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Tata Communications denies data leak claimed by hackers: Here is what we know so far

Anurag
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Tata Communications denies data leak claimed by hackers: Here is what we know so far

We reported on Monday that Tata Communications had suffered a data breach, and the hackers had claimed they had sold access to Tata’s servers to someone. A Tata Communications representative approached OpIndia over the report and denied any data leak. Since the last report was published, we further investigated the alleged data breach and discovered more information.

Hacker claimed it was not direct access to Tata Communications servers

We contacted the hacker on Telegram on the ID he had mentioned in the thread to get more information about the data he was selling on the hackers’ forum. During the conversation, when we questioned the authenticity of the data and if he actually has access to the Tata Communications servers, he sent a few server logs that can only be accessed if someone has partial or complete access to the server admin. The IP mentioned in the server log was, in fact, of Tata Communications. However, there is more to the story.

Server log allegedly obtained from Tata Communications’ server by the hacker. The image was shared with the covered lines in the bottom with red. We have hidden some more information on the file.

Server logs can be accessed by anyone who has access to the server root. It is not essential that the breach was from the main company, but it could have been via a contractor that manages the servers. In this case, according to the claims made by the hacker during the conversation, it was Route Mobile.

He said that he first got access to the Route Mobile servers after hacking into the subdomains of Route Mobile. He then allegedly installed Web Shell to gain continued access. He took the data dump from their servers and got access to employees emails. From those emails, he allegedly fetched login information to the Tata Communications servers and took a data dump from there.

It has to be noted that Route Mobile also denied the data breach, according to news agency IANS.

While the hacker still claims that the data dump belongs to Tata Communications and Route Mobile, both the companies are maintaining the stand that there was no breach at their ends. It is a matter of further investigation to confirm the hackers and the tech giants’ claims. OpIndia is keeping track of the story and will update it accordingly.

BBC Urdu documentary reveals how state-sanctioned Pakistani textbooks demonize Hindus

OpIndia Staff
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BBC Urdu documentary reveals how state-sanctioned Pakistani textbooks demonize Hindus

BBC Urdu published a video on YouTube on Monday highlighting the inherent prejudice against Hindus that textbooks in Pakistan advocate. The video features several Pakistani Hindus who point out the rampant anti-Hindu propaganda peddled by school textbooks in Pakistan and narrate the painful humiliation they had to endure at the hands of their friends, colleagues and classmates, simply for being Hindus.

The video also demonstrates the normalisation of anti-Hindu bigotry in school textbooks officially sanctioned by the Pakistani government. Children, early on from their tender age, are conditioned to hate Hindus as state-sanctioned textbooks demonise them, refer to them ‘kafirs’ (derogatory slang for non-believers), and hold them responsible for all the evils besetting Pakistan.

The Pakistani Hindus in the video quote various school textbooks to showcase how school textbooks endorse hate against Hindus and Hinduism. These youths belonging to varying fields chalked up the intolerance towards Hindus in Pakistan to the state textbooks that carry prejudicial content against Hindus and characterise them as the source of all evils. They cited excerpts from school textbooks of different standards that perpetuated anti-Hindu bias and relegated Hindus to second-class citizens.

One of them, who identified himself as Rajesh Kumar, cited a Pakistani school textbook that described Hindus as ‘Kafirs’, meaning idolaters or those who worship idols, and alleged that Hindus were misogynists who buried their newborns alive if they happened to be girls.

Kumar cites the 11th and 12th-grade books of the Sindh Text Book Board to highlight the use of epithets like “enemies of humanity” to describe Hindus and Sikhs. He further adds that the book claims that Hindus and Sikhs killed thousands of women, men, and children.

Like Rajesh, others interviewed by the BBC also felt that Pakistani textbooks portrayed their faith incorrectly. Dr Rajwanti Kumar, a Hindu girl in Pakistan, said she was often jeered at by her classmates because she was a Hindu. Some of her classmates even asked her to celebrate the independence day not on August 14 but on August 15, India’s independence day.

