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The Supreme Court allowed activist TeestaSetalvad interim bail in a case of alleged forgery and fabrication of records in connection with the 2002 Gujarat riots cases.
A three-judge Special Bench led by Chief Justice of India U.U. Lalit said a case of interim bail is "evidently made out" on consideration of the facts that she is a woman who has already undergone seven days of custodial interrogation.
The court noted that Ms. Setalvad has been in custody for over two months since her arrest in Mumbai by the Gujarat Anti-Terrorism Squad on June 25.
The court noted that the offences alleged against her pertain to the year 2002 and, as per the assertions made by the State, to documents presented till 2012.
The Bench, in its order, said her interim bail would continue till the Gujarat High Court decided her pending application for regular bail in the case.
The Supreme Court directed Gujarat to produce Ms. Setalvad before the Ahmedabad Court concerned on September 3 for release on interim bail.
The lower court may subject her to interim bail conditions it "may deem appropriate to ensure her presence and participation in the pending proceedings".
She would have to surrender her passport to be kept in the safe custody of the lower court while the High Court considered the question of regular bail. She should render complete cooperation in the investigation, the apex court directed.
On a request by senior advocate KapilSibal and advocate Aparna Bhat, appearing for Ms. Setalvad, the apex court directed the lower court not to insist on local security as a precondition for her release on interim bail. The court said she should be released on providing cash security or bond.
It speaks volumes that a lady of her influence thinks she may not find a single local person in the entire State of Gujarat to stand security for her," Solicitor General Tushar Mehta said after the order was dictated by the court.
The Bench, also comprising Justices S. Ravindra Bhat and Sudhanshu Dhulia, clarified that it was only concerned about the grant of interim bail during the pendency of the case in the Gujarat High Court and did not go into the submissions made by Ms. Setalvad on the merits of the case against her.
The Bench left it completely to the High Court to look into her pending plea for regular bail, "independently and uninfluenced" by the observations made by the Supreme Court in its interim bail order.
Vikrant is a reflection of self reliant India, says Modi (Page no. 1)
(GS Paper 3, Defence)
Security concerns in the Indo-Pacific region and the Indian Ocean had long been ignored, but today this area is a major defence priority of the country, said Prime Minister Narendra Modi on September 2, 2022 as he commissioned INS Vikrant, the country’s first indigenous aircraft carrier and the most complex warship ever built.
Vikrant is a unique reflection of India becoming self-reliant, adding that his government is working in every direction, from increasing the budget for the Indian Navy to increasing its capability.
The ship is christened after India’s first aircraft carrier Vikrant, which played a vital role in the 1971 war. From 2013 to 2017, the Navy had fielded two aircraft carriers - the erstwhile Viraat acquired from U.K. and the INS Vikramaditya from Russia which is currently in service.
Once Vikrant becomes fully operational, Indian Navy will once again be able to deploy two full-fledged carrier groups significantly expanding its footprint across the Indo-Pacific.
So far, such aircraft carriers were only made by developed countries. India has taken a step towards being a developed country by being part of the league, Mr. Modi speaking at the formal commissioning ceremony, which saw the presence of several naval veterans who commanded and served on the erstwhile Vikrant. Envoys and Defence Attaches of few countries were also present at the ceremony including
Terming INS Vikrant ashuge,theceremonymassive, vast, distinguished and also very special, Mr. Modi said itis not just a warshipbuta testament to the hard work, talent, influence and commitment of India in the 21st century. “If the goals are distant, the journeys are long, the ocean and the challenges are endless – then India’s answer is Vikrant.”
The Commanding Officer, CaptVidhyadharHarke, read the commissioning warrant and the nishaan (ensign) was hoisted as the national anthem was played followed by the breaking of the commissioning pendent. INS Vikrant adorned the new ensign with effect from its commissioning.
The ship with a displacement of 42,800 tonnes was designed by the Navy’s Warship Design Bureau (WDB) and built by Cochin Shipyard Limited (CSL), a public sector shipyard under Ministry of Ports, Shipping and Waterway.
In line with the prevailing practiceglobally among carrier-operating nations,the aviation trials are expected to commence by November and expected to continue till mid-2023. Officials had statedthatthe carriers expected to be fully operational by end of next year.
