Gujarat Assembly passes controversial Anti-Terror Bill

March 31, 2015

Gandhinagar, Mar 31: Gujarat Assembly today passed by a majority vote the controversial Control of Terrorism and Organised Crime (GCTOC) Bill which allows police to intercept and record telephonic conversations and submit them in court as evidence.

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The Bill, which was earlier returned by the President thrice to the state government for reconsideration, was passed by a majority vote amid stiff resistance from Opposition Congress, which walked out of the House over its controversial provisions.

The state government re-introduced the Gujarat Control of Organised Crime (GUJCOC) Bill in the Assembly after renaming it. The bill, however, has retained the controversial provisions.

The contentious provisions of the bill include admissibility of evidence collected through telephonic interception and confession made before police officer as evidence in court.

The GUJCOC Bill, which was on the lines of the stringent Maharashtra Control of Organised Crime Act (MCOCA), was rejected in 2004 and 2008 by then President AJP Abdul Kalam and Pratibha Patil respectively.

After its passage for the third time in the State Assembly without any changes, the Bill is still pending for clearance from the President.

The Bill was today again introduced in the House by Minister of State for Home Rajnikant Patel, after which a long debate took place on it, in which Opposition Congress demanded removal of controversial sections like telephonic interceptions, confessions made before some police officer as evidence and time limit of 180 days for filing of chargesheet.

At the end of the discussion, Congress leader Shankarsinh Vaghela and Shaktisinh Gohil insisted that the controversial provisions should be dropped as per the suggestions of past Presidents when they rejected the Bill.

However, Patel said that the provisions of this Bill are in favour of the nation, the people of this country and it allows us to take action against traitors and refused to drop those sections.

Subsequently, Congress walked out of the House.

Later, the Bill was passed by majority vote in the State Assembly.

Section 14 of the Bill says, "Notwithstanding anything contained in the code or in any other law which is in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of any other law shall be admissible as evidence against the accused in the court during the trial of the case."

According to Section 16 of the Bill, accused's statement before a police officer, not below the rank of Superintendent of police, will be treated as an evidence.

While, Section 20 (2) (b) says stipulated time to complete probe and file the chargesheet can be exceeded to 180 days (six months) from the current stipulated time of 90 days.

Another controversial provision under the bill is section 20 (4), which reads "no accused person in this act shall be released on bail or on his own bond unless the public prosecutor has been given an opportunity to oppose the application, the special court is satisfied that there are reasonable grounds for believing that accused is not guilty of such offence and that he is not likely to commit any offence while on bail."

The cases under the act can be tried only in a special courts set up for this purpose.

Congress leader Shaktisinh Gohil objected to the provisions of the Bill and said that some of them are even unconstitutional.

He told the House that the provision of confession before a police officer is contradictory with Indian Evidence Act as according to Section 164 of CrPC and Indian Evidence Act, a statement before the magistrate can only be considered as an evidence.

On the provision of not releasing an accused on bail, Gohil said the provision is unconstitutional which deprives the right of an accused to get released on bail on his own bond.

However, the government justified the provisions in the Bill by saying that existing legal frame work like the penal and procedural laws and adjudicatory system have been found to be rather inadequate to curb or control the menace of organised crime.

"It is therefore considered necessary to enact a special law with stringent and deterrent provisions," the state government said in the objectives of the Bill.

About the provision of telephonic interceptions, the 'Statement of Objects and Reasons' in the Bill states that this is necessary in these times where organised criminal syndicates make extensive use of wire and oral communication.

It says that the interception of such communication to obtain evidence is inevitable and an indispensable aid for the law enforcement.

Former President APJ Abdul Kalam had in 2004 raised objections over section-14 (telephonic interception as evidence) and returned the bill to the government led by the then chief minister Narendra Modi, asking it to remove the clause.

Later in 2008, the Bill was passed after deleting the clause related to interception of communication, as per the suggestion of Kalam.

However, then President Pratibha Patil rejected it and suggested some more amendments. One of them was to eliminate the provision which allows admissibility of confession made before a police officer in the court as evidence.

However, ignoring the suggestion, the state government had once again passed the bill in 2009 for the third time and sent it for President's approval.

The old Bill is still pending with the President.

But, the ruling BJP hopes that as the NDA government is in power on at the Centre, the new bill is sure to pass the test there.

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News Network
April 22,2024

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New Delhi: Even though Prime Minister Narendra Modi's nasty election speech in Rajasthan's Banswara has triggered a nationwide controversy, the Election Commission has so far not taken any action. Meanwhile the Opposition bloc INDIA called the speech an attempt to divert attention from "real issues".