The books in Pakistan tend to push a narrative that Hindu minorities in the country are loyal to their neighbouring country and arch-nemesis India. In this way, perception is raised among the Muslim students that Hindus in their country are traitorous and have no patriotic feeling for Pakistan.

Dr Kumar cited the 9th and 10th-grade books to point out how Pakistani books characterise Hindus as treacherous and deceitful. She says the books claim that Muslims and Hindus joined hands to fight against the oppressive British regime. However, the association could not last long because of the perpetual hostility displayed by Hindus towards Muslims.

Others who were interviewed for the documentary also highlighted specific excerpts from Pakistani textbooks where Hindus and Hinduism were vilified.

Hindus villainised in textbooks to justify the decision of partitioning away from India: Pak Educationist

According to well-known Pakistani educationist AH Nayyar, hatred against Hindus is couched in a subtle way in Pakistani books. He explains when the history of Pakistan is taught, the battle between the Muslim league and Congress is portrayed as a fight between Muslims and Hindus.

In a sense, Nayyar says, Hindus are projected as villains in Pakistani textbooks, in a bid to justify the founding of Pakistan and the politics behind it.

He highlights another key problem in the Pakistani textbooks. He says while the history of Muslim rule is prominently presented in these books, there is no mention of Hindu history. The history of the subcontinent, for example, begins with the arrival of Muslims in the region. There is no mention of past Hindu rulers who preceded the Muslim rule in the region.

Hindus and minorities in Pakistan live under a constant threat of persecution

This unadulterated hatred against Pakistani Hindu ultimately manifests in the crimes carried out against Hindus in Pakistan. Minorities in Pakistan, especially Hindus, live in a perpetual fear of persecution. Hindus are implicated in fake cases of blasphemy. Their daughters are abducted, forcibly converted to Islam and married off to their captors.

Even the courts fail to do justice for Hindus in Pakistan. In fact, in some cases, the courts have actively participated in perpetuating injustice to the Hindu and Christian minorities. In June 2020, a district magistrate allowed a Muslim man to keep his Hindu wife even after the parents of the girl alleged that their daughter was kidnapped and forcibly married off to the man.

‘Everybody is in such a haste to have their names appear in LiveLaw and Bar & Bench’: Delhi HC schools law student on PIL for door-to-door vaccine

OpIndia Staff
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‘Everybody is in such a haste to have their names appear in LiveLaw and Bar & Bench’: Delhi HC schools law student on PIL for door-to-door vaccine

Delhi High Court on the 13th of April dismissed a plea seeking door-to-door Covid-19 vaccine in the city. The PIL was filed by a law student Mrigank Mishra whose father is also an advocate. A two-Judge Bench comprising of Justice Rajiv Sahai Endlaw and Justice Amit Bansal heard the plea. During the hearing, the court pointed out that the petitioner had not done his homework before submitting the plea.

‘We don’t have the wherewithal to decide all this’

The court was not pleased with the plea from the very beginning of the hearing. When advocate Ashish Mohan, appearing for the petitioner, sought directions from the court to widen the involvement of private players, the court asked if similar petitions were considered by the court before or not. The court said, “We don’t have the wherewithal to decide all this.”

Petitioner came without any homework on vaccine data

During the hearing, the court noticed that the petitioner had not done his homework on the Covid-19 vaccine availability. The court asked the petitioner if he knew how many vaccines per day are being administered. Adv Mohan replied 100 per session, and there are four sessions.

It has to be noted that the petitioner did not mention how many total vaccines are being administered in the state of Delhi. As per the Ministry of Health and Family Welfare, Delhi has administered vaccines to over 22,35,000 people so far, out of which 18,55,000+ have got 1st dose while 3,80,000+ have got both the shots.

The court said, “We are prima facie of the view that court doesn’t have the wherewithal to deal with such matters which require empirical data. Not sure if petitioner did his homework before filing the petition.”

