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pune
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Insecure national security

Mon Nov 01, 2021 1:20 am

The above is the title of the an opinion shared by Ms. Tavleen Singh

https://indianexpress.com/article/opini ... s-7599584/

She has shared a lot and a lot of unpacking has to be done in order come to what she is trying share.

The first she speaks of is the Aryan Khan case. Aryan Khan is a 23-year old young man whose father is Shah Rukh Khan who made it big in bollywood. He is lovingly, affectionately and perhaps a bit of fear and jealously is also known as 'King Khan' and apparently with a single nod can wipe out careers. Even A-list directors try not to get on the wrong side of him.

But the above doesn't have much to do other than than the fact that Aryan is a Muslim and he is loaded. Few weeks ago, there was a cruise ship going from Mumbai to Goa and back The Cruise ship was by Cordella Cruise and apparently had 1300 odd people, most people on the ship are either foreigners or part of the top 1%.

To make this more successful, one of the organizers Pratik Gaba (who is closely linked to BJP) invited Aryan Khan to be part of the cruise as a special guest. What he was told and what was understood by him, we don't know. He apparently decided to take the offer of the gentleman in good faith and with his friend Arbaaz Merchant decided to go on cruise.

Apparently, NCB (Narcotics Control Bururea of India) had been waiting for them. They didn't even cross the gang plank but were arrested/(asked for questioning), From statements of his lawyer which weren't challenged in the court, it is proved he wasn't carrying anything. Livelaw is a website which has started sharing live-updates of court hearings for few years now in form of tweets. So from the twitter -

https://twitter.com/LiveLawIndia/status ... 6907990017 - Not even an ounce was found on me was the statement given by his lawyer Maneshinde.

https://twitter.com/LiveLawIndia/status ... 0348049412

Sayed says he has filed an application for #CCTV footage.
And prosecution says it will prejudice to the ongoing investigation in reply.

"I am shooting my self in the foot if contraband is found.
The court can ascertain the truth by a sentence in a reply"
.
#ArbaazMerchantt

Sayed is the lawyer for Arbaaz Merchant.

I have seen many shitty arguments as I had a civil case against my landlord which we won in the Pune district court after 20 years and then they decided to take it to Mumbai High Court where it has been more than a decade since a single hearing happened, although before the pandemic used to travel up and down on each date when it was announced.

In the above case, this is perhaps the shittiest and filmiest argument I have ever seen a prosecution make. Saying I will not produce evidence as that will make my case weaker. If CCTV footage showed that it was planted than the whole thing would be known as a set-up. But this wa not to be :(

Had also privilege to see how bail application is granted or dismissed, if it is and was not a celeb case, usually it is a 5 minute affair but here it was Hindu nationalists who wanted to fix the alleged drug mastermind Aryan Khan.

But yes, it took 23 days and more than a dozen lawyers, some of the most expensive lawyers of the land to get him bail. It also showed lot of lacunae in the way NDPS collects as evidence. Sharing more in part 2.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 1:43 am

Now according to NDPS Act Narcotic Drugs and Psychotropic Substances-Act-1985 under which NCB works, it is clearly mentioned that nobody apart from NCB officials are supposed to know about the raid do legal leg-work and take statements from accused or whatever. You can read about it more at

https://dor.gov.in/sites/default/files/ ... t-1985.pdf

In this case, however two people were identified who were not NCB employees and were part of the raid and also took selfies and statements from the accused.

