Former chief minister and BJP candidate from the Gadag-Haveri Lok Sabha constituency Basavaraj Bommai hit out at the Congress and asked Rahul Gandhi to distribute his ‘benami assets’, before speaking about the re-distribution of the nation’s property.
“Congress leader Rahul Gandhi has spoken about the re-distribution of the nation’s property. First, let him distribute his benami assets,” Bommai said.
Addressing a campaign meeting in Gajendragad on Wednesday, he said, “The INDI Alliance didn’t know who is their PM candidate. Mamata Banerjee claims herself as the PM, Arvind Kejriwal in jail said he would become the PM, Sharad Pawar said he was in the race for the PM post and Lalu Prasad Yadav said he was ready to take the responsibility.”
“Rahul Gandhi didn’t want to become the PM. What should be understood if a son who has attained the age of marriage, refuses to get married? For how many more years, did the Congress party want to cheat people? That party was born out of lies. The Congress party would be finished if Narendra Modi becomes the PM for the third time,” he added.
The former CM said that AICC President Mallikarjun Kharge has been signing these guarantee cards, is he the Prime Minister or President? The guarantee given by him has no value. People must tear and throw the cards.
He said out of the total 543 seats, they required 272 seats for the simple majority but the Congress was contesting only 230 seats. So, it would not get majority. In total, the Congress wouldn’t win even 40 seats. The incumbent state government has cheated Dalits and farmers and has no moral right to rule the state.
“Prime Minister Narendra Modi works 18 hours a day and he hailed from a poor family and understands poverty. He has lifted 25 crore people from the BPL category,” Bommai added.
He said the Prime Minister has provided vaccines to everyone during the COVID pandemic. Even the Congress leaders have taken the vaccine. To repay the favour of saving lives, we must vote for Modi.
“To repay Modi, who has provided water to every household, we must vote for the BJP. Modi, who provides 5 kg of rice to every family, must be voted for by the BJP. Every vote should be for making Modi the Prime Minister again,” the BJP leader said.
Bommai said that the Congress government has stopped the irrigation projects of North Karnataka such as Jaalawadagi, Singatalur and Koppal Lift irrigation projects. If the Congress has guts, it must release funds and complete them.
The 28 seats of Karnataka are going to polls in two phases — April 26 and May 7. The counting is scheduled for June 4. BJP registered a strong performance in the state in the 2019 general elections as it won 25 out of 28 seats.
(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)
On Wednesday (24th April), Police informed that three metal idols, estimated to be about 400 years old, were unearthed during excavation for a house construction project in Manesar’s Mohammadpur Baghanki village.
As per reports, the idols are of Hindu deities – Lord Vishnu and Mata Lakshmi. The idol of Lord Vishnu is approximately 1.5 feet tall and it is in a standing position. The Lakshmi idol is slightly smaller at 1 foot and it is in a seated pose. Both the idols have intricate carvings and designs. The third idol depicts Vishnu and Lakshmi sitting together.
The Police added that the antique idols have been taken into possession and the owner of the site has been told to stall construction work. They stated that the Archeology Department will dig further into the site to check if there are more idols.
The police stated that the idols were found during the excavation for a new house foundation, and construction work was underway using a JCB machine. Initially, the plot owner tried to conceal the discovery and even offered money to the JCB driver to keep the information hidden. However, the driver informed the Bilaspur police two days later and a police team reached the spot, they said.
Subsequently, the Bilaspur Police handed over the idols to the Deputy Director of the Archeology Department Banani Bhattacharya, and Dr. Kush Dhebar.
The villagers consider the discovery as a sign of divine blessing. The Police stated that they wanted the idols to be handed over to the panchayat as they wanted to build a temple on the plot. But the officials of the Archeology Department refused their demand.
Bhattacharya said, “These idols are the property of the government and no one can have personal rights on these. These will be kept in the museum of the Archeology Department after study in our laboratory.”
He added that the idols were found at a depth of around 15 feet and were made of bronze.
Speaking with the Times of India, Bhattacharya said, “The idols have been transported to our laboratory for further study. The archaeology department plans to use scientific methods to determine the exact age of the statues. According to a preliminary examination, they seem to be around 400 years old. It appears someone buried them long ago. The Manesar area doesn’t have any previous findings, but we will examine the matter.”
Officials stated that they would look for inscriptions or markings that could provide clues about the statues’ origins. They also issued an appeal to the public asking them to cooperate and not disturb the site or the artifacts.
Meanwhile, according to a News 18 report, police said that Prabhu Dayal, the owner of the plot, also found a gold vessel and a cache of coins, but these have not been recovered.
Pertinent to note that the discovery of antique idols is common in Haryana, a state rich in cultural and historical heritage. It is home to several important archaeological sites, including the remains of the Indus Valley Civilization at Rakhigarhi and stone carvings in Aravalis of Faridabad.
The Chairman of the Indian Overseas Congress and Rahul Gandhi’s advisor Sam Pitroda stroked a political firestorm after he suggested a US-like inheritance tax in India as a way to redistribute wealth. As per the Congress leader, under this tax regime, more than half of the Wealth of a citizen will be grabbed by the government once a person dies leaving only the remaining portion with their bereaved family.
Hitting back at the controversial suggestion, PM Modi charged Congress with over-burdening Indians with taxes and rampant loot. He added that Congress’ motto is – Congress ki loot, Zindagi ke sath bhi, Zindagi ke bad bhi. Consequently, the widespread criticism and condemnation of the Inheritance tax plan forced Congress and Pitroda to distance themselves from the controversial idea.
Notably, this is not the first time the Congress has come up with the idea of inheritance tax. The tax was in place in the country for over three decades. Under the Estate Duty Act of 1953, inheritance of property attracted tax, which could go upto 85% of the value of the inherited property. The tax system had slabs, just like current income tax slabs, with higher tax rate for higher values. For properties values above ₹20 lakh, the tax rate was 85%, which means almost all of the property was grabbed by the government after the death of the owner.