‘Campus law centre is not keeping you busy, it seems’

When the court noticed that the petitioner was attending the hearing, they asked him about his education. He informed me that he was a final year student at Campus Law Centre. The court asked him if he thinks a law student can decide what the government should do about the vaccination program. The court remarked, “Campus law centre is not keeping you busy, it seems”.

‘Petition is drafted for the sake of publicity’

In its order, the court said that the petitioner seems to have not done his homework about the vaccine availability and expressed anguish over the shallowness with which the petition was drafted for the ‘sake of publicity.’ The court added, “Since Petitioner has understood the consequences and in future would not indulge in such litigation, we are not imposing cost.”

When Advocate Mohan requested the court to tone down the order as it may hamper the future of the ‘young lawyer’, the court agreed and said, “We will tone it down. Everybody is in such a haste that their names (appear) in LiveLaw and Bar & Bench.”

Supreme Court had expressed displeasure over filing frivolous PILs

In May 2020, a Supreme Court bench headed by Justice NV Ramana and comprising Justices SK Kaul and BR Gavai said the concept of the PIL had been forgotten, as lawyers keep filing petitions on “what they feel is possible”. “This is not public interest litigation,” observed the bench.

The observation from the apex court came after a batch of petitions were filed citing gaps in the RBI circular issued on March 27, granting a three-month moratorium on repayment of term loans by borrowers, which meant they would not have to pay loan EMI instalments during the moratorium period. The bench junking the PILs said there was no aggrieved party before it.

Nashik woman drives to crematorium with the dead body of her mother, could not find an ambulance

OpIndia Staff
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Nashik woman drives to crematorium with the dead body of her mother, could not find an ambulance

The second wave of the coronavirus pandemic has put people in tragic circumstances. In Maharashtra’s Nashik city, a woman was forced to drive to the crematorium with the mortal remains of her mother as she could not find any hearse or ambulance to carry her body. Her mother had succumbed to Covid-19 infection, as per a TV9 report.

The woman received no help and was forced to carry the dead body of her mother in the backseat of her car and drive to the crematorium to perform the final rites. The passersby who witnessed the unfortunate incident were moved to tears.

In another heart-wrenching incident, the locals had to perform the last rites of an old man whose son lives abroad and grandson was stuck in Maharashtra’s Dombivali.

Corpses wrapped in garbage bags

Earlier today, Maharashtra BJP leader Kirit Somaiya shared harrowing visuals of corpses being taken for cremation from the Saket Global Hospital in Thane, wrapped in garbage bags and polythene. 

8 Coronavirus dead bodies burnt on a single pyre in Maharashtra

Last week horrifying reports emerged from Beed district in Maharashtra where corpses of 8 coronavirus patients were burnt on a single pyre due to a lack of space in a makeshift crematorium. 

“It was a big pyre and the bodies were kept at a certain distance from each other,” informed Ambajogai Municipal Council’s chief officer Ashok Sabale.

Lack of space in Aurangabad crematorium, no wood for the pyre in Bhusawal

A shortage of space was reported in a crematorium in Aurangabad last week. As per a TV9 report, pyres have to be set on fire even before the previous one extinguishes completely. 

The city of Bhusawal located in Jalgaon district reported a shortage of dry wood to light the pyre of the deceased. The relatives of the deceased have to queue up and wait for hours to perform the final rites. 

Sanjay Raut says Maharashtra government is the best, blames Kumbh Mela and Uttarakhand for Covid-19 mess

OpIndia Staff
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Sanjay Raut says Maharashtra government is the best, blames Kumbh Mela and Uttarakhand for Covid-19 mess

The state of Maharashtra is exploding with new corona cases every single day. 51,751 new cases and 258 deaths were recorded by the state in the past 24 hours. Amidst rising concerns, Shiv Sena MP Sanjay Raut while addressing the media blamed people coming from other states for the spike in Covid-19 cases in the state.

