Mumbai, September 26

The Bombay High Court today granted bail to Army Major Ramesh Upadhyay (retd), an accused in the 2008 Malegaon blast case, on the ground of parity.Since the other prime accused in the case have been granted bail by the high court and the apex court, a Bench of justices Ranjit More and Sadhna Jadhav granted Upadhyay bail against a personal bond of Rs 1 lakh and two sureties each of the same amount. While National Investigating Agency (NIA) counsel Sandesh Patil opposed the bail plea, the Bench said its hands were tied in view of the apex court’s directions on the grounds of parity.The court also asked if Upadhyay’s role in the blast was larger than that of prime accused Lt Col Shrikant Purohit, who was granted bail by the apex court in August. Upadhyay’s counsel denied it and told the court about Purohit having been granted bail. He also told the court that on September 19, a trial court had granted bail to two other accused in the case — Sudhakar Chaturvedi and Sudhakar Dhar Dwivedi — on grounds of parity.“Upadhyay played a role in hatching the conspiracy for the blasts. He attended several meetings of the Abhinav Bharat group and we have video recordings to prove his presence in some of such meetings,” Patil said. “However, while the high court recorded our opposition to the bail plea, it took cognisance of the fact that several other accused were already out on bail,” he said.Last November, the trial court had denied bail to Upadhyay following which he had filed an appeal in the high court challenging the order. — PTI

Tribune News Service

Srinagar, September 21

The Army on Thursday paid tributes to Rifleman Rajesh Khatri, who was killed in a ceasefire violation on Wednesday along the Line of Control (LoC) in north Kashmir’s Keran sector.“Lt Gen JS Sandhu, commander of the Srinagar-based 15 Corps, and all ranks paid homage to the soldier on behalf of the nation,” the Army said in a statement.“In a show of solidarity, representatives and officials from the state government and other security agencies also joined in paying their last respects to the martyr,” the Army said.The rifleman had sustained bullet injuries “due to enemy fire while he was deployed at a forward post in the Keran sector,” the Army said.“He was provided immediate first aid and evacuated from the post but, unfortunately, succumbed to the injuries,” it said.The 27-year-old soldier had joined the Army in 2011 and hailed from Torayan village in Dailekh, Nepal.

Prime Minister Narendra Modi with the family of Marshal Arjan Singh in New Delhi on Saturday. pti

New Delhi, September 16

Prime Minister Narendra Modi today mourned the death of Marshal Arjan Singh and said India will never forget his excellent leadership in the 1965 India-Pakistan war when the Indian Air Force saw substantial action.”India mourns the unfortunate demise of Marshal of the Indian Air Force Arjan Singh. We remember his outstanding service to the nation,” he tweeted. Modi said the determined focus of Singh, who was promoted to the five-star rank of Marshal of the Air Force in 2002, on capacity building in the IAF added great strength to India’s defence capabilities. “India will never forget the excellent leadership of Arjan Singh in 1965, when the IAF saw substantial action,” the PM said in a series of tweets. Modi recalled how the ageing war hero stood up to salute him despite his ill health.”Sometime back I met him, who despite his ill health tried to get up to salute even though I said no. Such was his soldier discipline,” he said.

J&K Guv mourns death

J&K Governor NN Vohra condoled the Marshal’s death. Vohra recollected how since the time he was posted as Defence Secretary (1990-1993) he had been interacting with the Marshal on several issues of importance and national security. Vohra is a 1959-batch Punjab cadre IAS officer. — TNS/PTI

He won nation’s gratitude: PrezPresident Ram Nath Kovind on Saturday condoled the demise of war hero Marshal Arjan Singh, saying he won the nation’s gratitude for his military leadership in the 1965 Indo-Pak war. “Sad at demise of a great air warrior & Marshal of the Air Force Arjan Singh. Condolences to his family & IAF community. Marshal of the IAF Arjan Singh was a WW II hero & won our nation’s gratitude for his military leadership in 1965 war,” Kovind said in a series of tweets. PTI‘Outstanding soldier & diplomat’Arjan Singh was an outstanding soldier and a diplomat who led from the front. He will be particularly remembered for his successful operation tenure on the Burma front during World War II. He was a jewel in the throne of our armed forces and his extraordinary contribution as an air warrior would always be a source of inspiration to us.— Sonia Gandhi, Congress President‘Great loss to country’The kinds of aircraft he has flown, the positions he held, the awards he has received and number of years of service. It is very rare for any country to have a soldier of that kind of potential. It is a great loss to the country.— Nirmala Sitharaman, Defence Minister

Members of a delegation from British Royal Army during an event organised to commemorate the 120th anniversary of the Battle of Saragarhi at Nirvana Club in Ludhiana on Monday. Photos: Ashwani Dhiman