The two are BJP worker Manish Bhanushali and a private detective (again close to BJP) KP Gosavi who were seen to be part of the raid. The former has gone underground while the latter has now been arrested. He has his own cheating case pending against him since last few years.

https://www.newsbytesapp.com/news/polit ... tive/story

It also came to be known due to the spotlight put on this case as to how NCB uses the same 'panch' witness in many cases.

https://indianexpress.com/article/citie ... b-7598165/

And it this seems like a Bollywood thriller, it certainly is, I haven't even shared half of it. More in part 3.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 1:49 am

KP Gosavi, the gentleman had actually been named have had caes against him since 2007. It also brings into question as to how much does NCB do background research of people they are making as witness -

https://indianexpress.com/article/citie ... e-7594491/

Such serial witnesses are not looked fondly upon by the judges if they come to know of it. The question shared by NCB is equally valid but couldn't it be done similar to jury duty as is done in U.S. with a bit of security thrown in, But that would require re-working the law that this Govt. from the last 7 years has done nothing. Their own manifesto in 2014 talked about police and judicial reforms and has done nothing on both counts. Sorry for the digression but there is still lot more to come. So onto part 4.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 2:20 am

Now why did it take 23 days. The first time they went to sessions court which is sort of lower court and it took about a week and more for the judge to say he cannot do it and this should be done in NDPS court only. The problem in NDPS court is in that court, the accused is termed guilty until he is able to show he is innocent, the bar is made that much higher. But then NDPS court is for people who do commercial quantity smuggling of drugs.

On this aspect, the AG (Attorney General) relied on WhatsApp chats of Aryan Khan, and they were 3-4 months to few years old. Aryan Khan was studying in California for last 4 years, where marijuana is legal for recreational purpose. For medical use, think you need a doctor's chit or something, not sure about it, those who reside in California may chime on this.

Interestingly, throughout the whole argument and counter-argument the AG never claimed he had read the chat, it was whatever his junior colleagues or NDPS Officers told him, and he was going by their interpretations. None of the alleged chats were put in front of the judge, apart from numbering of chats. This probably would have constituted as hearsay in more refined judicial settings but not here.

Even though, the SC had opined in another case just a few months back that WhatsApp messages have no evidentiary value, in lower courts it seems the argument can still be made.

https://www.msn.com/en-in/news/other/wh ... ar-AAM9QcW

Apart form the chats and the so-called 'interpretations' they didn't have anything. While this case was going on, there were too many similarities with two other cases, one belonging to another Bollywood personality Rhea Chakravarthy and an actress from south Ragini Dwivedi.

https://www.livelaw.in/top-stories/ragi ... ase-168695

That would have another thriller but the end-result was the same, no evidence apart from some chats. And apparently, all these chats were in coded language. For e.g. in Aryan Khan's case quite a few WhatsApp messages real or unreal were leaked to the press and a media trial was happening. One thing to note, none of these messages were ever put up as part of evidence. It was more about painting and a narrative being done in public domain, all laced with interpretations. For e.g. having a 'blast' meant

https://www.barandbench.com/news/litiga ... aryan-khan

Onto part 5.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 2:52 am

Having a 'blast meant' according to NCB means having to smoke to blowing a building. In fact, if I were to use twitter, the first result for 'having a blast comes from somebody called Herschel Walker and the gentleman says -

Julie and I are having a blast at the @Braves
game with President Trump and Melania! Also celebrating a huge ⁦@GeorgiaFootball
⁩ DAWGS win in Jacksonville!!

https://twitter.com/HerschelWalker/stat ... 1161463809

Now I'm sure it doesn't mean they are going to smoke. And according to this, the gentleman is looking to be part of United States Senate. But I digress.

I haven't yet introduced two of the most interesting characters who actually took this whole thing to another level altogether. We have Sameer Wankhede and family, and we have Nawab Malik of NCP (politician),

Sameer Wankhede or rather Sameer 'Dawood' Wankhede. Sameer is the cop who nabbed Aryan Khan. But this gentleman has some expensive tastes, he wears Burberry shirts which each cost INR 50k, wears Louis Vuitton Belt Rs 1 Lakh, Rolex Submariner watch that costs INR Rs 10 Lakhs, shoes another 1 lakh (some brand I don't remember, some Italian make).

The above were seen on him with photographs of his first wife and then second wife. His salary as per known is around INR 60k/- per month. Some people on the right said these were all copies, but when pointed out that Mr. Wankhede is first an IRS officer and wearing copies is a crime, they shut their mouths. An IRS officer (Indian Revenue Service) is the tax arm of the Indian state. Their job is to fine people who deal in fake copies of any product. That is his original cadre.