He further claimed that Chief Minister Uddhav Thackeray leading the Maharashtra government is the most efficient authority governing the state right now. Raut while declaring Maharashtra’s health infrastructure to be the best in the country said that despite the rise in cases, the situation will be brought under control at the earliest under the leadership of CM Uddhav Thackeray. 

Sanjay Raut went a step ahead to blame the Uttarakhand government for permitting Kumbh Mela while on the other hand, lauded the Maharashtra government for imposing stringent restrictions on the festival of Gudi Padva which is being celebrated today across the state.

“It is painful for the Shiv Sena to put restrictions on our festivals and religious celebrations but the party dares to do so to save the lives of people. Our priority is to save as many lives as possible. I believe that people coming from the Kumbh mela will cause further spread of COVID-19 cases, which will cause havoc,” Raut said.

Maharashtra Cabinet minister Aslam Sheikh was also heard singing the same tune. In a video interaction, he compared the congregation at Kumbh Mela to Tablighi Jamaat. Citing devotees returning from Kumbh Mela as a potential threat, he said, “There will be strict SOPs for upcoming festivals. Otherwise, you can see how there is a rise in COVID-19 cases due to permission by a government for Haridwar Kumbh. They are the same people who defamed Tablighi Jamaat and accused them of spreading the disease.”

It is imperative to note that the Kumbh Mela under the Uttarakhand government is taking place with strict rules and regulations. A Covid-19 negative RT-PCR report, not more than 72 hours prior to arrival, has been mandatory for attending the festival. In addition, all entry-points to Uttarakhand have Covid-19 testing points.

it is pertinent to mention here that Maharashtra has been consistently far ahead than any other state in contributing to the Covid-19 tally in the country. They have consistently managed to contribute over 30% of daily new for months on end. Therefore, Sanjay Raut to turn around and blame others for the situation in Maharashtra does not make any sense.

Prepare for lockdown says Maharashtra’s Health Minister

No amount of curbs or restrictions has been able to flatten the curve in Maharashtra. As a result, Maharashtra’s Health Minister Rajesh Tope has confirmed that a lockdown will be imposed in the state soon.

“Prior information will be given to people before the lockdown is implemented. At this point of time all that I would want to say to the residents of the state is that they should mentally prepare themselves for a lockdown,” informed Tope. 

Last week, the state government imposed additional restrictions, including weekend lockdown and night curfew, to contain the spread of COVID-19 but nothing seems to be working. The state has been unsuccessful in getting the public to abide by the Covid-19 restriction norms.

BJP, which is the opposition party in the state, is still opposing a full lockdown.

Opposition leader Devendra Fadnavis remarked, “I can understand locking and unlocking (to contain the spread of coronavirus) is important but when a lockdown is imposed, people lose their jobs. Unfortunately, the state government is not at all conscious about providing financial help to the (vulnerable) people.”

The MVA government is likely to announce its decision on lockdown after the state cabinet meeting which is scheduled for April 14.

Mumbai police initiate process to dismiss tainted cop Sachin Vaze without conducting departmental probe: Report

OpIndia Staff
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Mumbai police initiate process to dismiss tainted cop Sachin Vaze without conducting departmental probe: Report

Troubles for suspended ASI Sachin Vaze only seems to be mounting. Mumbai Police has initiated the process of dismissing from service suspended cop Sachin Vaze, arrested by the NIA in the case of an explosives-laden SUV found near industrialist Mukesh Ambani’s residence and the murder of businessman Mansukh Hiran.

According to reports, the process of dismissal has been initiated under Article 311 of the Constitution, which enables the competent authority to dismiss the erring officer in larger interest without conducting a departmental enquiry.

In the normal course, the competent authority has to hold a departmental inquiry and get charges proved before dismissing an officer. But in some cases, this condition can be waived. In order to do so, the city police will invoke Article 311 of the Constitution, which deals with the dismissal, removal or reduction of the rank of those employed in civil capacities under a state or Union.