However, the Estate Duty Act didn’t work as intended. There were concerns about double taxation as assets were subject to taxation twice: first, through wealth tax during the property owner’s lifetime (which was abolished by the Modi government in FY 2016 and onwards), and then through estate duty upon their demise. Additionally, estate duty collections were drastically less than the Congress government expected due to issues such as asset concealment and ownership of benami properties.
The act was abolished in 1985 by the Rajiv Gandhi government. Now, the timing of the repealing the act is very interesting, because, it was repealed just weeks before the will of former PM Indira Gandhi transferring her properties to her grandchildren was executed.
The Estate Duty Act, 1953 was abolished in the very first budget of Rajiv Gandhi govt, when VP Singh was the finance minister. The act was abolished from the date of 1 April 1984. Just a month later, on 2 May 1984, Indira Gandhi’s Will was published, as per which her estate worth about $175,000, over ₹21.50 lakh, was handed over to her three grandchildren, Rahul Gandhi, Priyanka Gandhi and Varun Gandhi. The current value of this estate will be over ₹4.2 crore.
As per a report by United Press International (UPI) from 2 May 1985, in the will signed in 1981, Indira Gandhi had appointed her son Rajiv Gandhi and his wife Sonia Gandhi as executors of the will, but didn’t give anything to them. She also didn’t leave anything for her estranged daughter-in-law, Menaka Gandhi. The will was published after Rajiv Gandhi presented it at a court to certify it.
Inheritance Tax in India was abolished in 1985 by Rajiv Gandhi. The timing though is highly suspect.
Total $173,000 of estate was passed on by Indira Gandhi as inheritance, post her death in 1984, to her three grandchildren Rahul Gandhi, Priyanka Gandhi and Varun Gandhi.
— Akhilesh Mishra (मोदी का परिवार) (@amishra77) April 24, 2024
As per the Will, bulk of Indira Gandhi’s estate was a farm and a farmhouse under construction in Mehrauli, worth $98,000, which was to be divided equally among the three grandchildren. They were also given cash, stocks and bonds amounting to around $75,000, along with copyrights to books written by Indira Gandhi and Jawaharlal Nehru. Indira Gandhi’s antique articles and personal jewellery worth around $2,500 was left to Priyanka Gandhi alone.
All three recipients were minors at that time, therefore Rajiv Gandhi and Sonia Gandhi were given the responsibility of handling the property till they became adults.
While India had inheritance tax for over three decades, the Gandhi grandchildren didn’t have to pay any tax on this inheritance because the tax regime was abolished just a month ago before the Will was executed.
The Will was published on 2 May 1985 and then executed after Rajiv Gandhi govt abolished the Estate Duty Act in his first budget. The UPI report from 2 May 1985 said, “Under a finance bill that took effect April 1, all death duties in India have been abolished and no inheritance tax will be assessed on the Gandhi estate.”
In the Nuh district of Haryana, a case of assault by a Muslim mob on a Dalit family has come to light. It is alleged that when Dalit women were filling water from the tubewell, Muslim women started assaulting them and said that this place was meant for them to fill water. Shortly thereafter, men from the Muslim family also joined in the anti-Dalit violence.
The victims allege that they were subjected to caste-based slurs during this time. The attackers threatened them to leave the village or face death. Half a dozen Dalits injured in the violence have been admitted to the hospital. The incident took place on April 17, 2024. Meanwhile, the police have initiated an investigation by registering an FIR on Monday (April 22, 2024). A total of 18 assailants have been named in the FIR.
This incident occurred in the jurisdiction of Taavdu police station. Dalit woman Rajni, residing in the Sahseelapatti village, filed a complaint with the police on April 22. In her complaint, Rajni explained that around 8 p.m. on April 17, she went to fill government tubewell water with some other women from her family. Some Muslim women were also filling the water there.
Rajni stated that during this time, Asmina, Rahmati, and Maksudan began throwing utensils belonging to Dalit women when they saw them. When Rajni questioned the Muslim women about it, they said, “You belong to Ch*m*r (low caste), how can you fill water before us?” When Rajni opposed the casteist insults, all three Muslim women attacked her and beat her up.
The victims say that they managed to escape somehow to save their lives. Meanwhile, the Muslim women reached home and gathered people. Shortly after, a Muslim mob ran towards the Dalit houses. The attackers, carrying sticks, rods, and axes, barged into the houses of all the victims. There, they hurled casteist abuses at the families along with physical assault. According to the complaint, the attackers said, “You low-borns, today we will kill you. Today, we will teach you a lesson.”
Anyone who came to intervene during the Muslim mob’s attack on Rajni and other Dalit women was brutally beaten. During the assault, the women sustained injuries on their noses, hands, eyes, shoulders, legs, chests, and faces. After nearly half a dozen victims were injured, the accused began vandalizing their homes. In this rampage, fans, utensils, and tin roofs were destroyed. Even the autos parked outside the houses were damaged. The attackers spared no animals either; they pelted stones at the tied cows and buffaloes outside the victims’ houses.
Stones pelted at victim’s house
Upon hearing the commotion, some other villagers gathered, which saved the lives of the victims. Some of the attackers, who returned from the scene of the incident, also threatened the victims in the returning crowd. They said, “Today we spared you, you low-borns and wretches. If you ever dare to fill water before us again or even look at us the wrong way, we will kill you.”
Continuing their threats, they further said, “If you want to live in our village, know your place. What right do you have in front of us?” If this incident is reported anywhere or brought before any official, they won’t allow you to stay in the village. They will chase you away from here and ensure you never enter the village again.”
After the attackers left, the victims began arranging medical treatment for the injured. Some of the injured were admitted to Nalhar Medical College. Ramveer, who was seriously injured, has been referred to Safdarjung Hospital in Delhi. In the complaint filed with the police, Rajni also mentioned that they had been insulted with casteist slurs before.
