Context :
PMLA
case: ED must tell accused grounds of arrest, reaffirms top court ..
HT … 23 Mar 2024
Extract :
The Supreme Court has dismissed the Union
government’s plea to reconsider its judgment that made it mandatory for the
Enforcement Directorate (ED) to provide a copy of the grounds of arrest to accused in money laundering
cases while adding that a mere verbal information would be construed as a
breach of constitutional right of arrested persons.
My Take :
Ø
Who
watches the Watchmen ? ………………… 12 Jan 2019
Extract :
Any agency wanting to conduct surveillance of online / offline activities
of an Indian Citizen , shall submit its’ requirement in this section
This shall contain details such as :
· Name of the agency
· What activity of the citizen is
proposed to be surveyed and for how long
[ Multiple selection from the following ] :
# Visits and postings on Social Media web sites
# Visits and searches on E Commerce web sites
# Searches on Search Engines / All
digital traffic ( including thru Alexa / Google
Home type devices )
# Messages sent / received on Messaging Apps / E Mail services
# Records of Digital Payment Transactions on Banking / FinTech
Network
# Audio logs from Landline and Mobile Service Providers
for telephonic talks…etc
Agency will also need to specify the PURPOSE of the
proposed surveillance , by selecting one or more of the following suspected
reasons ( list is not comprehensive ) :
· Tax
Evasion / Money Laundering
· Criminal
Activity / Militancy
· Fraud / Breach
of Trust
· Anti-National
Activity / Sedition / Treason
· Fake News /
Pornographic content posting
· Speeches /
articles likely to create enmity among people
Such a request shall need Online Authorization of , all of the
following officers :
# Chief of Agency concerned
# Secretary ( Cyber Security ) – Ministry of Information
Technology
# Data Protection Regulator
As soon as such a request is “ Approved / Authorised “ , an email ALERT
will go out automatically ( without any human intervention ) to the citizen
concerned that she is “ under surveillance “ .
This will ensure that there is NO
SECRET surveillance !
Copies of this E Mail ALERT will also get sent to all other Intelligence
Agencies for a coordinated effort and for avoiding duplication
# SURVEILLANCE HISTORY SECTION
At any time of his choice , concerned citizen can login at this section
and see WHICH
# But the citizen concerned will NOT be able to see following entries by the
Agency :
# What was the PURPOSE / REASON for the
surveillance
# WHAT DATA got collected
# FINDINGS and proposed COURSE of ACTION
, if any
This part will be visible to all other Intelligence Agencies , who will
have facility to add their own
information / data about the concerned citizen which is in their possession ,
in order to compile a COMPREHENSIVE DOSSIER about that citizen .
However, these other Agencies will NOT be able to EDIT any
ENTRIES / FINDINGS of any other agencies
My proposal,
# Gives a free hand to the Agencies to proceed with their investigations, without
needing PRIOR PERMISSION,
And
being investigated
This will assure the ordinary citizens (– and also “ vulnerable “ citizens
such as politicians belonging to opposition parties ? )– that they are not
being snooped upon
secretly !
With regards,
Hemen Parekh
www.HemenParekh.ai / 26
March 2024
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