[The second piece below is a reasoned analysis of the facts of the case by
Ms Brinda Karat, a senior CPI (M) leader.]

I/II.
http://timesofindia.indiatimes.com/india/Kin-of-snoopgate-victim-derived-power-from-Modi/articleshow/26171834.cms

Kin of snoopgate victim derived power from ModiTNN | Nov 22, 2013, 03.17 AM
IST

AHMEDABAD: "Many many happy returns of the day to Shri Narendra Modisirji.
Look forward to see you leader of India. P.M. God bless you," writes
Pranlal Soni on his Facebook page on September 17. Soni, 65, is defending
Modi in the allegedly illegal snooping on his daughter ordered by former
Gujarat home minister Amit
Shah<http://timesofindia.indiatimes.com/topic/Amit-Shah> at
the behest of his 'saheb'.

Soni's posts on social media as well as his letters - first circulated by
Delhi BJP <http://timesofindia.indiatimes.com/topic/Bharatiya-Janata-Party> and
then to the National
<http://timesofindia.indiatimes.com/topic/The-National> Commission
for Women <http://timesofindia.indiatimes.com/topic/Women> - clearly shows
he is a Modi supporter.

Born to a jewellers' family in Bhuj, Soni, a mechanical engineer who
studied in Bangalore, took the family business set up by his father to
newer heights, making their outlet Hem Jewellers a market leader in the
Kutch city. RSS sources say Soni was never an active member of the Sangh
Parivaar or close to Modi as implied in his letters.

Sharma in his petition before the Supreme Court has alleged that he was
victimized by the chief minister because of his proximity to Soni's
daughter. The father's letter, where he claims it was he who had requested
Modi to protect his daughter, came as a handy defence when snoop-gate broke
out last week.

The story goes that during the rebuilding of Bhuj, which was devastated by
a killer earthquake in 2001, Soni, also an active Rotarian, came in contact
with the then district collector Pradeep Sharma. He played a key role in
persuading other shop-keepers to agree to a complete demolition and
rebuilding of the core area of Bhuj.

Sharma's association with Soni grew and led to him to roping in his
Bangalore-based architect daughter for hill landscaping facelift project
which was inaugurated by chief minister Narendra
Modi<http://timesofindia.indiatimes.com/topic/Narendra-Modi> in
2009. It was at the inaugural event that Sharma first introduced the woman
to the chief minister.

The family's fortunes started to soar around this time. Ecolibrium Energy
Pvt Ltd <http://timesofindia.indiatimes.com/topic/Ecolibrium-Energy-Pvt-Ltd>.,
a company promoted by Soni's daughter and two sons, Chintan and Harit,
bagged the smart-grid pilot project in partnership with Gujarat Energy
Development Agency in 2010. The company also implemented project of
installing solar units on nine government building including the
secretariat in Gandhinagar.

Incubated by Center for Innovation, Incubation, and
Entrepreneurship<http://timesofindia.indiatimes.com/topic/Entrepreneurship>(CIIE)
at Indian Institute of Management, Ahmedabad (IIMA) and supported by
Ministry of New and Renewable Energy (MNRE), under Renewable Energy Search
program, the company is rolling out its first pilot project in
Gandhinagar<http://timesofindia.indiatimes.com/topic/Gandhinagar>,
to showcase how consumers will be able to access and manage power
consumption real time. It also includes 130KV of rooftop solar
installation, one of the largest in India, as part of the pilot.

The Soni family shifted to Ahmedabad and lives in a posh locality, though
they went underground when the scame broke out. Sources say Soni's daughter
got married in 2009 to an Ahmedabad-based entrepreneur who ran a tea lounge
in the posh Navrangpura area. Things went sour, however, when Modi started
suspecting that she was spying for former IPS officer Kuldip Sharma,
brother of Pradeep Sharma and a sworn adversary of Modi who is presently an
advisor to the Union Ministry of Home Affairs.