Gurvinder Singh

Tribune News Service

Ludhiana, September 11

British army officers paid tributes to the martyrs of the epic battle of Saragarhi, when the contingent of mere Sikh soldiers overcame the might of 10,000 Afghan soldiers. Despite losing their lives, they brought with them the best displaying extraordinary courage and valour on September 12, 1897.In an event organised to commemorate the 120th anniversary of Battle of Saragarhi, a delegation from British High Commission having several officers of the British army and representatives from different organisations saluted the Sikh brave hearts at Nirvana Club.The event began at Guru Ram Das Academy, where students of the school presented gatka and cultural programme, from where the delegation went to the Nirvana Club nearby.The delegation comprised members from England, including Major Gen Duncan Francis, Col John Richard Kindall and others. Speaking on the occasion,Col Kindall said it was a hugely inspiring story of not only courage, but loyalty for fellow soldiers, for their regiment, the army and the country.“This is the story of two nations — the British and the Sikhs, who first met in the battle field and left as friends. The Sikhs in the British army carry on that tradition of valour,” he said.They were bestowed with gallantry award — Indian Order of Merit. A retired army officer present on the occasion, said: “Generally individuals are given gallantry awards, but it is very rare that the entire unit is bestowed with a gallantry award.”Major Sartaj Singh Gogna, who is part of the British Royal Army, said he was two, when his family migrated to Britain from India. He studied pharmacy, but realised his true calling and joined the British Royal Army at the age of 21.He said the Battle of Saragarhi has been an inspiration and so has been the participation of Sikhs and Indian Regiments during World War I and World War II. There are around 187 Sikhs, who are part of the British Army, he said.Ranvir Singh, who is serving the British army, said they were following Sikh values and ethos in the British Army.

About the battle…

• The battle was fought before the Tirah Campaign on September 12, 1897, between Sikh soldiers of the British Indian Army and Pashtun Orakzai tribesmen in the North-West Frontier Province (now Khyber Pakhtunkhwa in Pakistan.
• The British Indian contingent comprised 21 Sikhs of the 36th Sikhs (now the 4th Battalion of the Sikh Regiment), who were stationed at an army post attacked by around 10,000 Afghans. The Sikhs, led by Havildar Ishar Singh, chose to fight to the death, in what is considered by some military historians as one of history’s greatest last-stands. The post was recaptured two days later by another British Indian contingent.
• Sikh military personnel commemorate the battle every year on September 12, as Saragarhi
• 

Lt Gen Devraj Anbu, GOC-in-C of the Northern Command, with the awardees at the investiture ceremony in Udhampur on Thursday. Tribune Photo: Inderjeet Singh

Tribune News Service

Udhampur, September 7

An investiture ceremony of the Northern Command of the Army was held here today and General Officer Commanding-in-Chief, Northern Command, Lt Gen Devraj Anbu presented the gallantry and distinguished service awards to 108 officers and other ranks.The Army Commander presented a Sarvottam Jeevan Raksha Padak, two Yudh Seva Medals, two Bar to Sena Medals (Gallantry), 76 Sena Medals (Gallantry), 10 Sena Medals (Distinguished Service) and 17 Vishisht Seva Medals to the recipients, which were bestowed upon them for their act of valour and distinguished services.Meanwhile, 14 civilians were also given the certificate of appreciation and cash awards by the Army Commander for their yeoman service. Unit appreciation to 31 units for their outstanding performance in the Command Theatre in 2016 was also awarded.The Army Commander also honoured four personnel of the J&K Police for their act of gallantry and devotion.Lt General Anbu commended all ranks of the Northern Command for their dedication and devotion to duty. He exhorted them to rededicate themselves to the cause of the nation.He congratulated those who were decorated for bravery and distinguished service.During the event, the regional president family welfare organisation, Northern Command, also interacted and presented gifts to the next of kin of the posthumous awardees.

THE entire country witnessed the collapse of governance will in the events leading to the conviction and sentencing of Dera Sacha Sauda chief Gurmeet Ram Rahim. And a day after he earned two decades in prison, another self-proclaimed godman Rampal was arraigned before the court. He was acquitted for allegedly masterminding a spell of riotous frenzy by his supporters in a case whose denouement is also close. For that matter, though Ram Rahim was convicted of a charge that involved betraying the trust of vulnerable women, he too will shortly be arraigned for charges of murder. The only difference between the two godmen, both of whom ran veritable empires that brooked no challenge to their suzerainty, was that Rampal wasn’t charged with grave moral turpitude.But what was common between the two was that for all their teachings about egalitarianism and piety, they had assumed that their empyrean status among their apostles would grant them immunity from the temporal world of rules and regulations outside their dera gates. Once that was not to be, there is tacit encouragement to the bereft followers to go on a riotous frenzy. Another common element behind the travails of both self-anointed saints was the strange radio silence from politicians. The televised spectacle in the run-up to Ram Rahim’s sentencing was tailor-made for politicians to weigh in. Rarely has the political class willingly passed up an opportunity to insert itself in an event that had the whole country riveted.The politician is ever-willing to overlook indiscretions by the Babas because of the nature of the battle for votes where only the winner matters. Very few contestants, mostly those in it for a token contest, are loath to allow even a single unsolicited vote to escape their grasp. The Babas, with a complete sway over lakhs of followers, are a temptation a politician can hardly overlook. The politician is willing to let matters rest and wait for another day, perhaps when the Baba walks free, rather than risk antagonising his captive vote bank by taking a stand. Principles can wait for another day. 