“We have received the report from NIA on Vaze’s role and invoking of UAPA. Vaze was involved in anti-national activities (planting explosives), which is enough material to proceed for dismissal. We have started the process and are taking legal opinion”, said an IPS officer, adding that Vaze’s past including his involvement in the custodial death of 2002 blast accused Khwaja Yunus and suspension of 17 years will also be taken into account.

The decision of Vaze’s dismissal was taken following a report submitted by NIA on his involvement in planting the gelatin sticks in the SUV found outside Mukesh Abani’s residence.

Besides, the report from NIA, the Mumbai police had written to the Maharashtra Anti-Terrorism Squad (ATS) and sought documents pertaining to the case. It also procured a copy of the FIR registered in connection with Hiran’s murder and the statement of the businessman’s wife in which she raised suspicion over Vaze’s role in his death.

After receiving all the documents, the special branch recently initiated the process to dismissing Sachin Vaze from service under Article 311 of the Constitution. Based on the documents received from the ATS and the NIA, the Mumbai police special branch will send a proposal to the government to dismiss Sachin Vaze from service and a decision will be taken accordingly.

Prior to this, Sachin Vaze’s close aide API Riyazuddin Qazi was suspended from service on Monday after he was arrested by the NIA in connection with the investigation into the Antilia Bomb Scare case. The suspension was reportedly issued by DCP (Local Arms) on Monday.

Bizarre Dutch dark comedy film ‘The Columnist’ mocked for showing journalist going on a killing spree against online critics

OpIndia Staff
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Bizarre Dutch dark comedy film ‘The Columnist’ mocked for showing journalist going on a killing spree against online critics

A Dutch movie titled “The Columnist”, or “The Pussy Whore” in its original Dutch, has become the subject of internet mockery after its trailer went viral on the social media platform Twitter. The movie follows Westworld-fame Katja Herbers playing the role of Femke Boot, a newspaper columnist facing pressure from her publisher to complete her book and a seemingly endless stream of online harassers.

In order to deal with this endless online harassment, the journalist character decides to hunt down and murder people who write mean or rude stuff about her online.

To the surprise of no one, the movie has garnered immense praise from fellow journalist movie critics. The Columnist currently holds an 82% “Fresh” rating on the review-aggregation site Rotten Tomatoes. Fellow journalist movie critics have described the film as “smart, stylish, subversive”, “a gleeful joy” and  “an excellent black comedy thriller about the price of free speech and its problematic consequences.”

However, internet users have not taken kindly to the premise of the movie, describing the concept of the film as a “power trip” for journalists. Twitter users were quick to pounce on the absurdity of the movie’s concept, mocking the movie and journalists wholesale.

The movie was derided for being a ‘revenge’ flick for journalists.

People online described the movie as a ‘coping mechanism’ for journalists who cannot deal with criticism online.

According to a 2017 study reported in Business Insider, the brains of journalists show a “lower-than-average” level of executive functioning, which results in them having a “below-average ability to regulate their emotions, suppress biases, solve complex problems, switch between tasks, and show creative and flexible thinking.” The study blames this on the tendency of journalists to self-medicate with alcohol, caffeine, and high-sugar foods.

Constant ‘beheading’ threats by Islamists: Hindus come out in large numbers to support Yati Narsinghanand Saraswati, demand security for him

Jhankar Mohta
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Constant ‘beheading’ threats by Islamists: Hindus come out in large numbers to support Yati Narsinghanand Saraswati, demand security for him

For more than a week, Muslim hardliners in various cities have been protesting against Dasna Devi Temple’s head priest Yati Narsinghanand Saraswati for his statements against Muhammad. Endless calls for the beheading of the priest have been made by several Muslim groups and even mainstream political parties for his alleged ‘blasphemy’.

