IS THE EMERGENCY BACK ?
The latest issue of the Outlook (3rd May, 2010) carries a shocking report describing how the Government of India has been making use of the latest phone tapping technology to prepare records of telephonic conversations of prominent political leaders including Chief Ministers like Nitish Kumar, Union Ministers like Sharad Pawar, communist leaders like Prakash Karat, and the Congress party’s own office bearers like its General Secretary, Digvijay Singh.
This reminds me of an interesting encounter I had 25 years back. In 1985, one morning a stranger arrived at my house carrying a brief case full of papers. This brief case, he told me, contained ‘dynamite’ which could blow up this Government. He opened his brief case and out poured some 200 sheets of closely typed records of telephonic conversations of many VIPS.
I scanned these papers. I did not find them as ‘explosive’ as that gentleman seemed to presume. Some of those papers were telephonic conversations which I had had with Shri Atal Bihari Vajpayee. What surprised me even more was that those transcripts included tape-recorded conversations not only of opposition leaders but also of eminent journalists and some extremely distinguished VVIPs like Gyani Zail Singh.
June 25th, 1985 happened to be the 10th Anniversary of the Emergency. Addressing a press conference on that day Shri Vajpayee not only recalled other excesses of the Emergency, but referring to the large-scale phone-tapping that used to take place during those nineteen months, told the press:
“I have known for long, that my phone as well as that of my party colleague Advani have been under surveillance. But lately I have gathered that the telephones of many other senior leaders like Chaudhary Charan Singh, Jagjivan Ram and Chandra Shekhar and journalists like G.K. Reddy, Arun Shourie, Kuldip Nayar and G.S.Chawla also are being regularly tapped. But what has really left me flabbergasted is that the Intelligence Bureau has had the temerity to tap the telephones of the President and the Chief Justice also. All this is not only politically immoral but unconstitutional and illegal also.â€
In 1996 when Shri Deve Gowda was the Prime Minister, a high level Congress delegation led by former Home Minister, S.B. Chavan complained to him that the telephone of Shri P.V. Narasimha Rao and several other senior congress leaders were being tapped by the U.P. Government. The Prime Minister told these Congressmen that their complaint was without substance. Notwithstanding this denial, Shri Deve Gowda himself later announced that the C.B.I. have been asked to inquire into the matter.
In 1988, a major phone-tapping episode created a stir in Karnataka. The Times of India published the photo copy of an order issued by the D.I.G. (Intelligence) mentioning the names of political persons and some institutions whose telephones were included in the tap-list.
I was a member of the Rajya Sabha at that time and I remember how vehemently Union Home Minister Buta Singh had condemned the Karnataka Government and affirmed that unlike the Hegde Government the Centre was not tapping the phones of any politician or journalist. This statement provoked me to stand up and say: “I cannot say what is being done today. But I have personal knowledge that at least until 1985 your government had been tapping my telephone and the telephones of many other politicians and journalists.â€
* * *
In many democracies of the world the legitimacy and limits of phone tapping has been a matter of continuing debate. In the United States, this issue became subject matter of bitter acrimony during the Watergate days. Angry public opinion and the threat of impeachment led to Richard Nixon’s ouster from office. His successor Gerald Ford granted him full pardon. But three years later in a television interview with David Frost (May 19, 1977), Nixon made a sensational statement. He affirmed that burglaries and other crimes are not illegal if ordered by the President !
In 1977, President Carter asked Congress to approve a plan which would make it impossible for the executive to intrude upon a citizen’s privacy without judicial authorization. This plan, Carter contended, would successfully resolve the “inherent conflict†between national security and the basic right to privacy of a citizen. Subsequently legislation has been enacted wherein all security authorities, including the FBI, have been obligated to seek prior judicial approval for any wire-taps.
In Britain, there is no law governing wire-tapping. But several parliamentary committees have gone into the question in depth. In 1957, a three-man committee of Privy Councillors headed by Norman Birkett was set up to inquire into the “interception of communicationsâ€.