A nine-judge bench of the Supreme Court, in a path-breaking judgment ruled that the right to privacy is a fundamental right, like the right to life. This verdict will impact national and global jurisprudence on privacy vis-a-vis information-based economy and governance.

Need of the hour: Parliament has to perform its constitutional obligation of making a law on privacy. Tribune photos

Madabhushi Sridhar

THE basic concept and definition of privacy rendered by Justice BP Jeevan Reddy in the Rajgopal case (1994) and the emphatic dissent of Justice Subbarao in the MP Sharma case formed the solid basis of the nine-judge bench recognising and declaring that the right to privacy is the intrinsic part of life under Article 21 and a part of the freedoms guaranteed by Part III of the Constitution. Now the Aadhaar link has to be decided on the Aadhaar of this unanimous order of the Supreme Court. Justice Chandrachud referred to the landmark order of Justice Jeevan Reddy, who said: “The right to privacy is implicit in the right to life and liberty guaranteed to the citizens of this country by Article 21. It is a ‘right to be let alone’. A citizen has a right to safeguard the privacy of his home, his family, marriage, procreation, motherhood, child-bearing and education among other matters. None can publish anything concerning the above matters without his consent — whether truthful or otherwise and whether laudatory or critical. If he does so, he would be violating the right to privacy of the person concerned and would be liable in an action for damages. The position may, however, be different, if a person voluntarily thrusts himself into controversy or voluntarily invites or raises a controversy”.  Recently, in the Ram Jethmalani case, the Supreme Court held the revelation of the details of the bank accounts of individuals without the establishing wrongdoing would be a violation of the right to privacy. The judges cited catena of orders from India and abroad to explain how privacy assumed fundamental importance as a basic right. This judgment will have a significant impact on the Government’s Aadhaar scheme, under which the state is collecting huge personal details and biometrics to identify beneficiaries for accessing social benefits under various welfare schemes.  The question that another five-judge bench of Supreme Court is going to decide is: Whether the Aadhaar programme is a breach of privacy, informational autonomy and bodily integrity?The Union contended that the right to privacy was not fundamental, while four state governments — Karnataka, West Bengal, Punjab and Puducherry —where non-BJP political parties are ruling, opposed the Centre’s contention and pleaded for the right of privacy. The Maharastra government said that it is a concept and not a stand-alone right.  This landmark declaration that it is a fundamental like the right to life will impact national and global jurisprudence on privacy vis-à-vis information-based economy and governance.The Supreme Court overruled its earlier verdicts in MP Sharma and Kharak Singh. As an eight-member bench in MP Sharma decided against the fundamental right status of privacy, this nine-member bench was necessitated. The Supreme Court prepositions subsequent to the Kharak Singh case were held to be correct position in law. The Attorney General’s argument of doubtful status of privacy based on the Supreme Court orders in the MP Sharma and Kharak Singh cases was rejected emphatically. In MP Singh, the Supreme Court held that a power of search and seizure is in any system of jurisprudence an overriding power of the State for the protection of social security and that power is necessarily regulated by law.  The Court felt that the Constitution makers did not subject the regulation by law of the power of search and seizure to a fundamental right of privacy. The decision in the Kharak Singh case held that clause (b) of Regulation 236, which provided for domiciliary visits at night, was violative of Article 21. The bench observed that Kharak Singh regards the sanctity of the home and the protection against unauthorised intrusion an integral element of “ordered liberty”.  The Supreme Court agreed with the dissent of Justice Subbarao in Kharak Singh. He held that the rights conferred by Part III have overlapping areas. Where a law is challenged as infringing the right to freedom of movement under Article 19(1) (d) and the liberty of the individual under Article 21, it must satisfy the tests laid down in Article 19 (2) as well as the requirements of Article 21. Justice Subba Rao recognised a constitutionally protected right to privacy, considering it as an ingredient of personal liberty.  Justice Chandrachud’ draft was signed by Chief Justice Khehar, Justices RK Agrawal, Abdul Nazeer, and approved by  Justices Chalameshwar, S A Bobde, R F Nariman, Abhay Manohar Sapre, Sanjay Kishan Kaul, by separate judgments.  Referring to the informational privacy, he says: “In aggregation, they disclose the nature of the personality: food habits, language, health, hobbies, sexual preferences, friendships, ways of dress and political affiliation. In aggregation, information provides a picture of the being: of things which matter and those that don’t, of things to be disclosed and those best hidden”.The bench finally cautioned that the judicial recognition of the existence of a constitutional right of privacy is not an exercise in the nature of amending the Constitution nor is the Court embarking on a constitutional function of that nature which is entrusted to Parliament.  The Parliament has to perform its constitutional obligation of making a law on this vital point. Such a law if made should not encroach upon privacy, and if it does it has to withstand the touchstone of permissible restrictions on fundamental rights. Such a law shall stipulate a procedure which is fair, just and reasonable.  Thus, a law of privacy with reasonable restrictions to advance security and public interest is the need of the hour. The writer, a Central Information Commissioner, is a former Professor of Law at NALSAR University of Law, Hyderabad.