacts to it is a guess as good as yours as mine. Press Council of India, a Central Statutory Authority, under the Ministry of Information and Broadcasting—Mrs Smriti Irani being at the helm—surely should step in as Fake News in Mainstream Media—Lutyens’ Media—is more rampant than ever.