Anyways, apart from the above, the gentleman is said to have 4 flats in Mumbai, 3 flats in Andheri, 1 flat in Goregaon and a hotel in Thane. While people have named all of the above and some have even shared pictures of them, this all needs to be investigated by the ED (Enforcement Directorate) and NFRA (National Financial Reporting Authority) but that all is long-term view and thinking. Onto part 6.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 3:21 am

Now, while in the last part I had introduced Mr. Nawab Malik, I didn't share what part he played. His son-in-law was arrested by Mr. Sameer Wankhede and was in jail for a few months, and then got bail. Now we don't know much about the case itself but many cases have come to limelight that showed that NCB doesn't do the necessary leg-work and the attention that is needed -

https://www.livelaw.in/news-updates/all ... nja-184420

In the above case, after the accused had spent 3 years in jail, the judge when he read the documents and the F.I.R/panchnama came to know there is no independent witness in the case. No independent witness means the case falls apart. The judge said sorry and hoped that the remaining case would be over in a year, at least he would try.

Another case which came to attention was a case from Chandigarh -

https://www.livelaw.in/news-updates/cha ... ure-184735

In this case, it was found out that the challan was issued without forensic report. There has been a larger bench constituted to examine the issue in detail.

The problem in here is that forensic teams and number of people who are needed are not simply available. It has been like that for over a decade AFAIK. And this hampers not just drug cases but all sorts of criminal investigation, from rapes to murder to theft and all kinds of crime. A forensic unit is known to give valuable tips and understanding to investigating officers.

And I have again digressed. Now for reasons maybe emanating either anger or revenge or something else, no clue he started sharing evidence about Sameer Wankhede and his family. Interestingly, he shared two nikannamaas, one of Sameer Wankhede marriage with his first wife and the other with his second wife.

With his first wife, he signed the nikahnama (marriage certificate, popular in Muslim community). Now, according to Sameer Wankhede and his family (including his father) he never converted to being a Muslim. One of the reasons that RW was for him is because he is supposedly Hindu. What both he, his wife and his father have failed to share why there was nikahnama in the first place. The second and current wife gave an excuse that because Sameer's mother was a muslim hence she gave a signature on the nikahnama. The father, a civil Govt. servant also gave similar denials. The sad fact that neither wants to face and nor have they been asked by the pliant media, why the need at all to do this. Nikahnamas are serious documents. I have been privileged to be invited a few marriages. They usually don't invite Non-Muslims, but for me it was a privilege. From what I have seen, the qazi (the priest) calls out in loud name, the name and surname of the groom in full, the same of the father, the same of the bride and her father. And this is done in presence of Allah who is omnipresent and all who are present as witnesses. In many ways, similar to what happens in Hindu marriages. From where and how things transpired from one to the other only a sociologist can say, but again I digress.

When Nawab started sharing document after document, sharing videos of the qazi who actually married him and the first wife. Sameer Wankhede also made an affidavit where he claimed that while he married the first wife through Muslims rituals, when they parted ways it was through civil court. AFAIK, traditional Muslim marriages only can happen if both parties are a Muslim. If either party is a non-Muslim, then the only way is civil marriage. (India yet doesn't have the concept of civil union, maybe never will, who knows.) Last part 7.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 3:28 am

While Aryan Khan did get bail. There are more and more questions being raised against Sameer wankhede . NCB too thought better to have distance from him.

https://economictimes.indiatimes.com/ne ... 376320.cms

And now a new character has come in to bat from the side of Sameer Wankhede, Ramdas Athavle. Mr. Athavle is known to go as low as needed to be to get the job done.