The Birkett committee described wire-tapping, or for that matter, all forms of intercepting private communications as “inherently objectionableâ€, but felt that the practice may be permitted within certain clearly defined areas, and with appropriate safeguards. It laid down that wire-tapping may be allowed to the police and security agencies only for the purpose of crime investigation or to check subversive or espionage activity. Even for this field, the committee laid down rigorous guidelines. Till date, no one in Britain has ever accused their government of abusing these powers.
What is really required in this context is to set up a parliamentary committee on the lines of the Birkett committee to examine all aspects of the problem, scrap the outdated Indian Telegraph Act of 1885 and replace it by a new legislation which forbids invasion of an ordinary citizen’s privacy, but which formally recognizes the right of the State to use the latest IT devices of interception to deal only with crime, subversion and espionage. The law must provide statutory safeguards which make it impossible for Government to abuse its powers against political activists and pressmen.
L.K. Advani
New Delhi
April 25, 2010
If you enjoyed this post, make sure you subscribe to my RSS feed!
April 24th, 2010 at 9:29 pm
Sir,
If the Outlook report is authentic then its not a good sign of Democracy and Citizen Rights. As you have suggested, a parliamentary committee should be set up first to find whether Outlook report is authentic and if it is so, then definitely another committee similar to Birkett Committee should be set up to examine all aspects of this problem. I do not feel that Emergency is back because in that case Outlook could not have come out with the report.
April 25th, 2010 at 10:35 am
Congress governments have always played with the democratic rights of people of India & Political Leaders and this incidence of Phone Tapping is not the first.
Advani ji has always championed the cause of People’s Rights and I expect that he would once again lead the Parliament in condemning the Congress misadventure. Yet, I feel our protest should not be guided by fear of any exposure as I feel BJP has no skeletons to hide. Besides, our Protest should be guided by the Spirit of True Democracy where people enjoy full liberty.
Infact it would be ideal if B.J.P. forces the Government to present before Parliament the Text of Recordings because that would help know what all goes on in the minds of Sharad Pawar, Digvijay Singh or dual charactere Communists.
Praveen Shankar Kapoor
Delhi
April 25th, 2010 at 11:17 am
Dear Sir,
Even after many decades of liberating ourselves from the clutches of invaders, our politicians did not change their style of functioning. They want to equip with as many illegal weapons as possible to remain in power.
The sad part of India’s political story is that we talk about secularism but never practice it; similarly we claim we are the biggest democracy of the world but actually our politicians who rule us never try to be democratic in actual sense. I think, tapping of phone is a worst kind of political culture and it creates a suffocating atmosphere in which free breathing will become difficult. I think all of us are responsible for it. It is easy to count positive aspects of our democracy than counting negative aspects because list of negatives will be very big. Also future of our democracy will be very bleak because we may not find mature leadership like LKA and ABV in coming generation. Yet, I am optimistic as my hope lies in Lord Krishna’s assurance ‘Sambhavami yuge yuge’.
April 25th, 2010 at 11:46 am
I agree with you……Sir. You are another LOKNAYAK in today’s situation…..
April 25th, 2010 at 4:53 pm
Sir,
With due respect, let me put this to you. What is really required in this context is NOT just a new legislation which forbids invasion of an ordinary citizen’s privacy, but a culture to respect the fundamental rights of the citizens irrespective of his/her class, creed and the like, because mere passing a legislation does NOT do any good as rules and provisions of law are routinely ignored by the rich, powerful and the well-connected in India.
In this context let me also add that BJP does not seem to have surmised the real intent of the constitutional amendment to ensure 33% reservation for women in parliament and state assemblies. If that goes through, there will be about 180 ‘political’ families ruling india for EVER under the ‘leadership’ of the current ‘first’ family, a virtual autocracy ! Do you really support that?
Sweden tops out as the #1 place for women. Female politicians make up around half of the Swedish parliament without any reservations !
April 25th, 2010 at 6:39 pm
Strong Point, Strongly Stated. Scandals were abundant under this Government, now Governance itself has become Scandalous.The virility with which dirty stories march out in quick succession out of the attic of the UPA, indicates the tremendous rot that has set in the process of governance. Wish the government is dead, so that Governance will live long.