Describing the attackers as thugs and ruffians, the victims expressed fear for their lives and belongings. The delay in filing the FIR was attributed to the victims being occupied with the serious injuries of their family members. A copy of the primary complaint filed by Rajni is available with OpIndia.
The police have initiated an investigation by registering an FIR against the assailants, including Alisher, Sohel, Farukh, Sali Muhammad, Aslum, Aslam, Shaharoon, Mahboob, Mufid, Sharukh, Usman, Sheru, Ikram, Sahoon, Ramzan, Asmina, Rahmati, and Maksudan. Action has been taken under sections 148, 149, 323, 452, and 506 of the IPC and the SC/ST Act. The police are actively investigating the case.
No Hindu temple in the village
OpIndia spoke with Charanjeet, who was injured in the incident. Charanjeet informed us that there are about 14-15 households of Hindus in his village, who belong to the Dalit community. Apart from this, there are about 400 households of the Muslim community in the village. According to Charanjeet, the people of the Scheduled Caste in the village are devotees of Lord Mahadev and Mother Durga, but out of fear, they have not built any temples in the village.
Charanjeet mentioned that during the last Navratri, he observed fast with his family, but they were forced to worship at home without drums and cymbals. Similarly, victim Rajni also mentioned that she and other Dalits in the village are regularly subjected to verbal abuse and threats by members of the Muslim community.
All India Trinamool Congress (AITC or TMC) leader and West Bengal Chief Minister Mamata Banerjee’s nephew Abhishek Banerjee abused Bharatiya Janata Party leader Sreerupa Mitra Chowdhury and called her “behaya” during an election campaign. He charged, “You claim to be Nirbhaya (fearless). You are not Nirbhaya, you are Nirmam (cruel), you are Behaya (shameless), you are Niruddesh (purposeless) and you are Byortho (failure). You are the party’s (BJP) representative to keep people banchito (deprived), lanchito (stigmatised), atyacharito (oppressed) and sochita (victimised).”
However, the derogatory speech soon came under fire and the National Commission for Women took notice of it and denounced the statement. Chairperson Rekha Sharma also wrote to the state’s Director general of police and demanded an action report in four days. It stated, “NCW’s attention has been drawn to a Twitter post dated April 24, 2024, wherein TMC party leader Mr Abhishek Banerjee from Malda Dakshin Constituency made derogatory remarks towards Ms Sreerupa Mitra Chaudhary, known as Nirbhoy Didi, for her initiative in establishing Nirbhoy Gram in Malda.”
It added, “Such remarks not only undermine efforts for women’s safety but also perpetuate disrespect for women’s rights. The Commission condemns this verbal assault Hon’ble chairperson NCW Rekha Sharma has written a letter to the DGP of the state to submit an action taken report within four days.”
NCW's attention has been drawn to a Twitter post dated April 24, 2024, wherein TMC party leader Mr. Abhishek Banerjee from Malda Dakshin Constituency made derogatory remarks towards Ms. Sreerupa Mitra Chaudhary, known as Nirbhoy Didi, for her initiative in establishing Nirbhoy…
Meanwhile, the Bharatiya Janata Party also slammed the TMC leader for his offensive remarks. The state unit of the party charged, “Abhishek Banerjee’s disgusting tirade against Sreerupa Mitra Chowdhury, resorting to abusive slurs like ‘BEHAYA’ (বেহায়া), epitomizes the toxic culture of misogyny and disrespect rampant in Bengal. It’s a shameful reflection of his party’s values.”
Abhishek Banerjee's disgusting tirade against Sreerupa Mitra Chowdhury, resorting to abusive slurs like 'BEHAYA' (বেহায়া), epitomizes the toxic culture of misogyny and disrespect rampant in Bengal.
BJP’s IT cell head also countered the objectionable comments of Abhishek Banerjee and termed him a “protector of rapists like Sheikh Shahjahan and goons like Anubrata Monda.” He mentioned, “We strongly condemn the misogynist and deplorable comments made by Abhishek Banerjee against our MLA and Malda Dakshin Candidate Sreerupa Mitra Chaudhury. Calling a woman “বেহায়া” (utterly shameless) shows his class and upbringing.”
He further accused, “Also, TMC and Abhishek Banerjee (the foul-mouthed nephew of Bengal CM) and protector of rapists like Sheikh Shahjahan and goons like Anubrata Mondal, might not know that the term Nirbhoy associated with her name because of the creation of Nirbhoy Gram in Malda, where women were protected from rapes and trafficking. She did this on her own with no political affiliation. Shameful for TMC to mock the cause of women.”
We strongly condemn the misogynist and deplorable comments made by Abhishek Banerjee against our MLA and Malda Dakshin Candidate Sreerupa Mitra Chaudhury.
Calling a woman "বেহায়া" (utterly shameless) shows his class and upbringing.
— Amit Malviya (मोदी का परिवार) (@amitmalviya) April 24, 2024
Sreerupa Mitra Chaudhury, popularly known as Nirbhaya Didi, is a social worker, women’s rights activist and former journalist. She was involved with the process of rehabilitation of rape victims and providing toilets to women. She chaired the special task force on rape, trafficking and violence against women set up by the Prime Minister Manmohan Singh after the 2012 Delhi gang rape. She ran as a BJP candidate in the 2021 West Bengal Legislative Assembly election from English Bazar and won.
The BJP reposed faith in her as the party’s contestant from Maldaha Dakshin which is one of West Bengal’s forty-two Lok Sabha constituencies and is a highly anticipated constituency while the TMC has chosen Shanawaz Ali Rehan as its candidate. Polling for the constituency is scheduled for 7th May and the result will be out on 4th June.