There is still a lot of story that needs to be unfolded. During all these distractions, GOI hiked prices of petrol 23 times in the last one month and over 250 odd times in the last 11 months. This is called as distraction politics. The other points as shared by Ms. Singh will be continued after a break :)
 
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Aaron747
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Re: Insecure national security

Mon Nov 01, 2021 3:31 am

My quick-hit takeaway from this and other stories I have seen is that Indian courts are an institution nobody can rely on unless they ‘know the right people’.
 
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TheFlyingDisk
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Re: Insecure national security

Mon Nov 01, 2021 6:37 am

Can I ask why is the Indian government going after Shahrukh Khan's son? Is it simply because he's a Muslim? But from my understanding SRK is Muslim in name only - as I do recall him sharing how he was disenchanted by religion after his mother died, so what's really going on?

Looking at least from the top line as what you've presented, I now understand why Zakir Naik chose to leave India.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 11:50 am

Aaron747 wrote:
My quick-hit takeaway from this and other stories I have seen is that Indian courts are an institution nobody can rely on unless they ‘know the right people’.


Oh absolutely. One of my relatives is a lawyer who has practised almost 20 odd years and she is a known lawyer so she gets cases like anything. But the rate of disposal of cases is abysmally slow. On top of it there are wheels within wheels. I have seen so many times court staff being given a bribe so that the next hearing is sooner or earlier/later as per convenience of people. And judges are also human, so they usually ask the court staff which ones should be taken. He knows he has to work with them day and night and cannot afford to annoy them.

So, obviously the court staff has more of a weightage on which cases will be heard or not. And that is the reason why new High Courts have not been constructed for the past 15-20 years while the population has grown multiple times. A Court some distance away from my home, in my 40+ years, only one building came up. Just even hypothetically let's say 15-20-25 cases are being heard simultaneously, how many can be heard in one day? An Indian judge is supposed to do something like 20-30 odd cases or at least hear some part of it. There is some sort of point system. If you hear less than x number of points, your chances of promotion or whatever are less. Its literally a race to the bottom. Sadly, most people don't know either about the points system or anything else.If I were a judge, I would at the most hear 5 or 6 and would like to study those cases and maybe even ask questions to the witnesses before arriving at a judgement. In many cases, a judge asking a question is also supposed to be rude or out of his brief. The ones that come in limelight, it also gives an opportunity to the judges to also shine as they also know that lawyers won't be able to object one way or the other as there is interest.

There have been quite a few movies in India that have sort of skimmed on the pressure the judges have and the clarity many of them have. They often see injustice done but are forced to be either silent or give a judgement as the other side didn't see what was obvious.

Again, those who have visited Indian courts and seen judicial process, know there is so much to comment upon but there is only so much that you can share on a public fora, hence will stop here.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 12:00 pm

TheFlyingDisk wrote:
Can I ask why is the Indian government going after Shahrukh Khan's son? Is it simply because he's a Muslim? But from my understanding SRK is Muslim in name only - as I do recall him sharing how he was disenchanted by religion after his mother died, so what's really going on?

Looking at least from the top line as what you've presented, I now understand why Zakir Naik chose to leave India.


Zakir Naik first fault is that he is a preacher. Now according to GOI and intelligence agencies he was getting money from Dubai and other Muslim countries. Ironically, in recent months India also has taken loans from both Middle-Eastern countries and the Chinese banking consortiums, but somehow they are 'nationalist'.

What GOI did is share edited/non-edited dunno speeches of the gentleman where he is being fiery and provocative, but we are not given any context. And most people see the call of violence or whatever Mr. Zaik was saying as being terrorism. There is also a whole list of money laundering charges against him.

Now how much truth is there in any of these charges and whatnot I don't know. And a lot of people have been radicalized by whatsApp and SM. BJP has nothing to show on the economic front for the last 7 years except the mythical green shoots which are just around the corner. In fact, the latest CEA (Chief Economic Adviser) just quit a couple of weeks ago citing he wanted to go back to Academics. So now they are looking for a new CEA who has the ability to lie convincingly.

https://www.ndtv.com/india-news/chief-e ... re-2568674
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 2:06 pm

Continuing with Part 9 after the break -

Siding with another country's team seems to be a thing and being sensitive about it is also apparently a thing.