Yesterday, the Kanpur unit of All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) had put up incendiary ‘sar tan se juda’ posters with gory images, calling for the beheading of Narsinghanand Saraswati and Wasim Rizvi. Another despicable poster had a dog and a child urinating on Narsinghanand Saraswati. Similarly, videos surfaced where young Muslim children could be seen calling for the beheading of the priest on open streets.

Enraged by the Islamic fanatics openly calling for murder under religious and political sanction, Hindus from various corners of the country are now coming together in large numbers to voice their support for Yati Narsinghanand Saraswati.

Hindus organise processions in support of Yati Narsinghanand Saraswati

In a video shared on Twitter, Hindus are seen carrying out a huge procession in support of the Hindu priest. Swami Yati’s supporters are seen crying a poster that reads: “We support the truth, we support Yati Narsinghanand Saraswati”. They raised slogans in support of the Hindu priest.

Hindus demand ‘Z’ category security for the Hindu priest

Additionally, members of the Hindu outfits like the Shakti Dal, International Hindu Council and many Bajrang Dal activists gathered at the Collectorate campus in Shahjahanpur, Uttar Pradesh on Monday to protest against the violent threats being issued against Narsinghanand Saraswati.

According to a report by Hindi Daily Amar Ujala, the Hindu leaders handed over a memorandum to the UP Chief Minister demanding ‘Z’ category security for the Hindu priest whose life has been under threat ever since Muslims across the country have been calling for his beheading.

Speaking on this occasion, the National Senior Vice President of Hindu Shakti Dal, Puneet Hindu said that Swami Yeti Narasimhanand has been opposing issues like Love Jihad, Muslim fundamentalism and terrorism from time to time. For this reason, he has been on the hit list of the Islamic fundamentalists many times in the past too. Puneet said that since Yati Narasimhanand lives in Muslim-majority Dasna town there is a constant threat to his life, which is a matter of grave concern. The Hindu leader feared that if not stopped here, this episode might be a rerun of the Kamlesh Tiwari episode. He added that Hindus need to come out on streets to stand in solidarity with Yati Narsinghanand Saraswati.

In a separate incident, members of Hindu Sangharsh Samiti gathered in front of the secretariat in Haryana’s Yamunanagar demanding ‘Z’ category security for Narsinghanand Saraswati and Wasim Rizvi, the former chairman of the Shia Central Board of Waqf in Uttar Pradesh. According to a report by Jagran, the members of the Hindu outfit raised ‘Jai Shree Ram’ slogans while holding counter-protest against mobs calling for beheading of Narsimhanand Saraswati.

This demonstration by the Hindus saw resentment from the people of the Muslim community, who also gathered and raised slogan against Dasna Devi Temple head priest in front of the Secretariat, forcing Yamunanagar police to intervene.

To avoid any untoward incident, added police force was immediately called for. While the Muslims were restricted in front of the Secretariat, the police convinced the Hindu outfit members to shift towards the Anaj Mandi gate, where they continued the protest.

In what culminated into a brawl, police barred both sides from using loudspeakers or mics while demonstrating. The Muslims, however, did not pay heed to the request and began using mics to raise slogans against the Hindu priest. This enraged the Hindus, who in turn asked the Muslims to stop using microphones and loudspeakers. This led to a confrontation between the members of both communities. The police, however, intervened and brought the situation under control.

Remarks by Yati Narsinghanand Saraswati on Islam

On April 1, Yati Narsinghanand Saraswati, head priest of Dasna Devi Temple in Ghaziabad, Uttar Pradesh, had spoken at an event held at the Press Club of India when he urged Hindus to be fearless in highlighting the characteristics of Prophet Muhammad.