II.
http://m.timesofindia.com/articleshow/26164649.cms

Is this Modi's Watergate?Nov 22, 2013, 12.07AM IST [ BRINDA KARAT ]

*Surveillance and stalking raise serious questions about much-vaunted
Gujarat model.*

The release of taped conversations between then home minister of Gujarat
Amit Shah and superintendent of the Gujarat anti-terrorist squad (ATS), GL
Singhal, relating to surveillance of phone calls and movements of a young
woman during August and September 2009, raise serious questions about the
state of civil liberties and the model of governance in Gujarat. BJP's
explanations lack credibility.

It is not disputed that there was surveillance, nor is it disputed that the
'sahib' referred to in the tape is the chief minister. In most such cases,
the players identified usually deny such conversations ever took place, or
else claim that the tapes have been doctored. That hasn't happened in this
case.

The Gujarat government itself has made available to the press a statement
made by the father of the woman concerned. He has said that it was on his
request to the chief minister, 'an old family friend, a father to his
daughter', that the surveillance was mounted since he was concerned about
the security of his daughter. Subsequently, in a letter to the National and
the State Commissions of Women, he has claimed that his daughter was also
aware of the surveillance.

One of the lessons taught to us in moral science classes in school was that
an initial lie will lead to enmeshing oneself in a web of lies. This is
what is happening in the present case. The tapes which are available on the
website of the organisation which first broke the story show clearly that
the young woman had no idea that she was being snooped on.

Here is a small sample: A man identified as being Amit Shah by those who
released the tapes and not so far denied by him, says, "She is travelling
Indigo from Bangalore to Ahmedabad... the people with placard ask him in
advance the hotel's name...In case she escapes we can keep a vigil at the
hotel." Subsequent conversations identify the hotel and details of her
movements. Does this sound like surveillance of a person who has asked to
be watched? The tapes are full of such sickening examples.

The high stakes involved, which need no spelling out, have now led to a
situation where, to cover up an operation ethically repugnant and in
violation of the law, powerful men claim the license to force a young woman
to become their "protector" to defend them against their deeds which had
made her their target, invaded her privacy and reported every move she
made. In such a situation it is difficult to imagine any woman seemingly
betrayed by her own family, pressured by them, to speak a language
different from what they would like her to speak.

BJP claims that this is a private matter. It would indeed be a private
matter if it was just a question of the playing out of consensual
relationships, whatever their nature and regardless of who is involved. But
this is not a private matter precisely because the most sensitive wing of
government, the anti-terrorist squad under the Gujarat government, was
involved in the snooping.

One of the participants in the taped conversations was then a senior
officer in the ATS. Is this what ATS was set up for? What can remain of its
credibility, when its machinery is misused to track a private individual?
If this can happen in one case, what is to prevent the ATS from being a
handmaiden to be used against any individual merely on the request of a
family friend of a chief minister, even if one were to believe the story
being put out?

There are laws and procedures in this country on phone tapping. Section 5.2
of the Indian Telegraph Act permits phone call interceptions on grounds of
public emergency, national security and sovereignty, public safety, matters
concerning friendly relations between countries and so on. In the present
case none of these conditions apply.

In the 1997 PUCL case asking for striking down Section 5.2 as it was being
constantly misused, the apex court, while upholding the principle that the
right to privacy is part of Article 21 of the Constitution protecting life
and liberty, had laid down further conditions for the use of 5.2. These
included written instructions from the home secretary, recorded reasons on
"strong grounds" for such surveillance and so on. Clearly none of these
conditions were followed in the present case.

Thus it appears to be a clear violation of the Indian Telegraph Act for
which those involved should be prosecuted. The newly amended Indian Penal
Code in relation to sexual offences against women includes the crime of
stalking which includes "to follow a woman", "to monitor the use by a woman
of the internet, mail or any other means of electronic communication". The
punishment for such a crime is "not less than one year but which may extend
to three years, and shall also be liable to fine".

This is the first known case of state-sponsored stalking of a young woman
reportedly on the orders of top government leaders. Would this case come
under the relevant section of the IPC?

*The writer is a politburo member of the Communist Party of India
(Marxist).*

-- 
Peace Is Doable

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