Tag: misuse

‘Misuse of central agencies’: SC refuses to entertain plea of 14 parties

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New Delhi: The Supreme Court on Wednesday refused to entertain a plea by 14 parties, led by the Congress, alleging arbitrary use of central probe agencies against opposition leaders and seeking guidelines for the future.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said that “laying down general guidelines without having relation to facts of a case will be dangerous”.
Sensing the disinclination on the part of the top court in entertaining the plea, senior advocate A M Sighvi, appearing for the political parties, sought permission to withdraw the petition.

“Learned counsel seeks permission to withdraw the plea at this stage. The petition is accordingly dismissed as withdrawn,” the bench ordered.
“You please come back to us when you have an individual criminal case or group of cases,” the bench said.
The plea alleged an alarming rise in the use of coercive criminal processes against opposition political leaders and other citizens exercising their fundamental right to dissent.
Besides the Congress, the parties that are part of the joint move are the DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party and the J-K National Conference.

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( With inputs from www.siasat.com )

April 5, 2023
UK watchdog fines TikTok millions for misuse of children’s data

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London: The UK on Tuesday imposed a 12.7-million pound fine on Chinese video app TikTok for a number of breaches of data protection law, including failing to use children’s personal data lawfully.
The Information Commissioner’s Office (ICO), the country’s information watchdog estimates that TikTok allowed up to 1.4 million UK children under the age of 13 to use its platform in 2020, despite its own rules not allowing children that age to create an account.
The move follows a UK government move last month to ban TikTok from all government phones amid security concerns around the Chinese-owned social media app.

The ban brought the UK in line with the US, Canada, the European Union (EU) and also India which has banned TikTok entirely from the country, even as the company strongly denies sharing user data with the Chinese government.
UK data protection law says that organisations that use personal data when offering information services to children under 13 must have consent from their parents or carers.
“There are laws in place to make sure our children are as safe in the digital world as they are in the physical world. TikTok did not abide by those laws,” said John Edwards, UK Information Commissioner.
“TikTok should have known better. TikTok should have done better. Our 12.7 mn pounds fine reflects the serious impact their failures may have had. They did not do enough to check who was using their platform or take sufficient action to remove the underage children that were using their platform,” he said.
TikTok said it is reviewing the decision and its next steps.

According to Edwards, under-13s were inappropriately granted access to the platform, with TikTok collecting and using their personal data. That means that their data may have been used to track them and profile them, potentially delivering “harmful, inappropriate content at their very next scroll”.
TikTok is also accused of failing to carry out adequate checks to identify and remove underage children from its platform. The ICO investigation found that a concern was raised internally with some senior employees about children under 13 using the platform and not being removed. In the ICO’s view, TikTok did not respond adequately.
Giving details of the contraventions, the ICO found that TikTok breached the UK General Data Protection Regulation (UK GDPR) between May 2018 and July 2020 by providing its services to UK children under the age of 13 and processing their personal data without consent or authorisation from their parents or carers.
It also breached UK laws by failing to provide proper information to people using the platform about how their data is collected, used, and shared in a way that is easy to understand.
Without that information, users of the platform, in particular children, were unlikely to be able to make informed choices about whether and how to engage with it and failed to ensure that the personal data belonging to its UK users was processed lawfully, fairly and in a transparent manner.
A TikTok spokesperson told the BBC that its “40,000-strong safety team works around the clock to help keep the platform safe for our community”.
“While we disagree with the ICO’s decision, which relates to May 2018 – July 2020, we are pleased that the fine announced today has been reduced to under half the amount proposed last year. We will continue to review the decision and are considering the next steps,” the spokesperson said.
The watchdog had previously issued the Chinese social media firm with a “notice of intent”, or a precursor to handing down a potential fine, warning TikTok could face a 27 million pound fine for its breaches.
The ICO said that after taking into consideration the representations from TikTok, it had decided not to pursue the provisional finding related to the unlawful use of special category data.
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( With inputs from www.siasat.com )

April 4, 2023
Full bench of Kerala Lokayukta to look into case of CMDRF funds ‘misuse’ by CM

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Thiruvananthapuram: After facing flak on the decision by its two-member bench to refer the verdict in a case of alleged misuse of Chief Minister’s Distress Relief Fund (CMDRF) by Chief Minister Pinarayi Vijayan to a larger bench, there were indications on Monday that the full bench (three members) of the Kerala Lok Ayukta will start proceedings from April 12.
The Congress and the BJP on Friday questioned the credibility of the Kerala Lokayukta, which referred the case to a larger bench.
It was after an year that the two-member bench of the Lokayukta, that had completed all its hearings in the case, gave its verdict on last Friday and this long delay came under fire.