The ship would be capable of operating an air wing of 30 aircraft comprising MiG-29K fighter jets, Kamov-31 early warning helicopters, and MH-60R multi-role helicopters, in addition to indigenously manufactured Advanced Light Helicopters (ALH) and Light Combat Aircraft (LCA-Navy).
Fighter aircraft are launched using the Short Take Off But Arrested Recovery (STOBAR) method and INS Vikrant is equipped with a ski-jump for launching aircraft, and a set of three ‘arrester wires’ for their recovery onboard.
States
Assam records most violent crimes: NCRB (Page no.3)
(GS Paper 2, Issues related to Development)
“Assam has retained the top spot in recording the most violent crimes in the country followed consistently by Delhi except in 2020,” the National Crime Records Bureau (NCRB) data for 2021 has revealed.
The statistics also showed that Assam has maintained the trend of recording an increase in such crimes after a dip in the previous year.
“But the crime rate of 76.6 cases per one lakh population – a little more than the 73.7 cases in 2020 – does not give the complete picture,” Assam police officers said. They attributed the figure to the high reporting and registration of cases, especially in crimes against women.
An analysis of NCRB data since 2017 showed that Assam led all the States and Union Territories across the country with 78.6 cases of violent crimes per one lakh people followed by Delhi (60.6) and West Bengal (51.4).
The number of violent cases in Assam and Delhi increased in 2018 to 86.4 and 63.6 while Tripura dislodged West Bengal to take the third spot with 62 cases.
These three States maintained their positions in 2019 but recorded a dip in the violent cases – 83.4 in Assam, 58.2 in Delhi and 53.6 in Tripura.
In 2021, West Bengal ended up second with 51.2 cases behind Assam’s 73.7 with Delhi taking the third spot with 49.2 cases. Delhi and West Bengal interchanged places in 2021 with 57 and 48.7 cases per one lakh population respectively.
According to the NCRB data for 2021, Assam had 168.3 cases of crime against women per one lakh people, the highest in India. Delhi came second with 147.6 and Odisha third with 137.8.
The data did not convey anything new. Assam has consistently taken the top spot in crimes against women. The rate was 143.2 in 2017, 166 in 2018, 155 in 2019 and 154.3 in 2020.
The main reason why we have had a high rate of crime is that we do not hesitate in registering cases of any kind of crime, especially those against women who can walk in any time to register a case of domestic violence, sexual harassment, physical abuse or any other type of crime.
More than 300 police stations have a women’s help desk with a dedicate officer in charge and qualified counsellors engaged by the Tata Institute of Social Sciences with whom the Assam police signed a memorandum of understanding.
Editorial
The NPT is beginning to look shaky (Page no. 6)
(GS Paper 2, Effect of Policies & Politics of Developed & Developing Countries on India’s Interests)
The Tenth Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) concluded last week in New York. Marking 52 years of a treaty that every speaker described as the ‘cornerstone of the global nuclear order’ — it was originally planned for its 50th year for 2020, but the conference was delayed due to COVID-19 — it should have been a celebratory occasion, yet, the mood was sombre. And after four weeks of debate and discussion, the delegates failed to agree on a final document.
To manage the disappointment, some staunch believers claimed that the success should not be defined in terms of a consensus outcome! It is true that since 1970, when the NPT entered into force, only four of the 10 review conferences (in 1980, 1990, 2000 and 2010) have concluded with a consensus document, the review years were: 1975, 1980, 1985, 1990, 1995, 2000, 2005, 2010, 2015, 2022.
Ironically, even the critical 1995 Review Conference that decided to extend the NPT into perpetuity, broke down weeks later over the review process.
However, there was one key difference in 2022. In the past, the divergences were over Iran, Israel, West Asia or between the nuclear haves and nuclear have-nots.
The three depositary states (the United States, the United Kingdom and the U.S.S.R./Russia) were always on the same page. The difference in 2022 was that it pitched Russia against the West; it was the inability to find language to address the nuclear safety crisis at the Zaporizhzhia nuclear power plant in Ukraine, under Russian occupation since March, that ultimately led to the failure.
The NPT was negotiated during the 1960s to reconcile three competing objectives — controlling the further spread of nuclear weapons beyond the P-5 countries (the U.S., the U.S.S.R., the U.K, France and China) that had already tested; committing to negotiating reductions of nuclear arsenals leading to their elimination; and sharing benefits of peaceful applications of nuclear science and technology.
