General
Beating around the bush: Supreme Court on Centre’s denial on detailed affidavit in Pegasus row
After the Centre’s denial to file a detailed affidavit clarifying whether Pegasus spyware was used or not, the Supreme Court on Monday reserved its order on a batch of petitions seeking independent probe into the alleged Pegasus snooping case.
A bench headed by Chief Justice N.V. Ramana and comprising justices Surya Kant and Hima Kohli said the court will pass an interim order in the next few days and told the Centre that beating around the bush would not take the issue anywhere.
“Beating around the bush…we will pass some interim order,” the chief justice told Solicitor General Tushar Mehta, representing the Centre.
The Centre informed the bench that it is not going to file a detailed affidavit, after taking time twice to take a decision, whether it will file an affidavit or not on a batch of petitions seeking inquiry into alleged use of spyware Pegasus.
Mehta submitted that government can constitute technical committee of independent domain experts, who can examine the petitioners’ allegations that their phones were affected by Pegasus. Centre said this committee can submit its report to the top court.
The top court pointed at the response of former Minister for Electronics and Information Technology in Parliament in 2019. However, Mehta highlighted a recent statement made by Minister of Railways, Communications and Electronics & Information Technology of India on the floor of the Parliament clarifying the government’s stand.
A battery of senior advocates — Kapil Sibal, Rakesh Dwivedi, Dinesh Dwivedi, Shyam Divan and Meenakshi Arora –representing various petitioners objected to the Centre’s stand on the matter.
Sibal, representing veteran journalist N. Ram, said the government should clarify whether it used Pegasus or not? Sibal added that it is unbelievable that the government said it would not tell the court about the use of spyware.
“We thought government will file a counter affidavit. We are considering some interim order or some other order, we have to pass,” the bench noted during the hearing.
Divan contended that a detailed affidavit should be filed at the level of cabinet secretary. He further added that the government should be concerned if an external agency used the spyware and if it were a government agency, then it was absolutely unconstitutional.
Senior advocate Rakesh Dwivedi questioned the credibility of the expert panel formed by the government to examine the issue.
Mehta submitted, “Nobody is denying or disputing. There are sensitive issues involved. We must get to the core issue. Let the expert panel go into it.”
The Chief Justice clarified that the court is also not keen on government disclosing any information which compromises the national security. The bench noted that if government were to file an affidavit, then it would have known “where do we stand on the subject”.
Senior advocate Colin Gonsalves said a retired or sitting judge of the Supreme Court should head the probe, and the government, which is a wrongdoer, cannot be relied upon with the investigation.
Mumbai: Mumbai Economic Branch (EOW) has also started property seizure proceedings in the case of embezzlement of crores of rupees from New India Cooperative Bank. EOW said that after identifying the properties obtained from the embezzled amount, it has been attached and seized. 5 accused have been arrested in this case and 21 immovable properties of these accused have been found, which have been allowed to be confiscated.
This is the first action under 107 BNSS in Mumbai city in which the property of the accused has been seized. Mumbai AOW said that the amount recovered from the seized properties will also be estimated. After the bank scam in Mumbai, EOW has taken major action and details of other properties of the accused are also being investigated.
Crime
Mumbai Five members of Lawrence Bishnoi gang arrested, Mumbai Crime Branch gives a shock to Bishnoi gang
Mumbai: Mumbai Crime Branch has claimed to have arrested five shooters of gangster Lawrence Bishnoi gang in a major operation. 5 revolvers and 21 live cartridges have been recovered from the possession of these shooters. Mumbai Police is also interrogating these shooters. Police arrested the attackers before they could execute the incident and averted the incident. Mumbai Crime Branch has arrested these five from Andheri area. They had come here with the intention of carrying out a major vandalism incident, but the police foiled the incident before that.
The arrested accused include Vikas Thakur, Samit Dilawar, Devendra Rupesh Saxena, Shreya Suresh Yadav, Vivek Gupta. Vikas Thakur is a resident of Versova Andheri, Samit Mukesh Kumar Dilawar is a resident of Sonipat, Haryana, Devendra Rupesh Saxena is a resident of Madhya Pradesh, Shreya Suresh Yadav is a resident of Jagdishpur, Bihar and Vivek Kumar Gupta is a resident of Rampur, Rajasthan.
Weapons have been recovered from their possession and the Crime Branch has registered a case against them under Section 3 and 25 of the BNS, Section 55 and 61 (2) and Maharashtra Police Act. The Crime Branch is investigating where the accused brought the weapons from.
After the shooting of Salman Khan, Lawrence Bishnoi gang is trying to become active in Mumbai, but due to the strict action of Mumbai Crime Branch, the back of the gang has been broken and now the Crime Branch has given a big blow to the Lawrence Bishnoi gang and arrested five of its members. The Crime Branch is further investigating the matter.
Maharashtra
It is unconstitutional to deprive SP MLA Raees Sheikh of his right to handle religious affairs under Article 26 of the Constitution
Mumbai: Maharashtra MLA Raees Sheikh has opposed the introduction of the Wakf Bill in the Lok Sabha. Raees Sheikh has strongly criticized the BJP for creating a false narrative and called the bill a misconception and unconstitutional bill which is harmful for the poor of the society.
Shaikh further said that Article 26 of the Constitution guarantees freedom to run religious institutions. It is unconstitutional to take away the right of a person to run his institution under Article 26 of the Constitution. MLA Shaikh said that this move is against the constitutional guarantee of dealing with religious matters.
Shaikh said that the BJP government is showing the UPA government that it is doing politics of appeasement of a particular community, while the BJP-led government is not doing so. This is an attempt to spread a lie that allows the community to seize any land under Waqf or claim it to be Waqf. The Waqf Board is not a private organisation of the Muslim community but a statutory body established under the Waqf Act. In the process of declaring a property as Waqf, a government surveyor conducts a survey and officially declares the property as Waqf. Sheikh remarked that it is completely wrong to present the idea that Muslims can arbitrarily declare any property as Waqf.
Shaikh further said that he strongly opposes the false image being created by the government and the government has not considered the suggestions given by Muslims or the opposition. All Waqf governing boards and trusts have been given the option to exit the Waqf framework. This has weakened the system. “This is an unimaginable and unimaginable bill that only harms the poor of the society,” Sheikh said.
He further said that some provisions, such as the condition that the person making the donation should have been a Muslim for five years, are strange. Earlier encroachment on wakf property was a non-bailable offence, but now it has been made a criminal offence
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