Following Swami Yati’s remark, Aam Aadmi Party MLA Amanatullah Khan had last week called for the beheading of the Hindu priest through his verified Twitter account. Amanatullah Khan’s tweet calling for the beheading of Yati Narsinghanand Saraswati was taken down by Twitter and subsequently, a first information report (FIR) was filed against Khan for fostering enmity and criminal intimidation by the Delhi police. Despite these actions, Amanatullah Khan’s post has put the Hindu priest’s life at a huge risk. Ever since, Khan’s viral tweet, thousands of Muslims have been advocating his call.

It must be remembered that Kamlesh Tiwari, the former Hindu Mahasabha leader was brutally murdered in 2019 in his own house by a group of radical Islamists for his 2015 statements criticising Muhammad. Back in 2015 and early 2016, lakhs of Muslims had taken to streets in several cities of India, openly calling for the public beheading and murder of Kamlesh Tiwari. The slogans calling for murder were actively encouraged by Islamic leaders, politicians and Imams.

In 2020, French schoolteacher Samuel Paty was beheaded by a Muslim man for sharing the Charlie Hebdo cartoons that had mocked Muhammad.

Delhi: VHP launches protest demanding action against culprits, posts videos of Temple Murtis found desecrated in Dwarka

OpIndia Staff
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Delhi: VHP launches protest demanding action against culprits, posts videos of Temple Murtis found desecrated in Dwarka

Protests swept western Delhi’s Dwarka neighbourhood this morning after devotees reportedly discovered idols of Hindu Gods and Goddesses at the Mata Sahaj Kaur Kuldevi – Hanuman temple desecrated, says VHP.

Hundred of demonstrators, along with VHP and Bajrang Dal members, staged a protest against the egregious defilement of idols by unknown miscreants. The protesters took to the streets in Dwarka, demanding the police to arrest the culprits responsible for the idol vandalism at the Hindu temple that is located in Kakrola village in Dwarka.

Vinod Bansal, the National Spokesperson for the Vishwa Hindu Parishad, took to Twitter to share the video of vandalised idols of Hindu Gods and Goddesses. Bansal added that the growing number of attacks on Hindu places of worship in Delhi and the apathy of the police administration in this regard have further raised concerns among Hindus.

The VHP functionary has asked Delhi Police to find out the culprits responsible for the temple vandalism and take strict action against them. The video shared by Mr Bansal shows visuals from the temple where idols of Hindu Gods and Goddesses were vandalised.

A protest was also launched demanding justice.

Growing number of idol vandalism incidents in Delhi

This incident s not the first time that Hindu temples in Delhi have come under attack. There have been several cases in the past when places of Hindu worship had been targeted and vandalised. In February last year, during the anti-Hindu riots in Delhi’s northeast, rioters and vandals had attacked the Shiv Mandir in Chand Bagh.

In November 2020, dozens of Hindu god and goddesses idols were found desecrated in a temple at Kailash Vihar Pansari in Begumpur, Delhi. The incident happened on the night of November 24 at the Shiv Shakti temple in Begumpur. The antisocial elements mainly separated the head from the torso of all the Murtis installed in the temple, left it behind and fled.

Back in 2019, the desecration of the Durga Temple in Delhi’s Hauz Qazi brought under the spotlight the rampant vandalism of Hindu temples in the national capital. A mob of over 300-400 people vandalised a temple in Chandni Chowk in Old Delhi on the night of June 30, 2019. According to locals who posted videos of the temple on social media, the Durga Mandir came under attack by 300-400 people belonging to the Muslim community at around midnight. Not just the temple, but the mob also attacked the Hindu residences in the neighbourhood, the locals claimed. 

Chhattisgarh: FIRs against Sambit Patra, Tajinder Bagga for criticising Nehru and Rajiv Gandhi quashed by High Court

OpIndia Staff
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Chhattisgarh: FIRs against Sambit Patra, Tajinder Bagga for criticising Nehru and Rajiv Gandhi quashed by High Court

Yesterday, the Chhattisgarh High Court struck down various First Information Reports (FIRs) filed against BJP National Spokesperson Dr Sambit Patra and BJP Delhi Spokesperson Tajinder Pal Singh Bagga which were lodged in May 2020. Two FIRs were lodged against Dr Patra in Raipur and Durg, while one case was filed in Kanker against Tajinder Pal Singh Bagga, Dr Patra’s lawyer Sharad Mishra said.