The first was strongly supported by the nuclear-haves; the latter two were demands made by the nuclear have-nots.
Over the years, the non-proliferation objective has been achieved in large measure. Despite apprehensions that by the 1980s, there would be close to 25 nuclear powers, in the last 50 years, only four more countries have gone on to test and develop nuclear arsenals — India, Israel, North Korea and Pakistan (South Africa developed nuclear weapons but the apartheid regime destroyed them and joined NPT in 1991 before relinquishing power to majority rule).
After the end of the Cold War and the break-up of the U.S.S.R. in 1991, non-proliferation remained a shared priority for the major powers and the International Atomic Energy Agency, set up originally to promote international co-operation became better known as the non-proliferation watchdog.
India’s cyber infrastructure needs more than patches (Page no. 6)
(GS Paper 3, Cyber Crime)
There has been a steady spike in cases of cybercrime in the last five years. According to the National Crime Records Bureau (NCRB), from 12,317 cases of cybercrime in 2016, there were 50,035 cases registered in 2020. In India, cybercrime is increasing with the increased use of information and communication technology (ICT). However, despite this alarming trend, the capacity of the enforcement agencies to investigate cybercrime remains limited.
As far as the admissibility of electronic evidence is concerned, though there were some conflicting judgments of the Supreme Court of India earlier, the law was finally settled in Arjun Pandit Rao Khotkar vs Kailash KushanraoGorantyal&Ors.
The Court held that a certificate under Section 65B(4) of the Indian Evidence (IE) Act was a mandatory pre-requisite for the admissibility of (secondary) electronic record if the original record could not be produced.
With ‘police’ and ‘public order’ being in the State List, the primary obligation to check crime and create the necessary cyberinfrastructure lies with States.
At the same time, with the IT Act and major laws being central legislations, the central government is no less responsible to evolve uniform statutory procedures for the enforcement agencies.
Though the Government of India has taken steps that include the setting up of the Indian Cybercrime Coordination Centre (I4C) under the Ministry of Home Affairs to deal with all types of cybercrime, much needs to be done to plug the infrastructural deficit.
There is no separate procedural code for the investigation of cyber or computer-related offences. As electronic evidence is entirely different in nature when compared with evidence of traditional crime, laying down standard and uniform procedures to deal with electronic evidence is essential.
The broad ‘guidelines for the identification, collection, acquisition and preservation of digital evidence’ are given in the Indian Standard IS/ISO/IEC 27037: 2012, issued by the Bureau of Indian Standards (BIS).
This document is fairly comprehensive and easy to comprehend for both the first responder (who could be an authorised and trained police officer of a police station) as well as the specialist (who has specialised knowledge, skills and the abilities to handle a wide range of technical issues).
The guidelines, if followed meticulously, may ensure that electronic evidence is neither tampered with nor subject to spoliation during investigation.
A significant attempt has been made by the higher judiciary in this field also. As resolved in the Conference of the Chief
Ground Zero
Delays, debt and distress in West Bengal (Page no. 7)
(GS Paper 2, Polity and Governance)
On July 25, nearly three hours after DroupadiMurmu took oath as the first tribal President of India, hundreds of women, mostly from tribal communities and Other Backward Classes, held a rally at Puncha block in West Bengal’s Purulia district, about 1,300 km from Delhi.
Demanding that they be paid pending wages for work done under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), the women shouted, “ Keukhabearkeukhabena, ta hobena, ta hobena” (Some will eat, some will go hungry.
That can’t happen.) Some of them were not wearing shoes, but they walked without wincing on a tarred road that sweltering afternoon. “ Jaatdharmbaaddao, bhukapetebhaatdao” (Set aside caste and religion, give food to the hungry), they cried.
Entering the administrative complex of the block in Puncha town, the women gathered around a display sign of MGNREGS. It featured a photograph of Chief Minister Mamata Banerjee as well as details about who is entitled to work under MGNREGS and for how many days. The women said they had not been paid since December 2021.
RanuMahali had come to the rally with a nine-month-old child in her arms. She said she had worked for 14 days in the financial year 2022-23.