On 23rd April, a 9-Judges Constitution Bench of the Supreme Court of India commenced the hearing to examine if material resources of the community may include privately owned resources under Article 39(b) of the constitution. Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, Justice BVNagarathna, Justice Sudhanshu Dhulia, Justice JB Pardiwala, Justice Manoj Mishra, Justice Rajesh Bindal, Justice Satish Chandra Sharma and Justice Augustine George Masih are part of the constitutional bench hearing the matter. It is one of the oldest pending cases in the apex court.
In 1992, a batch of petitions were filed in the Supreme Court and the matter was first heard by a three-judge bench. In 1996, it was referred to a five-judge bench and then to a seven-judge bench in 2001. Eventually, in 2002, it was referred to a 9-judge bench, and since then, it stayed in limbo for two decades. Finally, in 2024, the apex court listed the matter for hearing.
Understanding the background of the matter
The matter revolves around the constitutional validity of Chapter-VIIIA, which was introduced in 1986 as an amendment to the Maharashtra Housing and Area Development Act,(MHADA) of 1976. It deals with the acquisition of specific properties and requires the state to pay a rate equivalent to 100 times the monthly rent of the premises that needed to be acquired. Furthermore, Section 1A of the Act was also incorporated through the said amendment making it possible to implement Article 39(b) of the Constitution.
A series of petitions were filed when the Maharashtra government made a law to deal with old and unsafe buildings in Mumbai. These buildings, often occupied by tenants with landlords having no resources to repair them, would be taken over by the government as per the law under certain conditions to fix them up and transfer them to people who need housing.
With the law, the question came to the fore if privately owned properties could be seen as “material resources of the community” as mentioned in Article 39(b) of the Constitution. The Property Owners Association argued that the law was discriminatory against landlords and violated their rights to equality under Article 14 of the Constitution.
In 1978, the Supreme Court of India delivered two judgments in the matter of State of Karnataka vs Ranganatha Reddy & Anr. As per the judgment delivered by Justice Krishna Iyer, material resources of the community covered everything including natural and man-made resources, publicly or privately owned. However, in the second judgment delivered by Justice Untwalia, the necessity to express any opinion in connection to Article 39(b) was not considered. Furthermore, it was stated that the judges did not subscribe to the view with respect to Article 39(b) by Justice Iyer. In 1982, the Constitutional Bench affirmed the view taken by Justice Iyer in the matter of Sanjeev Coke Manufacturing vs Bharat Coking Coal Ltd. It was again affirmed by a 1996 matter of Mafatlal Industries Ltd vs Union of India.
Notably, in 2002 7-judges bench, before forwarding the case to the 9-judge bench, stated that the interpretation of Article 39(b) needed reconsideration. The court said, “We have some difficulty in sharing the broad view that material resources of the community under Article 39(b) covers what is privately owned.”
Bench refuses to reopen discussion on law under Article 31C of the Constitution
Notably, there is one important aspect of the case as a question was raised among the bench if the decision in the Kishavananda Bharati case should be revisited or not. Article 31C deals with certain principles in the Constitution related to the government’s policies. Originally, it said that laws made to achieve certain societal goals would not be cancelled just because they clash with individual rights guaranteed by the Constitution.
In Keshavananda Bharati, the court changed that perception. It said that though these laws could still be made, they could be reviewed by the court if they violated fundamental rights. Now, it is a question before the court if the decision in this particular case is still valid. One side in the case argues that as certain rights like equality mentioned in Article 14 and freedom of speech mentioned in Article 19 are considered important if any law violates these rights, it should be reconsidered. However, the other side argued that Keshavananda Bharati already settled this matter, confirming that Article 31C stands as it originally did. It provides government immunity to be challenged based on individual rights.
Notably, CJI made it clear that the bench was bound by the decision in Keshavananda Bharati as it was heard by a larger bench of 13 judges. They would not reopen discussion on the matter linked to Article 31C and the court would stick to its interpretations.
CJI: but we are a bench of 9 judges, we are bound by the decision of Keshavananda Bharati which upheld the provision of 31C as originally enacted. The originally enacted 31C gave a safe harbour provision in respect to the challenged in laws given in the DPSPs 39(b) and (c) on…
Understanding 39(b) and per CJI’s remarks on interpretations
First, let’s discuss what 39(b) of the Constitution says. Article 39(b) of the Constitution falls under Part IV, Directive Principles of State Policy. It reads, “Certain principles of policy to be followed by the State.—The State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.” It says that the government should focus on making sure that the ownership and control of resources like land, money and other resources are shared in a way that helps everyone in the society.
CJI stated that four main aspects of the Article 39(b) need to be discussed. First is the presence of all resources in the community. Second is the sharing of these resources within the community. Third is the resources owned and/or controlled by different agencies and finally how the resources owned and controlled are distributed. CJI remarked that there is a need to analyse the expression “ownership and control”. When it comes to ownership, it is a legal title over something. However, control over something covers a larger picture. Someone who controls a property is not looking at just ownership but using and maintaining it as well.
CJI: (4) ownerhsip and control of what? of the material resources , the distribution of what? the distribution of ownership and control of material resources . #SupremeCourtOfIndia#MaterialResources#Article39b
Here is an interesting interpretation. CJI rebutted the main proposition that private properties cannot be covered under Article 39(b). He gave the example of a mineral mine and said while the mine can be privately owned, it becomes a larger part of the material resourced that belonged to the community.
CJI said, “The dichotomy that 39b can never include private property, then it is very artificial, because when it says material resources of community it is agnostic to the title. It doesn’t mean that distinction that a case where the title vests in a person as opposed to the title in that community…..mines for instance, they may be private mines but in the broader sense they are a resource to the community.”
On Wednesday (24th April), the Supreme Court while highlighting the autonomy of the Election Commission of India observed that they don’t control the elections and the poll body has cleared doubts regarding EVMs. During today’s proceedings, the top court also reiterated that the EVM source codes should never be disclosed as doing so can lead to its misuse.