It was also noted that had the petitioner not approached the Kerala High Court seeking its intervention, maybe the verdict could have been even more delayed.
Now all eyes are on April 12 and according to sources in the know of things, the full bench is likely to hear the case from the start and will also look into the issue if the Lokayukta is competent enough to take up the case involving a decision of the state cabinet.
Leader of Opposition V.D. Satheesan has already pointed out that the decision to refer to the full bench is nothing but questioning the credibility of the Lokayukta institution as the Lokayukta in 2019 had made it clear that the petition is valid and now again it is going to be sent to a full bench. “It is strange,” he said.
Public activist R.S. Sasikumar had filed the case in 2018, alleging misuse of the funds in the CMDRF.
He had alleged that the money was given to those who were not eligible for the relief, including the family of a deceased CPI-M legislator, the family of a top leader from a Left ally who passed away, and also to a Kerala Police officer who died when his vehicle met with an accident while accompanying then top CPI-M leader Kodiyeri Balakrishnan.

The plea to the anti-corruption ombudsman was filed by Sasikumar in September 2018 and the hearing ended on March 18, 2022. Since then till last Friday, the verdict was kept pending.
All this comes at a time when Governor Arif Mohammed Khan continues to sit on the Bill that tweaked the powers of the Kerala Lokayukta.
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( With inputs from www.siasat.com )

April 3, 2023
‘Misuse’ of central probe agencies: SC to hear plea of 14 Oppn parties on April 5

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New Delhi: The Supreme Court is scheduled to hear on Wednesday a plea filed by 14 parties, led by the Congress, alleging arbitrary use of central probe agencies against opposition leaders and seeking guidelines for the future.
According to the list of businesses uploaded on the apex court website, the plea of opposition parties would be heard on April 5 by a three-judge bench headed by Chief Justice of India D Y Chandrachud.
Justices P S Narasimha and J B Pardiwala are also part of the bench.

The joint plea was mentioned for urgent hearing on March 24 by senior advocate Abhishek Singhvi.
“I am asking for the guidelines for the future. This is a remarkable convergence of 14 parties against the misuse of the agencies, both CBI and ED,” Singhvi had said and claimed that 95 percent of cases of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) are against the leaders of opposition parties.
The senior lawyer referred to the rise in the number of cases filed by the CBI and ED after the NDA government came to power in 2014.
“Second statistics, pre-2014 and post-2014: there is a humongous jump in cases. The rate of conviction is four to five percent. We are asking for pre-arrest guidelines and post-arrest bail guidelines,” Singhvi had said.
The plea alleged there is an alarming rise in the use of coercive criminal processes against opposition political leaders and other citizens exercising their fundamental right to dissent.

“Investigating agencies such as CBI and ED are being increasingly deployed in a selective and targeted manner with a view to completely crush political dissent and upend the fundamental premises of a representative democracy,” a statement issued on behalf of a petitioner alleged.
The plea filed through lawyer Shadan Farasat cited some statistics and said they demonstrated a “shocking and unconstitutional state of affairs”.
Besides the Congress, the parties that are part of the joint move are the DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party, and the J&K National Conference, the statement said.
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#Misuse #central #probe #agencies #hear #plea #Oppn #parties #April
( With inputs from www.siasat.com )

April 2, 2023
‘Misuse of ED, CBI against Oppn’, SC to hear plea by 14 parties on April 5

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New Delhi: Fourteen political parties, including the Congress, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), on Friday moved the Supreme Court against the alleged misuse of investigative agencies in arresting opposition leaders and sought guidelines on arrest.
The parties sought guidelines to fulfil and realise the guarantee of personal liberty entrenched in Article 21 of the Constitution, for all citizens, including those targeted for exercising their right to political dissent and for performing their duties as the political opposition.
The political parties forming the petitioners are: Congress, DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party, J&K National Conference, together representing 45.19 per cent of the votes cast in the last Assembly polls, and 42.5 per cent of the votes cast in the 2019 general elections, and holding power in 11 states/union territories.
Senior advocate A.M. Singhvi mentioned the matter before a bench headed by Chief Justice D.Y. Chandrachud for early hearing.
The top court agreed to hear the matter on April 5.
The counsel clarified that they are not attempting to affect the ongoing investigations.
The plea said that 14 opposition political parties have filed a petition, in light of the alarming rise in the use of coercive criminal processes against their leaders and other citizens exercising their fundamental right to dissent and disagree with the central government.
The plea submitted that investigating agencies such as CBI and ED are being increasingly deployed in a selective and targeted manner with a view to completely crush political dissent and upend the fundamental premises of a representative democracy.