Two FIRs lodged against Dr Patra were quashed, one under Sections 499, 500, 501 & 505(1) of the Indian Penal Code (IPC) and another under Sections 298, 153A & 505(2) of the IPC. These FIRs were lodged against Dr Patra for making allegedly defamatory remarks against the Congress party and its leadership, including former PMs Jawaharlal Nehru and Rajiv Gandhi.

Similarly, an FIR filed against Tajinder Bagga under Sections 153A, 505 of the IPC and Section 66 of the Information Technology Act, 2000 was disallowed by the Hon’ble High Court. The FIR against Tajindar Bagga was filed in relation to a complaint about Bagga for merely retweeting Dr. Patra’s Twitter post about former PMs Jawaharlal Nehru and Rajiv Gandhi.

Non-cognizable offence

In the judgement, Justice Sanjay K. Agrawal observed that as far sections relating to defamation are concerned, the police do not have the power to investigate non-cognizable offences without the permission of a competent Magistrate. A non-cognizable offence is usually a minor offence, mentioned in the First Schedule of the IPC, for which the accused cannot be arrested without a warrant.

The judgment further elucidated upon the illegality of a police investigation into a non-cognizable offense without the competent Magistrate’s permission. It states that any subsequent permission granted at a later date cannot fix the illegality of the police officer initiating the investigation without permission of the Magistrate with jurisdiction.

About Section 505 of the IPC which deals with statements conducive to public mischief, the Hon’ble Court observed that making allegations against leaders of political parties, even if they turn out to be incorrect or untrue, does not constitute an offence under Section 505(1).

The Hon’ble Court also refused to consider the complainant, who is neither a family member nor near relative of either PM Nehru or Rajiv Gandhi, as an “aggrieved person” under Section 199(1) of the Criminal Code of Procedure.

The Court also observed that Section 298 of the IPC applies only in cases where oral words are uttered in presence of the person, and not in cases of written articles or social media posts.

“There is also no allegation that the petitioner wounded the religious feelings of any person including respondent No.4. As such, none of the ingredients for constituting the offence under Section 298 of the IPC is available against the petitioner. Therefore, taking the contents of the FIR as it is so far as the offence under Section 298 of the IPC is concerned, offence under Section 298 is not made out against the petitioner.”, the Chattisgarh HC said.

The Court also quashed the FIR filed under Sections 153A & 505(2) of the IPC, stating, “it is not the allegation that in the said tweet, two different religious, racial, language or regional groups or castes or communities are involved and as such there is no two different religious groups which is sine qua non for attracting offences under Sections 153A & 505(2) of the IPC and one of the essential and basic ingredients of the above-stated offences of involvement of two different groups is totally missing.”

The quashed complaints

On May 11, 2020, the Chhattisgarh Police had registered a case against Dr. Sambit Patra for supposedly promoting animosity between different groups and hurting ‘religious sentiments’ for his tweets against Jawaharlal Nehru and Rajiv Gandhi. The FIR was lodged against Patra on the complaint of Chattisgarh Youth Congress President, Purna Chandra Padhi at the Civil Lines Police Station of Raipur under Indian Penal Code (IPC) Sections 153A (promoting enmity between different groups), 505(2) (public mischief) and 298 (uttering words to wound religious feelings).

According to the complainant, the tweets by Dr Patra could scare and provoke members of the Sikh community which may, in turn, disturb public tranquillity. He had also argued that tweeting such things was “prejudicial to the maintenance of peace and harmony between religious groups”. Refuting claims of the complicity of the two former Prime Ministers in either riots or corruption, Padhi had said that they were not convicted by any Court of law and as such the allegations levelled against them by Dr Patra were baseless.

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