Her husband, DibakarMahali, who had been unable to find work, had left for the neighbouring Bardhaman district to work in potato fields. On his way back home on April 4, Dibakar died in a road accident. Ranu was desperate for her pending wage of ₹2,982.
She is struggling to make ends meet. She has three children to feed SadhanaMahato, pointing at Ranu. Sadhana had worked for 48 days in April and May and was waiting for her dues.
Somali Mahati and SaratiMahato, who were walking barefoot, said they want to work but there was no work to be found. “We have to depend on others in the family. Nobody is willing to give us a loan,” said the two women who appeared to be in their mid-fifties.
The people in Purulia, which is among the poorest districts of West Bengal, are the worst affected by the delay in payment of MGNREGS wages.
Not far from Puncha Block Development Office is Kultanr village, where the Sabartribals live. The Sabars are a Particularly Vulnerable Tribal Group.
News
Journalists, activists continue to be targeted in J&K: Amnesty (Page no. 8)
(GS Paper 2, Polity and Governance)
Amnesty International on Friday said it had recorded at least 60 instances of crackdowns on journalists and human rights defenders in Jammu and Kashmir since the revocation of special status of the erstwhile State in August 2019.
In a report titled “We are being punished by the law: Three years since abrogation of Article 370 in Jammu & Kashmir”, Amnesty documented interrogations, travel bans and detentions of journalists and human rights defenders.
For three years now, civil society and media in Jammu and Kashmir have been subjected to a vicious crackdown by the Indian government, which is determined to stifle dissent using draconian laws, policies and unlawful practices in their arsenal, the chair of the board of Amnesty International India.
Amnesty said it had found at least six people, including journalists, human rights activists and academics, had been prevented from traveling abroad despite having the requisite travel documents. At least 27 journalists had been detained and arrested since August 5, 2019.
“Journalists including Fahad Shah, Aasif Sultan and Sajad Gul have been subjected to ‘revolving door’ arrests. In a continuing pattern, they have been arrested under one law, granted bail by the court, and then re-arrested almost immediately under the Unlawful Activities (Prevention) Act (UAPA) – India’s primary anti-terror law in Jammu & Kashmir, keeping them perpetually detained.
The report reviewed 1,346 cases on the website of the Jammu and Kashmir High Court and found that by August 1, 2022, the number of writ petitions had increased by 32%, which it said indicated an increase in unlawful detention.
“Amnesty International also reviewed the data published by National Crime Record Bureau and found that there has been a 12% increase in the use of UAPA in Jammu & Kashmir since 2019.
This emerging trend of using the draconian UAPA in addition to the much-abused Public Safety Act (PSA) is also evidenced by an analysis of information on the High Court’s website.
Navy’s ensign pays tribute to Shivaji (Page no. 9)
(GS Paper 3, Defence)
Moving away from the colonial past, the Indian Navy on Friday adopted a new ensign inspired by the seal of Maratha king Chhatrapati Shivaji. It was unveiled by Prime Minister Narendra Modi at the commissioning of aircraft carrier INS Vikrant .
“The President of India has approved the introduction of the new designs of the naval ensign, as also the distinguishing flags, masthead pennants and car flags for the Indian Navy.
Formations, ships and establishments of the Indian Navy would be adopting the new naval ensign, as also the new distinguishing flags, car flags and masthead pennants.
This is the fourth time the naval ensign has been changed since 1950.The earlier ensign had the national flag in the upper left canton, red vertical and horizontal stripes and a golden-yellow National Emblem superimposed on the intersection of the red stripes. The national motto ‘Satyamev Jayate ’ engraved in Devanagari script, was included underneath the emblem.
The statement said that resonant to the ongoing national endeavour to move away from the colonial past, the need was felt to transition to a new design that drew inspiration from the country’s history.
The white ensign identified nationwide with the Navy, now comprises two main constituents — the national flag in the upper left canton and a navy blue-gold octagon at the centre of the fly side (away from the staff).
The octagon is with twin golden octagonal borders encompassing the golden National Emblem (Lion Capital of Ashoka — under scribed with ‘Satyamev Jayate’ in blue Devanagari script) resting atop an anchor; and superimposed on a shield.