Addressing the people Banswara, on April 21, (Sunday) Modi openly attacked India’s Muslims, suggesting they were “infiltrators” and went on to claim that the opposition if elected would give away “mangalsutras” and “land” of those listening to his speech to them (Muslims). 

He referred to his immediate predecessor, Dr Manmohan Singh who was in office for 10 years as prime minister till 2014, and said, “Earlier, when his government was in power, he had said that Muslims have the first right on the country’s property, which means who will they collect this property and distribute it to – those who have more children, will distribute it to the infiltrators. Will the money of your hard work be given to the infiltrators? Do you approve of this?” 

Modi went on to say, “This Congress manifesto is saying that they will calculate the gold of the mothers and sisters, get information about it and then distribute it. Manmohan Singh’s government had said that Muslims have the first right on property. Brothers and sisters, these urban Naxal thoughts will not let even your mangalsutra escape, they will go this far.”

Narendra Modi and the BJP so far in their campaign trail have invoked religious faith, the Ram temple and Lord Ram multiple times, directly using it to call for people to vote for them. The Election Commission has been completely silent on the messaging via videos, tweets and other exhortations. 

Did Manmohan Singh really say that?

Modi’s claim that Dr Singh said that is not new and was refuted in 2006 itself by Singh’s PMO, when Modi had first made the false claim. The PMO had termed such remarks, “a deliberate and mischievous misinterpretation of what the Prime Minister said here yesterday at the meeting of the National Development Council, on fiscal priorities of the government.” It was termed “an avoidable controversy has been generated. The Prime Minister’s observations have also been quoted out of context in some sections of the electronic media, fuelling a baseless controversy.”

The full text of the paragraph in which the Prime Minister referred to the issue of minority empowerment to clarify the matter is as follows:

“I believe our collective priorities are clear: agriculture, irrigation and water resources, health, education, critical investment in rural infrastructure, and the essential public investment needs of general infrastructure, along with programmes for the upliftment of SC/STs, other backward classes, minorities and women and children. The component plans for Scheduled Castes and Scheduled Tribes will need to be revitalized. We will have to devise innovative plans to ensure that minorities, particularly the Muslim minority, are empowered to share equitably in the fruits of development. They must have the first claim on resources. The Centre has a myriad other responsibilities whose demands will have to be fitted within the over-all resource availability.”

The PMO’s clarification said. “it will be seen from the above that the Prime Minister’s reference to “first claim on resources” refers to all the “priority” areas listed above, including programmes for the upliftment of SCs, STs, OBCs, women and children and minorities.

Opposition reacts

Chairman, Media and Publicity department of the Congress, Pawan Khera said in a video message in a post, “We challenge the Prime Minister to show us if the word Hindu or Muslim is written anywhere in our manifesto. This kind of lightness is there in your mentality, in your political values. We have talked about justice for the youth, women, farmers, tribals, middle class and workers. Do you object to this as well?”

Khera was referring to earlier mistruths uttered by Modi about the “Muslim League” having influenced the Congress manifesto.

In Jharkhand’s Ranchi at an opposition rally, Congress president Mallikarjun Kharge is reported to have said by BBC Hindi, “If democracy and the Constitution end in the country, then the people will have nothing left. Babasaheb Ambedkar ji and Jawaharlal Nehru ji gave equal voting rights to everyone, due to which all classes got respect. But Narendra Modi wants to snatch their rights from the poor.”

B.V. Srinivas termed it as unfortunate that “this person is the Prime Minister of this country, and an even bigger tragedy is that the Election Commission of India is no longer alive.” He said that “due to the frustration of impending defeat, the Prime Minister of India is openly sowing the seeds of hatred, he is polarising by misquoting Manmohan Singh’s 18-year-old incomplete statement, But the Election Commission (Modi ka parivar) is bowing down.”

Modi’s past hate-speech

Modi, in his 12-year tenure as chief minister of Gujarat was known to have made speeches targeting the state’s minority Muslim community brazenly, terming camps where Muslims were forced to stay in after communal violence gripped the state in 2002. Frontline covered him on his Gujarat Gaurav Yatra started shortly after the violence, at a rally at Becharaji in Mehsana district in northern Gujarat, when he said, “What should we do? Run relief camps for them? Do we want to open baby-producing centres? But for certain people that means hum paanch, hamare pachees.” 