April 25th, 2010 at 6:48 pm
Sir,
You are the one person who I envisaged as PM. But unfortunately this was not fulfilled because of the uninformed people of India. There is no loss for you when NDA lost it, actually it is all of us who are suffering. Would like that you make sure that next generation leaders of BJP should also take forward yours and Atal ji’s legacy to new high. Please write for young people also as to what they should do to make India Best.
April 26th, 2010 at 3:40 am
Sir,
What is the reaction from our party’s side to UPA government for doing these type of cheap tricks ?
April 26th, 2010 at 7:16 am
Mr. Advani,
Same question we ask of you - Is emergency back in Gujarat that your CM stoops so low to attack Saint Asaramji Bapu’s Ashram ? I feel you have always avoided tough questions all along your political career. I would like to ask this have you done anything to stop this nonsensical atrocities after Mr. Narendra Modi attacked the saint’s Ashram ? Mr Advani, I and many like me were staunch supporters of BJP but attack on Ashram is a shame on BJP Government and other conspirators (read Sandesh News Paper etc) but seeing people like you deciding NOT TO DO ANYTHING makes me sick and you lost me and people like Me forever ie.. No More Vote for BJP…
April 26th, 2010 at 9:46 am
Sir,
You were Home Minister of this great country. But I am disappointed that you are NOT keeping track of the latest wiretapping technologies. It is not necessary now to get someone’s permission or Phone companies’ help to tap a telephone or a cell phone. Cell phones are tapped by wireless tapping technology available now. In fact, the Embassies in Delhi routinely wiretap all the important cell phones of our Politicians, the Bureaucrats, Business leaders etc. NTSO does that only. In fact, Media houses, business tycoons routinely tap opponents’ cell conversation. Nobody can stop this.
April 26th, 2010 at 9:59 am
If I am not wrong BJP allowed to pass it smoothly because didn’t want to repeat embarrassment like N-deal embarrassment in parliament.
Don’t worry similar bill was passed by Rajasthan State assembly providing 33% reservation to women in local body election and it was stayed by Rajasthan High Court on a request by petition, surprisingly Rajasthan is ruled by congress. So, congress will have to answer first to high court first on this 33% reservation, so till it happens this bill is useless in the eye of public domain.
April 26th, 2010 at 11:13 am
Sir,
It’s important that privacy of every citizen gets equal consideration not that when privacy of politician is under threat than only the issue becomes worthy of discussion in parliament. I would like to draw attention to every day news items where even for petty crimes police parrots tapped cell phone conversations in public. This shows that no phone call is spared and is being done casually by even junior officers. Every thing is being recorded. Who authorizes them ? And why media keeps mum rather glamorizes such episodes ? In civilized society if SECURITY is important, PRIVACY is no less important. There should be blanket ban on such activities. Courts should not take cognizance of tapped phone records.
April 26th, 2010 at 2:24 pm
DEAR SIR,
I AM FROM BHOPAL. I FEEL EMERGENCY IS NOT YET BACK BECAUSE : 1. STILL EVERYONE HAS FREEDOM OF SPEECH & 2. ALL OPPISITION PARTIES ARE FREE TO FUNCTION AND MOVE ABOUT ANY WHERE.
HOWEVER, TODAYS’S EMERGENCY LIKE SITUATION IS BECAUSE OF LACK OF WILL ON PART OF OPPOSITION PARTIES TO FIGHT FOR PEOPLE. PEOPLE DO NOT SUPPORT THEM OR OPPOSE THE GOVT ON ISSUES OF TAPPING ETC AS THE OPPOSITION PARTIES HAVE LOST THEIR CONFIDENCE.
April 26th, 2010 at 2:32 pm
Sir, your observation is very correct. It is time to remake the Indian Telegraph Act of 1885. Not only this one, but there are a lot of old ACTs (pre-independence) that we are still following. It is high time, a JPC is formed to check out the significance of most of the laws in the current context.
Technologically it is quite possible for any wireless communication to be easily tapped. Given enough money and time, anyone can intercept any signal and figure out the communication. So, a related question is, how to ensure that no person is capable of interception of private communication ?