After a senior ECI official answered all the queries of the top court, the two-judge bench comprising Justices Sanjiv Khanna and Dipankar Dattahad reserved its verdict on a batch of pleas that have sought 100% cross-verification of votes cast using EVMs with Voter Verifiable Paper Audit Trail (VVPAT) slips.
During the proceedings, the court sought clarification from the ECI on five queries regarding the functioning of EVMs. The queries relate to the functions of the microcontroller installed in the EVMs, securing the EVMs and VVPATs, and the maximum period for which the machines are to be retained.
The court said, “We cannot control the elections, we cannot control the functioning of another constitutional authority.”
The court also slammed Adv Prashant Bhushan, counsel for petitioner Association for Democratic Reforms (ADR) stating, “If you are predisposed about a thought process, then we cannot help you… we are not here to change your thought process.”
SC: They are not saying flash memory cannot be programmed.
Bhushan: but
SC: if you are predisposed about a thought process then we cannot help you.. we are not here to change your thought process..
Justice Khanna: they are saying quantum of flash memory is very low. they can…
Stressing that the court can’t act based on mere suspicion, it added, “The ECI has cleared doubts. We cannot change your thought process. We cannot issue a mandamus on the basis of suspicion.”
Justice Datta: Can we issue a mandamus on the basis of a suspicion? the report you are relying on says that there is no incident of hacking yet.. we are not the controlling authority of another constitutional authority..we cannot control the elections… the judgment of SC did…
Further, counsel for one of the petitioners stated that the source code of EVMs should also be disclosed for transparency. Responding to the argument, Justice Khanna replied, “The source code should never be disclosed. If it is disclosed, it will be misused. It should never be disclosed.”
Justice Sanjiv Khanna: But the source code cannot be disclosed else integrity will be compromised and people will try to misuse. what time has been said is one time programmable so it cannot be altered.. what undertaking is needed now? #EVM_VVPAT
While the hearing was underway, Justice Khanna said, “We went through the FAQs. We just wanted three-four clarifications. We don’t want to be factually wrong but doubly sure of our findings and hence we thought of seeking clarification.”
The court had asked an Election Commission official to appear before the bench at 2 PM to give suitable clarification.
The five queries sought by the bench and the response given by ECI official
Q1. Is the micro-controller installed in the Control Unit or in the VVPAT?
As per the Live Law report, the ECI official was quoted saying, “All three units, Control Unit, Ballot Unit, VVPAT, have their own microcontrollers and their own one-time programmes are burnt into the memory of the microcontrollers. These microcontrollers are housed in a secure, unauthorised access-detection module. The controllers therefore cannot be accessed physically.”
Q2. Is the micro-controller which is installed one-time programmable?
Senior Deputy Election Commissioner Nitesh Kumar Vyas clarified that all micro-controllers are one-time programmable. The programmes in them are burnt at the time of manufacturing. It cannot be changed or physically accessed, the Live Law report added.
ECI: First question: all three units, ballot units, vvpat and the chip.. all have their own micro controllers and these micro controllers are housed in secured unauthorised access detection module and it cannot be accessed. All the micro controllers are one time programmable. It…
The ECI responded, “There are two manufacturers of EVMs – Electronic Corporation of India Limited (ECIL) and Bharat Electronics Limited (BHEL). ECIL has 1904 Symbol Loading Units, BHEL has about 3154.”
SC : Can you get more SLUs.. more manufacturers..
ECI: availability of components it will not take much time. But to make these machines.. it will take one month. regarding time. all machines are stored in strong room for 45 days and then it is written to the registrar elections…
Q4: The bench sought clarification as to how long Electronic Voting Machines (EVMs) are kept after elections. Shouldn’t this duration exceed 45 days, considering that the limitation period for filing an election petition is also 45 days?
The Senior ECI official responded stating that after counting, the statutory period for filing an election petition is 45 days. So, all the machines are stored for 45 days. On the 46th day, the Chief Electoral Officer writes to Registrars of concerned High Courts to ascertain if any election petition has been filed for any constituency. After receiving a reply in writing from the Registrars, he informs the concerned District Election Officer to open the strong room wherever there is no Election Petition filed, the report added.
If any Election Petition is filed, “it (EVM) remains sealed and locked, nobody touches it”.
Q5. On securing EVMs, do both the control unit and VVPAT bear seals? Is VVPAT also stored with BU and CU?
The ECI response states, “The Control Unit is most important, so that is sealed (with pink seal) at the time of First-Level Checking (FLC) of the EVM. At the time of commissioning (of the EVM) and after the polling is over, all three – Ballot Unit, Control Unit, and VVPAT – are sealed. After the second randomisation and commissioning, all three are stored together in the strong room as a unit. After polling, the green paper seal is applied.”
Justice Khanna was satisfied with the explanation offered by the ECI official. Bhushan’s claim of flash memory being re-programmable was shot down with an observation that reliance has to be placed on the ECI on “technical data”. It was further emphasized that the report cited by the counsel uses the word “doubtful”, and thus its finding does not come with 100% surety.
Currently, VVPAT verification is conducted on five randomly selected EVMs in each Assembly segment of a parliamentary constituency.
One of the petitions has argued that with simultaneous verification of VVPATs and deployment of additional officers, the poll body could expedite the process and complete VVPAT verification in just five to six hours.
However, the ECI has opposed the demand to count all VVPAT slips or even 50%, saying that it would delay the announcement of results by five to six days.
ECI also points out that in all the instances where the slips are counted, no discrepancy was found with EVM results. As per the poll body, calculations by the Indian Statistical Institute show that even counting slips from 479 randomly selected VVPATs across the country would guarantee over 99% accuracy. At 5 VVPATs per assembly constituency, at present over 20,000 VVPATs are counted.