Below the shield, within the octagon, in a golden-bordered ribbon on a navy blue background, is inscribed the motto of the Indian Navy ‘Sam No Varunah’ in golden Devanagari script.
The twin octagonal borders draw their inspiration from ShivajiMaharaj’s rajmudra or the seal of Chhatrapati ShivajiMaharaj, one of the prominent Indian kings with a visionary maritime outlook, who built a credible naval fleet that earned grudging admiration from European navies operating in the region at the time.
India, UAE hold talks on bilateral ties (Page no. 10)
(GS Paper 2, International Relations)
External Affairs Minister S Jaishankar on September 2, 2022 called on President of the United Arab Emirates Sheikh Mohamed bin Zayed Al Nahyan and appreciated his role in taking the strategic ties between India and the UAE to greater heights.
Mr. Jaishankar, who is Abu Dhabi on a three-day visit, also conveyed personal greetings and warm wishes of Prime Minister Narendra Modi to Sheikh Mohamed, the ruler of Abu Dhabi.
Earlier, Mr. Jaishankar co-chaired the 14th India-UAE Joint Commission Meeting (JCM) along with his UAE counterpart Sheikh Abdulla bin Zayed Al Nahyan in Abu Dhabi.
Mr. Jaishankar arrived here on a three-day visit to the United Arab Emirates to review the comprehensive strategic partnership between the two countries.There has been a regular exchange of high-level interaction between India and the UAE this year.
Prime Minister Modi visited Abu Dhabi on June 28 and met UAE's newly-appointed President and Ruler of Abu Dhabi Sheikh Mohamed bin Zayed Al Nahyan and the two leaders reaffirmed their commitment to further deepen and diversify the bilateral Comprehensive Strategic Partnership.
Earlier, both leaders had also held a virtual summit on February 18 during which India-UAE Comprehensive Economic Partnership Agreement (CEPA) was signed and a vision statement was adopted.
Both leaders also participated in the I2U2 summit held virtually on July 14. U.S. President Joe Biden and Israeli Prime Minister YairLapid also attended the summit. The new grouping is known as 'I2U2' with 'I' standing for India and Israel and 'U' for the US and UAE.
Bilateral trade in FY 2021-22 was about USD 72 billion. UAE is India’s third largest trade partner and second largest export destination. UAE FDI in India has continuously increased over the past few years and currently stands at over $12 billion.
The Indian expatriate community is the largest ethnic community in the UAE constituting roughly about 35 per cent of the country's population.
The UAE is the third-largest export destination of India (after the US and China) with an amount of nearly $16 billion for the year 2020-21.
For the UAE, India is the third-largest trading partner for the year 2020 with an amount of around $27.93 billion (non-oil trade).
World
G7 agrees to implement price cap on Russian oil (Page no. 11)
(GS Paper 2, International Groupings)
The group of seven advanced economies (G7) agreed to implement a price cap on oil exports from Russia at a virtual meeting of their Finance Ministers.
The move is aimed at cutting off a source of financing for Moscow as its invasion of Ukraine continues. With London being a major global centre for maritime insurance, the plan hinges on denying shipping to oil above the price cap.
The group confirmed its “joint political intention to finalise and implement a comprehensive prohibition of services which enable maritime transportation of Russian-origin crude oil and petroleum products globally”, according to a joint statement from the G7 Finance Ministers.
The actual ceiling price was not announced, with the G7 saying it invites “all countries” to provide input. The initial price cap will be based on a “range of technical inputs” and revisited subsequently as required.
The price cap is being designed, as per the G7, to limit Russia from “profiting from its war of aggression” while limiting the impact on global energy prices. Inflation is already high globally as well as in most of the G7 countries.
Those involved in delivering Russian seaborne petroleum and petroleum products will be permitted to provide services if the price is below or at the cap, the statement said.
For the price caps to work, India and China will likely need to be involved, although India has purchased Russian oil at low or discounted prices after the February 24 invasion of Ukraine, with the government defending the move on grounds of national interest.
The U.S. has held talks with the government to win support for the oil price caps, including on a visit by U.S. Deputy Treasury Secretary Wally Adeyemo to India at the end of August.
The G7 is aiming to align the timing of the price cap with an EU ban on seaborne imports of crude oil from Russia that comes into effect on December 5, and a petroleum products embargo that takes effect on February 5.