The petition has been drawn and filed by advocate Shadan Farasat and settled by Singhvi.
According to the plea, only 23 convictions under the Prevention of Money Laundering Act, 2002 (PMLA) have been secured as of now, even as the number of cases registered by the ED under the PMLA have risen exponentially (from 209 in 2013-14 F.Y. to 981 in 2020-21, and 1,180 in 2021-22).
“Between 2004-14, of the 72 political leaders investigated by the CBI, 43 (under 60 per cent) were from the Opposition of the time. Now, this same figure has risen to over 95 per cent. The same pattern is reflected in ED’s investigations as well, with the proportion of Opposition leaders from the total number of politicians investigated rising from 54 per cent (before 2014) to 95 per cent (after 2014),” it further added.
The petitioners have sought from the apex court certain prospectively applicable guidelines governing the arrest, remand, and bail of persons in offences (which may or may not be punishable with imprisonment for above seven years) not involving serious bodily harm (thereby obviously excluding homicide, rape, terrorism etc.).
“As for arrest and remand, the petitioners seek that the triple test (whether a person is a flight risk, or whether there is a reasonable apprehension of the tampering of evidence or of the influencing/intimidation of witnesses) be used by police officers/ED officials and courts alike for arrest of persons in any cognizable offences except those involving serious bodily violence. Where these conditions are not satisfied, alternatives like interrogation at fixed hours or at most house arrest be used to meet the demands of investigation.
“As for bail, the petitioners seek that the principle of ‘bail as rule, jail as exception’ be followed by all courts throughout, especially in cases where non-violent offences are alleged, and that bail be denied only where the aforementioned triple-test is met,” the plea added.
It further contended that where special laws such as PMLA with stringent bail conditions are concerned, the petitioners seek that such bail provisions be harmonised with Article 21 of the Constitution.
“As such, therefore, where it appears that the trial is unlikely to complete within six months, the accused be released on bail even under special laws unless the conditions in the triple-test are not fulfilled.”
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( With inputs from www.siasat.com )

March 24, 2023
‘Misuse of central agencies’: 14 parties move SC; seek guidelines on arrest

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New Delhi: Fourteen political parties led by the Congress on Friday moved the Supreme Court against the alleged misuse of investigative agencies in arresting opposition leaders, and sought guidelines on arrest.
Senior advocate A.M. Singhvi mentioned the matter before a bench headed by Chief Justice D.Y. Chandrachud for early hearing.
The top court agreed to hear the matter on April 5.
The counsel clarified that they are not attempting to affect the ongoing investigations.
The political parties sought laying down guidelines for law enforcing agencies and courts on arrest, remand, and bail.
The top court was informed that a majority of cases are against the opposition leaders.
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( With inputs from www.siasat.com )

March 24, 2023
AP: Naidu’s call to advocates to resist misuse of power by government

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Amaravati: Telugu Desam Party leaders Chandrababu Naidu and Nara Lokesh on Saturday called upon the advocate community to firmly resist the misuse of power by Yuvajana Sramika Rythu Congress Party (YSRCP) government.
Thanking advocates who have been bailing out TDP leaders and activists from false cases, Naidu said, “The role played by advocates in every sphere is crucial.”
The former chief minister assured the lawyers that those who firmly stand by the TDP now will be given top priority once the party is back in power.
Naidu said that along with political war, he felt the need to wage a legal fight against the “wicked policies of the YSRCP government”.
“The policy of the TDP always has been that highly educated people should plunge into politics, not the rich,” said the former chief minister
He said, “TDP allotted party tickets to as many as 47 advocates in the elections. Yanamala Ramakrishnudu, Nakka Ananda Babu, GMC Balayogi, Yerran Naidu and Rajendra Prasad are among several other TDP leaders, who discharged their duties as advocates. Kanakamedala Ravindra Kumar, who was once the TDP legal cell in charge is now a member of Rajya Sabha”.
Stating that he had been a member of the state Legislative Assembly since 1978, Naidu never witnessed this kind of situation in the State.
“The advocates, however, are getting full-time work because of the atrocious rule of YSRCP but other systems have totally collapsed,” he said.