It has also maintained that the EVM is tamper-proof and that complete counting of VVPAT slips is not practically feasible.
Nonetheless, earlier on 16th April, the SC had dismissed petitions that sought India to revert back to voting through paper ballots. The court had observed that considering the size of India’s population and other factors, it would not be practical for the country to return to paper ballots.
Further, Justice Sanjiv Khanna remarked, “We are in our 60s. We all know what happened when there were ballot papers, you may have, but we have not forgotten.”
In an update to the controversy revolving around anti-India journalist Avani Dias, it has come to the fore that the South Asia Bureau Chief of the Australian Broadcasting Company (ABC) News, Dias returned to Australia due to her new job and wedding, and not due to any alleged intimidation by the Indian government. As per an exclusive report by ‘The Australia Today’, her new job opportunity which she obtained in June 2023, and her wedding ceremony which happened in December 2023 made her go back to Australia, and not due to any political pressure.
On April 23, the South Asia Bureau Chief of the Australian Broadcasting Company (ABC) News, Avani Dias, took to X (formerly Twitter) to claim that she had to leave India abruptly as the Modi government told her an extension of her visa would be denied as her reporting had “crossed a line”.
Last week, I had to leave India abruptly. The Modi Government told me my visa extension would be denied, saying my reporting "crossed a line". After Australian Government intervention, I got a mere two-month extension …less than 24 hours before my flight. 1/2
The controversial ‘journalist’ also claimed that the Indian government had plans to not allow her accreditation to cover the 2024 Lok Sabha elections. Dias claimed that her visa was extended for 2 months at the last minute, following which she went back to Australia.
She lamented returning to her home country just a day before the first phase of the elections in India. Thereafter, her employer ABC News published a controversial article (archive) claiming that Dias received a phone call from the Ministry of External Affairs (MEA) and was notified about the denial of her visa extension.
The publication said that MEA informed the ‘journalist’ that she crossed a line with her propaganda-laden YouTube video, which suggested that India was somehow involved in the assassination of Canada-based Khalistani terrorist Hardeep Singh Nijjar.
Das applied for a new job at ‘Four Corners’ in May 2023
However, as per the report by Australia today, Dias applied as a reporter at ABC News’ flagship program ‘Four Corners’ on 1 May 2023. She applied for this program as she was tired and troubled with her responsibilities as South Asia Correspondent in New Delhi. The Four Corner bosses, impressed by her Twitter fight with Indians supporting PM Modi and the BJP, hired her in June 2023.
But, the Editor of International News with ABC refused to release Dias until she was replaced with a new digital and video journalist in New Delhi. Therefore, she had to remain in Delhi till her replacement was found. Notably, Dias was released only after Meghna Bali was appointed as New Delhi correspondent of ABC on 28 September 2023.
That was one of the major reasons why Dias returned to Australia, as per Australia Today. Meanwhile, the other crucial reason is her wedding.
Walked down the aisle in December 2023
As per the report, Dias applied for leave from October 2023 to January 2024 for personal reasons which included her marriage. After obtaining her new job, Avani Dias travelled to Sydney to confer with her family and partner before deciding on a wedding date. Avani walked down the aisle in a traditional Sri Lankan wedding ceremony during the first week of December 2023.
On December 3, 2023, she broke the news on Instagram saying, “We were so moved during the traditional Sri Lankan ceremony, as we said our vows to each other, and while we listened to the speeches.”
Later she also went on her honeymoon in the first week of January 2024 at the Maldives and returned right before the inauguration ceremony of Shri Ram’s birthplace Temple in Ayodhya. She misreported an event and attempted to portray the Pran Prathistha ceremony of Ram Mandir as a ‘Hindu supremacist’ event. Avani Dias conveniently skipped the history of Ram Mandir and its destruction by the Islamic invader Babur in 1526.
“There was a mosque there, the Babri Majid Mosque. It was built in the 16th century. And in 1992, Hindu right-wing mobs stormed this town and they climbed over the brick walls of the mosque and they demolished it with their bare hands, with axes, with hammers. It was a really dark period in India’s history and that led to nationwide riots,” she was heard saying.
The controversial ‘journalist’ also claimed that the reconstruction of the Ram Mandir was aimed at undermining the ‘secular ethos’ of this nation.
Dias also had a history of spreading disinformation about the Citizenship Amendment Act (CAA) – a humanitarian law that aims to fast-track the citizenship process of persecuted religious minorities from Afghanistan, Pakistan, and Bangladesh who have been illegally staying in India on or before 31st December 2014. A detailed report about her propaganda and misreporting can be read here.
As per the Australia Today report, “the Editor of International News had a confidential report from the ABC India team that Avani Dias had burnt bridges and made the relationship with most stakeholders toxic.”
Dias was not forced, but she “chose” to return to Australia in spite of visa approval
Regarding her visa, the Australia Today report stated that the J1 Visa for foreign journalists issued to Dias was extended by the Indian authorities on 18th April, the day she paid the visa fee. The visa was extended till June 2024. After her visa was issued, Avani’s boss asked her to remain in India to cover the Indian parliament election but left the option up to her, and she chose to return.
However, it is vital to note that Avani booked her return flights to Sydney on April 12, 2024, six days before paying the visa fee. But on 23 April 2023, Dias posted an X statement saying that she was forced to leave India abruptly as the Modi government allegedly told her an extension of her visa would be denied as her reporting had “crossed a line”.
As per the Australia Today report, the claim that MEA officials called her to inform that her visa extension will be denied is completely false, and no such call was made. “We don’t make phone calls to visa applicants with no exceptions,” an MEA official based in Delhi told AT.
Responding to this claim, Geeta Mohan, a journalist with India Today, took to X to report that Avani Dias, the South Asia Bureau Chief of ABC News had lied against the Indian government. Geeta Mohan quoted sources saying that the Australian journalist’s claim that she was forced to leave the nation and was not permitted to cover elections was incorrect, misleading, and mischievous.