In 2017 it was time again for direct speech targeting Muslims when in February he spoke of ‘shamshaan versus kabristan’ campaigning for UP and then for Gujarat elections when the BJP had its worst performance this millennium, in a speech at Palanpur on December 10, 2017 Modi invoked a “secret meeting” to get Pakistan to fix Gujarat’s assembly polls. He said that a meeting was held at Congress leader Mani Shankar Aiyar’s residence, attended by former PM Manmohan Singh, former Vice-President Hamid Ansari, former Army Chief Deepak Kapoor and distinguished diplomats to execute the plot. Modi’s PMO faced embarrassment when in response to an RTI filed by the Congress, his office was forced to say that Modi’s campaign speech could have been based on an “informal input”.

In the only question he has answered as part of a press conference with Joe Biden on June 22, 2023, Modi was asked, “India has long prided itself as the world’s largest democracy, but there are many human rights groups who say that your government has discriminated against religious minorities and sought to silence its critics.  As you stand here in the East Room of the White House, where so many world leaders have made commitments to protecting democracy, what steps are you and your government willing to take to improve the rights of Muslims and other minorities in your country and to uphold free speech?”

In response Modi appeared visibly frazzled and denied all charges. “I’m actually really surprised that people say so.  And so, people don’t say it.  Indeed, India is a democracy.” 

The journalist was trolled online by BJP leaders and supporters to such an extent that the White House had to come out and defend her and strongly denounce the trolling and abuse.

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April 11,2024

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BJP MLA Arabail Shivaram Hebbar’s son Vivek Hebbar on Thursday, 11 April, joined the Congress party along with his supporters at Banavasi in Uttara Kannada district.

After quitting the BJP, Vivek Hebbar joined the party in the presence of state Congress vice president and former MLC Ivan D’Souza and other local party leaders.

Speculations have been rife about his father Shivaram Hebbar, an MLA from the Yellapur Assembly segment, also planning to join the Congress, ever since he did not turn up for voting during the polls to four seats of the Rajya Sabha from Karnataka held on 27 February.

The senior Hebbar’s absence from voting, despite a party whip, had caused embarrassment to the BJP. He had, however, later attributed his absence to poor health.

The BJP had also issued notice to him, which he responded to.

Shivaram Hebbar had recently met Deputy Chief Minister and state Congress chief DK Shivakumar but claimed that the meeting was about water issues in his Assembly segment.

The senior BJP leader was earlier with the Congress. He was among 17 Congress-JD(S) legislators, who had quit from their parties, which ultimately led to the collapse of the then HD Kumaraswamy-led coalition government in July 2019.

Shivaram Hebbar had subsequently won the by-poll on a BJP ticket and served as a minister in the then government of the saffron party.

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April 20,2024

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New Delhi: The Aam Aadmi Party on Saturday alleged that Delhi Chief Minister Arvind Kejriwal is being pushed towards a “slow death” inside Tihar jail by denying him insulin and consultations with his doctor.

Kejriwal, who has Type-2 diabetes, has been asking for insulin and a video conferencing with his family doctor but his requests are being denied by the jail administration, party spokesperson Saurabh Bharadwaj said in a press conference.

"I want to say with full responsibility that a conspiracy is underway for the slow death of Kejriwal," Bharadwaj claimed citing blood sugar readings of the Chief Minister in jail.

He also slammed the Tihar administration, BJP, Centre and Delhi LG for allegedly denying insulin to Kejriwal and said the Delhi Chief Minister had been suffering from diabetes for the last 20-22 years.

On Friday, the chief minister council Senior advocate Abhishek Singhvi said Kejriwal has not been administered insulin to control his sugar levels since his arrest, terming it “shocking” and “alarming”.

The ED had on Thursday claimed before the court that Kejriwal was eating food high in sugar like mangoes and sweets every day, despite having Type-2 diabetes, to create grounds for medical bail.

Kejriwal, however, refuted the ED’s claims by asserting before a court that the food he consumed was in conformity with the diet chart prepared by his doctor.

“Out of 48 meals sent from home, only three times mangoes were there…,” Singhvi told the court.

Bharadwaj said Kejriwal was allowed by the court to use a machine in the jail to monitor his daily blood sugar levels.

"Overall, it was a conspiracy to finish Kejriwal so his multiple organ damage and when he comes out of jail after 2-4 months he goes for treatment of kidney, heart and other organs," said Bharadwaj, who holds the portfolio of health in Delhi government.

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