He said that the atrocities of the YSRCP government began with the arrest of TDP state unit president, Atchen Naidu.
“TDP has a record of suppressing extremists, factionists and anti-communal forces. The party activists are now firmly resisting the state government’s barbarity and this is only possible with the help extended by the advocates,” he said.
Stating that suppressing the rowdyism of the state government is not a big deal for TDP, Naidu pledged to pay back all the atrocities with interest once elected to power.
Chandrababu Naidu said that this was the biggest legal meeting that he has convened in his political career.
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( With inputs from www.siasat.com )

March 4, 2023
BRS to raise misuse of Governor’s office in Parliament

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Hyderabad: The Bharat Rashtra Samithi (BRS) will work together with other opposition parties to expose the “anti-people” policies of the BJP-led Union government and also raise the issue of “misuse” of the office of Governor during the ensuing Budget session of the Parliament.
The decision was taken at the BRS Parliamentary Party meeting here on Sunday, which was presided over by party President and Telangana Chief Minister K. Chandrasekhar Rao.
KCR, as the Chief Minister is popularly called, made it clear that the “undemocratic” politics of the Centre should be brought to light in all the possible parliamentary democratic ways. In this direction, he made it clear that the BRS should join other parties which come together and expose the Centre in both houses of Parliament.
The BRS chief alleged that the BJPA governmentA at the Centre is undermining the federal spirit and causing trouble to the states in many ways.
“This issue should also be raised in the parliament. The Centre should be forced to tell the nation what is the reason behind creating financial and other obstacles to Telangana which is running on the path of progress. The Central government is also misusing the Governors’ system,” he said.
“It is undemocratic that the Centre is using the governors as their henchmen to weaken the states. The BRS MPs should strongly oppose in both Houses the evil policies of using the system of Governors, who are supposed to be negotiators between the Centre and States while performing their Constitutional duties, for their own political interests. The Governors are deliberately delaying the decisions taken by the state Cabinet, the Legislative Assembly and the Legislative Council as well. BRS MPs should expose the Centre’s attitude and undemocratic policies of the Governors, who are trying to obstruct state governance and development, in the Parliament,” he said.
The party expressed serious concern that the situation in the country is deteriorating day by day due to the unfortunate policies adopted by the Modi government.
KCR directed the party MPs to expose the Centre which is pursuing “anti-people” policies. He told the MPs that the mistakes committed by the Centre should be brought to the attention of the country by acting strategically and raising the voice on the issues relating to people of the state as well as the country during the Parliament session.

The meeting, which lasted for more than four hours and discussed several issues, expressed concern that the negligent and perilous policies followed by the Centre are causing immense damage to the future of the country.
“The policies pursued by the BJP led Union government have become obstacles to the development of the country’s integrity. This is unfortunate. The Centre is giving arbitrarily the hard earned people’s money to their corporate friends. The Central government is showing special affection towards its friendly corporate forces and waived off loans worth lakhs of crores of rupees. In public sector companies like LIC, shares are being transferred to big businessmen like Adani aimlessly,” said KCR.
“The country is watching the hollowness of the companies which are losing lakhs of crores of rupees on a daily basis as the value of their shares plunged suddenly. It is clear that their profits are not all wealth. The Centre is making irreparable loss by privatising all the country’s assets to contribute to such financial irregularities. Both the houses of Parliament should raise their voices against the dangerous economic policies followed by the Central government which is helping the private sector to gain profits and people bear the brunt of losses. BRS MPs should strongly condemn the attitude of the BJP-led Central government which is harming the interests of the people of the country,” he added.
KCR told MPs that for the future of the country, BRS MPs should come together with MPs from every party to fight against the BJP government at the Centre in Parliament on public issues.
“The prices of petrol, diesel, cooking gas and other essential goods are increasing abnormally.The Center is not serious on the common man’s life which is burdened day by day by rising prices,” he said, directing the MPs that the sufferings and hardships of the common people across the country should be brought to the attention of the people of the country through both houses of the Parliament.
The BRS chief also asked the MPs to raise the issue of unemployment which is increasing by the day.
He also alleged that the Central government is not serious on the promises made to Telangana under the AP Reorganisation Act and the MPs should raise their voice in this regard.
Parliamentary party leaders K. Keshavrao (Rajya Sabha), Nama Nageshwar Rao (Lok Sabha), MPs Joginapalli Santosh Kumar, K.R.A Suresh Reddy, Badugula Lingaya Yadav, Vadiraju Ravichandra, Bandi Parthasarathy, Deevakonda Damodar Rao, Kotha Prabhakar Reddy, BB Patil, Manne Srinivas Reddy, Maloth Kavita Naik, Pasunuri Dayakar, Borlakunta Venkatesh and Potuganti Ramulu participated in the meeting.
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( With inputs from www.siasat.com )

January 29, 2023