Debunking the falsehoods propagated by ABC News’s South Asia Bureau Chief, the India Today journalist informed that Dias was found to have violated visa rules while undertaking her professional endeavours. She added that despite this, she was informed that her visa would be extended at her request for the coverage of the Lok Sabha elections.
Sources: Avani Dias, South Asia Correspondent of Australian Broadcasting Corporation(ABC)’s contention that she was not allowed to cover elections and was compelled to leave the country is not correct, misleading and mischievous.
She was given an extension until the end of June for her previous visa, which was valid until April 20, 2024. The day Dias paid the visa fee, that is on April 18, 2024, was when the process of granting visa extension was completed. Geeta Mohan stated that Dias did, however, opt to leave India on April 20th and that at that time, her visa was very much valid and her request for an extension stood approved.
“Coverage of election activities outside of booths is permitted to all Journalist Visa holders. Authority letters are required only for access to polling booths and counting stations. This, however, cannot be processed while the visa extension is under process,” the India Today journalist wrote, further confirming how other ABC correspondents – Meghna Bali and Som Patidar – had already received their letters.
30 foreign correspondents protest for Dias whose claims are mischievous
Notably, after Dias’ X post against the Indian government, 30 foreign correspondents signed a protest letter in favour of Dias saying that she was forced out of India during the elections. The letter claimed that Dias has been covering India since January 2022 and after her reporting on Khalistanis, her Visa renewal became difficult. She was told she had “crossed a line”, the letter claimed. Furthermore, the letter said though her Visa was extended for two months at the last moment, Dias was categorically told “she would not receive accreditation to cover the election”.
Interestingly, the 30 journalists who wrote the open letter narrated the same story Avani Dias and ABC News narrated. It appears they did not bother to factually check the statements before writing the open letter. Given the exclusive report by Australia Today, India Today journalist, and earlier reports by OpIndia, it is evident that the claims laid down by the South Asia Bureau Chief of ABC News are incorrect, misleading, and mischievous.
Inexperienced, lacks depth
The Australia Today report begins the report by calling Avani Dias an inexperienced Sri Lankan-Australian journalist. As per the report, one of the foreign correspondents working in India told The Australia Today that “whatever little interaction I had with Avani, she lacked the depth to be reporting in a complex country like India.”
Dias had no political, parliamentary or international affairs reporting experience before joining as South Asia Correspondent for the Australian Broadcasting Corporation (ABC), and she worked as a presenter of the current affairs program “Hack” on Triple J before that.
A video of Congress politician Pratap Dudhat has gone viral, in which he responds to BJP leader Bhupat Bhayani’s statement regarding Rahul Gandhi while also using provocative and controversial language. Bhupat Bhayani used phrases like ‘impotent’ to describe Rahul Gandhi. Responding to that, Dudhat on 24th April asked who in their family had gone to Rahul Gandhi to confirm it.
He pondered, “I want to tell the BJP person that the statement you made about Rahul ji, the language you used about Rahul ji, I want to ask you who went there from your house that you came to know that our Rahul Gandhi has this defect?”
— Zubin Ashara (Modi ka Parivar) (@zubinashara) April 24, 2024
The Bharatiya Janata Party has criticized this comment. Jubin Ashra, Co-Convenor of the Gujarat State BJP Media Department, shared this video with the caption, “Listen to Congress’ views on other people’s sisters and daughters. Congress leader Pratap Dudhat has stated unequivocally that send your daughters to Rahul Gandhi to assess his masculinity. How disgusting is this comment? This is Congress’s DNA, not Pratap Dudhat, talking.”
Pratap Dudhat is a former MLA who was elected to the Savarkundla assembly seat in 2017 on a Congress ticket. He campaigned for the same seat in 2022 but lost to a BJP candidate. He currently serves as the Amreli District Congress President.
What did Bhupat Bhayani say?
Coming to BJP leader Bhupat Bhayani’s statement, the BJP leader said that Rahul Gandhi, at the inauguration of an election office of the party in Visavadar, said, “The country cannot be handed over to a eunuch like Rahul Gandhi. Because our lion on the other hand is Narendra Modi.”
He also clarified the matter later. He said, “I intended that Narendra Modi and Rahul Gandhi cannot be compared. The helm of the country can be entrusted to the hands of capable leaders like Narendrabhai. It was election related and I have freedom of speech. I can put my point before the public. There was no other intention.”
He also clarified that the statement he made was in a personal capacity and that the party had nothing to do with it.
A severe backlash has failed to deter Congress leader Rahul Gandhi from his fixation with the caste census and wealth redistribution agenda. On the 24th of April, the Gandhi scion reiterated his ‘X-ray’ remark saying that the Congress-led government would conduct a caste census and also scan the wealth held by different caste groups. He asserted that “no power can stop him from conducting caste census.”
Speaking at Samajik Nyay Sammelan on Wednesday, Rahul Gandhi said: “Caste census is not politics for me, it is my life’s mission, and I will not leave it. No power can stop the caste census. As soon as the Congress government comes, we will first conduct a caste census. This is my guarantee. There is mention of x-ray (caste census) and income inequality created by Modi ji. The Congress will return a small amount of money to 90% of the people of the country from the Rs 16 lakh crore given to the 22 people by Narendra Modi…”
#WATCH | Delhi | Congress leader Rahul Gandhi at an event says, " There is mention of x-ray (caste census) and income inequality created by Modi ji. The Congress will return a small amount of money to 90% of the people of the country from the Rs 16 lakh crore given to the 22… pic.twitter.com/zoHQzL8Mth
Speaking on the Caste census at the Social justice conclave in Delhi, Congress leader Rahul Gandhi says, "…Don't think the caste census is just a survey of castes. We will also add an economic and institutional survey to it…." https://t.co/sQi7MK1eh6
“Be it the country’s Freedom Movement, Green Revolution, White Revolution and bank nationalisation, Congress has done all the revolutionary works and this [caste census] will be another such work,” Rahul Gandhi added.
