Government snoops over common man's right to privacy
The foremost topic that was deliberated a lot on while the country stood on the threshold of welcoming Aadhar, was about the issues surrounding privacy of individuals. Many experts had expressed their apprehensions about how Aadhar may highly comprise an individual's right to privacy. There were allegations that government was introducing Aadhaar to invade or take control of people's private details and their lives. Now it is out in the open as to how information can be leaked through Aadhaar.
Till now the government would face arguments on the basis that Aadhar was fool proof as far as data is concerned. Now they have gone a step further. The government has now indirectly declared that people's personal information is the right to the government. Hence the government has issued a directive that any information stored on any computer shall be accessed by the government even without the permission of the owner of this information. Legal experts and cyber security professionals have been expressing great concerns about a directive such as this one. This directive empowers intelligence departments, narcotics control units, executive directorate, excise intelligence department, central investigation agency, national intelligence agency, cabinet committee, Jammu and Kashmir, north eastern states, secret code intelligence department in Assam, and Delhi police to monitor, and extract information from any computer whether personal or private. The right to privacy is under threat now. This will enable the government to misuse its powers now. And this will complicate people's lives even further. Defending the decision of the government, union minister Jaitley said this provision exists within the framework of IT act framed by the UPA government, and that the government wasn't misusing its powers in any manner. This way he is trying to absolve his government of any chances of having to shoulder the blame. If UPA government had done everything right, what was the need for the people to choose new government? If UPA had indeed made a mistake Modi government should not use it as defence but try to fix that error through the power and responsibility they have.
Even experts agree that IT Act does have a provision to empower the said agencies with snooping rights for the sake of national security. An act to monitor PCs was introduced in 2008 by the UPA government. Now by implementing it, the NDA government is trying to make this act effective and thus give it the sanctity that's required. Though this provision existed, no one had issued a special order to use it or empowered agencies to use the provisions. Though the IT act was amended in 2008 from the time it was framed in 2000, the rules to use this provision was publicised in 2009.
In a ruling in 2017, the Supreme Court upheld the right to privacy. Hence this directive by the government clashes directly with the Supreme Court's emphasis on privacy pertaining to constitutional rights. Starting from the CBI, the government is interfering with every investigating agency and its works. Instead of working for the welfare of the nation, allegations are aplenty that the agencies are serving the ruling dispensation.
Elements of Sangh Parivar have made a foray into these investigation agencies. Armed with information from private computers, the government and non governmental agencies too can use them against people and exploit them. Those in power may use them to silence their detractors. If the government can peep into your private space, that marks the end of constitution. This directive is an example of how the government is able to use the existing framework to push people around into delicate situations. This needs to be fought against, legally both inside and outside the courts. Or else everyone would lose their right to privacy and kneel before the higher powers. All those voices that could question the government would be silenced with this.
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Actress sexual assault: Court says Prosecution 'miserably' failed to prove conspiracy against Dileep
Kochi (PTI): The prosecution had "miserably" failed to prove the conspiracy charge against Dileep in the sensational 2017 actress sexual assault case, a local court has observed while citing inconsistencies and lack of sufficient evidence against the Malayalam star.
The full judgement of Ernakulam District and Principal Sessions Court Judge Honey M Varghese was released late on Friday, and has revealed the judge also pointing out at unsustainable arguments put forth by the prosecution.
"The prosecution miserably failed to prove the conspiracy between accused No.1 (Pulsar Suni) and accused No.8 (Dileep) in executing the offence against the victim," the court held.
It examined in detail, the prosecution's allegation that Dileep had hired the prime accused to sexually assault the survivor and record visuals, including close-up footage of a gold ring she was wearing, to establish her identity.
On page 1130 of the judgment, under paragraph 703, the court framed the issue as whether the prosecution's contention that NS Sunil (Pulsar Suni) recorded visuals of the gold ring worn by the victim at the time of the occurrence, so as to clearly disclose her identity, was sustainable.
The prosecution contended Dileep and Suni had planned the recording so that the actress' identity would be unmistakable, with the video of the gold ring intended to convince Dileep that the visuals were genuine.
However, the court noted that this contention was not stated in the first charge sheet and was introduced only in the second one.
As part of this claim, a gold ring was seized after the victim produced it before the police.
The court observed that multiple statements of the victim were recorded from February 18, 2017, following the incident, and that she first raised allegations against Dileep only on June 3, 2017.
Even on that day, nothing was mentioned about filming of the ring as claimed by the prosecution, the court said.
The prosecution failed to explain why the victim did not disclose this fact at the earliest available opportunities.
It further noted that although the victim had viewed the sexual assault visuals twice, she did not mention any specific recording of the gold ring on those occasions, which remained unexplained.
The court also examined the approvers' statements.
One approver told the magistrate that Dileep had instructed Pulsar Suni to record the victim's wedding ring.
The court observed that no such wedding ring was available with her at that time.
During the trial, the approver changed his version, the court said.
The Special Public Prosecutor put a leading question to the approver on whether Dileep had instructed the recording of the ring, after which he deposed that the instruction was to record it to prove the victim's identity.
The court observed that the approver changed his account to corroborate the victim's evidence.
When the same question was put to another approver, he repeated the claim during the trial but admitted he had never stated this fact before the investigating officer.
The court noted that the second approver even went to the extent of claiming Dileep had instructed the execution of the crime as the victim's engagement was over.
This showed that the evidence of the second approver regarding the shooting of the ring was untrue, as her engagement had taken place after the crime.
The court further observed that the visuals themselves clearly revealed the victim's identity and that there was no need to capture images of the ring to establish identity.
In paragraph 887, the court examined the alleged motive behind the crime and noted that in the first charge sheet, the prosecution had claimed that accused persons 1 to 6 had kidnapped the victim with the common intention of capturing nude visuals to extort money by threatening to circulate them and there was no mention about Dileep's role in it.
The court also rejected the prosecution's claim that the accused had been planning the assault on Dileep's instructions since 2013, noting that the allegation was not supported by reliable evidence.
It similarly ruled out the claim that Suni attempted to sexually assault the victim in Goa in January 2017, stating that witness statements showed no such misconduct when he served as the driver of the vehicle used by the actress there.
The court also discussed various controversies that followed Dileep's arrest and the evidence relied upon by the prosecution, ultimately finding that the case had not been proved.
Pronouning its verdict on the sensational case on December 8, the court acquitted Dileep and three others.
Later, the court sentenced six accused, including the prime accused Suni, to 20 years' rigorous imprisonment.
The assault on the multilingual actress, after the accused allegedly forced their way into her car and held it under their control for two hours on February 17, 2017, had shocked Kerala.
Pulsar Suni sexually assaulted the actress and video recorded the act with the help of the other convicted persons in the moving car.