In 2011, there were a series of matches between India and UK/England. In those matches, British Indians, most of them having citizenship of UK favored India. And British Indians were told they were being unfaithful. It was so much that people who wanted to give a balanced outlook didn't find a way apparently to get their voice heard in the British press and had to use Indian press for the same.

https://economictimes.indiatimes.com/op ... 621147.cms

And the same people who are making a hue and cry over the same today, had absolutely no problems with British Indians doing the same. Hypocrisy, anyone.

Now coming to Shri Prakash Jha, the series he is making is called 'Ashram 2' and it is basically about two people in recent memory who have been convicted for rape and murders. Asaram Bapu and Baba Ram Raheim. In both cases, untold wealth has been found at their places and specifically in Baba Ram Raheim place, an underground harem with all sorts of CCTV cameras, recording and whatnot was found.

Now the RW does not want people to know all of this. The goons who came and destroyed equipment and poured ink on Mr. Jha is a banned outfit and the shooting was being done in Noida, BJP's own film city that it wants to have. They actually wanted Bobby Deol whose brother, father and even step-mother is with BJP. On top of everything, Pragya Singh Thakur (she likes to be called Sadhvi Pragya) but her work is anything than that of a Sadhvi.

https://en.wikipedia.org/wiki/Pragya_Singh_Thakur

The lady is out on bail citing cancer but has been terrorizing officials all over. She was even seen playing Garba (an Indian dance) in Gujarat but no action was taken against her by the court even though this was shown in media repeatedly.

The lady is now the unofficial censor board of India. She made a couple of statements stating that all film scripts need to be sent to her, it is only after she and her cohorts pass it then a film can be made. Any similarities with any other regimes saying the same is purely 'coincidental' . This concludes part 9.
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 2:35 pm

As far as journalists are concerned, they are on ventilator and a dying lot in India. In September 2016, there were registered 10.3 lakh people employed in media, that has now reduced to 2.3 lakh (September 2021) . Source - cmie.com. For those who don't know. CMIE is the only independent statistics company in India that has been looking at the state of the Industry for the last decade or more. Sadly, they have not been able to reach new heights as most people do not want to pay for stats. They do weekly surveys, but the sample size is small. They need to do bigger, but for that more money is needed. For e.g. India has 100,000 districts. Now if CMIE wanted to be fair it would need to have at least 2-3k people sampled from each area. That would be around 15 times the number of people CMIE samples today. NSSO and others sample not even half of the work that CMIE does, even though they are a big organization and theoretically have unlimited funds for the same. NSSO = National Sample Survey Office, they are part of the Indian Govt. This is currently in limbo as it has been lacking several senior people for years now. It is also a good excuse for them to not publish any data that shows any decline or any adverse stats. This concludes part 10
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 2:54 pm

There was still something she didn't comment upon the random checking of people in Hyderabad. She also didn't talk about the habeas corpus petition still lying with SC for the past two years. https://blog.ipleaders.in/habeas-corpus-aspects/. After it was okyed to put Internet restrictions on Kashmir, they have been doing it all over, including my city and state Maharashtra. Both Section 144 has been invoked quite a few times both by the center and the state even though they are different political parties. https://indiankanoon.org/doc/1196530/

Now this new thing of randomly checking people on streets and taking their mobiles and checking WhatsApp messages to see if somewhere 'ganja' or marijuana is shared.

https://www.youtube.com/watch?v=Q7WaUFm9eUQ
 
pune
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Re: Insecure national security

Mon Nov 01, 2021 2:57 pm

This has been challenged, but it seems sooner than later the nanny state will take over -

https://www.thenewsminute.com/article/h ... ugs-157073

As far as independent news media are concerned, all of them, especially on the left have been tried multiple times by ED, Income Tax and so on and so forth and found nothing wrong. Concluding for the article shared, part 11, finally :)

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