This came in response to Prime Minister Modi’s criticism of the Congress manifesto that if elected, the party will redistribute wealth and provide reservations for Muslims under the SC, ST, and OCB quotas.
Notably, the Congress party has mentioned in its manifesto that the party will conduct a nationwide Socio-Economic and Caste Census and take affirmative action based on its findings.
“Congress will conduct a nationwide Socio-Economic and Caste Census to enumerate the castes and sub-castes and their socio-economic conditions. Based on the data, we will strengthen the agenda for affirmative action,” the manifesto reads.
Source: inc.in
However, today Rahul Gandhi took a U-turn and said that he never talked about taking action against people after the wealth survey.
Notably, this is not the first time that Rahul Gandhi has made the X-ray remark. Since the last few months, the Gandhi prince has perpetually been in ‘Kaun jaat ho?’ mode. Be it labelling PM Modi as a ‘fake OBC’ or reportedly demanding the caste profile of the passengers in a flight, finding out the caste details of Indians has become his obsession alongside Adani bashing.
On the 21st of April, Congress’s PM aspirant said: “Nobody knows how many backwards, Dalits and tribals are there (in the country)? Those who form the biggest chunks of population don’t know their numbers. The BJP government does not want caste data. But we will get an X-ray of India done to ascertain the population of various caste groups. The country will change once the caste census is done.”
On 6th April he said: “We will first conduct a nationwide caste census to determine how many people belong to the Other Backward Classes (OBCs), Scheduled Castes (SCs), Scheduled Tribes (STs) and minorities. After that, we will conduct a financial and institutional survey in a historic step to ascertain the distribution of wealth.”
Evidently, Rahul Gandhi is repeating the decrepit script of the caste census with some changes here and there. In February this year, Rahul Gandhi had said: “The next step of social justice is conducting a caste census.”
In all his speeches, Rahul Gandhi has been calling his opprobrious caste X-ray poll promise as “revolutionary” and comparing it to the country’s freedom movement, green revolution, bank nationalisation etc.
The Congress clown prince’s caste census obsession stems from his sinister “Jitni aabadi utna haq” assertion. In October last year, Rahul Gandhi had asserted that ‘jitni abadi utna haq’ is the pledge of the Congress party. Rahul Gandhi has been taking a special interest in people’s caste after the findings of the caste census in Bihar were made public. Rahul Gandhi apparently wants to widen the caste divides in society and exploit the same for his political gains.
In addition to conducting a caste census, Rahul Gandhi seemingly has taken a page from the book of leftist communists and promised that Congress would conduct a financial and institutional survey to ascertain who is in possession of wealth in the country. He also said that based on the caste census data, Congress will redistribute the wealth to the backward castes and ‘minorities’ based on their population.
In his bid to consolidate vote-bank of ‘minorities’ and backward castes, Rahul Gandhi has no qualms in pushing the country towards a Venezuela and Cuba-like fate.
Rahul Gandhi has also hinted at bringing private sector reservations in the name of social justice as he said that after conducting the so-called ‘caste X-ray’ alongside economic and institutional survey, his government will decide what direction the country will be taken.
Rahul Gandhi’s emphasis on wealth redistribution and caste census based on his warped sense of social justice makes one wonder if the Gandhi scion is heavily influenced by the communist ideology and its cataclysmic policies. Be it Venezuela, Cuba, the Soviet Union or the Mao disaster in China, history suggests that ultra-leftist policies like wealth redistribution may initially appear ‘revolutionary’ but eventually leave the countries and societies in heaps of ruins and wails of agony.
Interestingly, the CPIM has also promised to introduce caste-based reservation in education and employment in the private sector if the party is elected to power.
On the 23rd of April, Congress president Mallikarjun Kharge hinted at the party bringing reservations in the private sector. Though the Congress leader did not make a clear announcement, in the warp and weft of words one can see through the sinister agenda.
In Kharge’s own words, “After coming to power, the INDIA alliance government will undertake a nation-wide ‘Caste-based Census’. We will also increase the existing upper limit of reservation. We will constitute a ‘Diversity Commission’ that will measure, monitor and promote diversity in public & private employment as well as education.”
Bringing caste reservations in private sector jobs would destroy meritocracy, and competitiveness and fuel resentment among caste groups not covered. Thus, it will not only affect the way the private sector operates but will also widen the caste divides. Rahul Gandhi or anyone advocating for caste reservations in a profit-centric and highly competitive private sector should understand that equality of opportunity is not equivalent to equality of outcomes.
As if the caste census and wealth redistribution plan were not enough, Overseas Congress leader and Rahul Gandhi’s advisor Sam Pitroda triggered a fresh controversy after suggesting that a US-like inheritance tax should be brought in India. Pitroda while explaining the inheritance tax claimed that in the US, 55% of the wealth is grabbed by the government when a person dies and the rest goes to the family, suggesting that Congress can bring a similar policy under its wealth redistribution promise.
Realising the possible ramifications, Sam Pitroda backtracked saying that he only cited inheritance tax as an example, meanwhile Congress party also distanced itself from Pitroda’s statement. From caste census, wealth redistribution, ‘Khatakhat handout scheme’ to private sector reservations, the Congress party is desperately pushing its pernicious agenda while claiming to give ‘Nyay’ (justice) to a section of people. On one hand, the Modi government is working on the agenda of making India a $5 trillion economy by 2026-27 and running welfare schemes for everyone without taking caste into consideration, Rahul Gandhi wants to push back India into the era where votes were sought and given on caste lines, freebies were squandered by governments among select caste or ‘minority’ groups and appeasement instead of development took the center stage.