In this context, I hope you would be pushing for a bill that clearly indicates the right to privacy, that also clearly establishes what is public; and another one that can clearly indicate the instances where the executive may restrict the right to privacy. There are umpteen number of examples in Europe, where the notion of privacy is elaborated.
April 26th, 2010 at 3:35 pm
The Indian intelligence are a funny lot. They make news for all the wrong reasons. They revel in frivolous things like tapping phones, but they fail in important tasks like gathering intelligence on impending terrorist strikes and giving the right information to Government. If the Indian intelligence agencies were capable and the Government had been successfull in collating and acting upon the intelligence reports, major terror strikes could have been averted.
April 26th, 2010 at 4:39 pm
Sir,
As every one knows congress government does not believe in democratic rights. Since power is with them, then why should they act as per democratic norms ? What have they done so far, in conformity of law ? Can they say why they were fumbling to give punnishments to those who killed our Ex primeminister Rajiv Gandhi ? Why did Priyanka meet Nalini in jail and what they discussed - all that has been kept a secret. Is this democratic way. No one can stop this, it seems ?
April 26th, 2010 at 5:20 pm
Respected Sir,
From the various facts and figures that you have placed in the blog, and which you have supported by relevant references of the past,it appears that the misuse of phone tapping technology has long been a part of Congress Government policy. I believe that there will be no harm if the phone tapping technology is used by Intelligence, Police or Security personnel for the purpose of crime investigation or proving someone’s complicity in any suversive activities. But there should be reasonable transparancy and adequate checks and balances to ensure that no one’s privacy could be invaded just on the name of investigation.
It was good to see the resolve and unity of almost entire opposition in the parliament on the “phone tapping” issue. The need is that this unity and resolve ultimately result in the formation of new legislation which will be relevant, transparent and effective as suggested by you in the last paragraph.
April 26th, 2010 at 6:26 pm
Sir,
If the phone tapping is what worries you, there are greater dimensions to the entire aspect. One should look at - NTRO an agency recommended to be set up by you could not grow over a period of time as it was envisaged - Why ? Is it that some hidden powers are trying to defame this organization which has adopted its own culture and does not work like a typical Intelligence agency. The agency has been battling on and off to even perform the task it is mandated to perform.
How is it that the RTIs sent out by one disgruntled ex-employee lists out the same aspects that are highlighted by the magazine. The same RTI seeker wanted to do a project with the agency worth 1100 crores using his own methods. He did not want a question to be asked on any front. This aspect needs to be looked at carefully to find hidden designs to fail this agency
April 26th, 2010 at 6:54 pm
you are the backbone of Indian politics….it may not strongly put its voice if you are not there…emergency in india is not back only in one dimension, but every aspect of disfunctional democracy is unearthed and we are living in a time of uncertainties where what is going to happen next is unpredictable.
Sir, we are voiceless but you are capable of raising the same on our part….Indian democratic traditions will never forget you….. wish you live with us forever…..
April 26th, 2010 at 7:08 pm
In my opinion BJP is not presenting issues of the country in an appealing way to the public. People are not realizing and not thinking about what to do if something happens in New Delhi. BJP should present issues in a smarter way and it should be more articulative. BJP should do research and support its claims based on it. Then people will think about the issue. BJP should drill it down the common man or woman in the street about how New Delhi decisions affect their lives. For example corruption by MCI director is affecting the Medical school admissions everywhere.
April 26th, 2010 at 8:22 pm
Sir,
Using IT in security can be considered as Venom of a snake. When used in the right dose in the form of MEDICINE with proper checks and balances, it strengthens the Democracy. If abused, leads to the peril of the same. So there is a great need to overhaul the existing acts and preserve balance between the fundamental rights of an individual and security of the state.
April 27th, 2010 at 12:20 am
Dear Advani ji,
Why BJP is silent on 2G Spectrum scam ? You have never mentioned the word Spectrum in Lok Sabha speaches for the past three years. Why BJP is soft on Raja ? Did anybody from BJP get their pound of flesh from Spectrum scam ? You should raise this isssue. Now recently UPA goverment has transfered the CBI DIG Vineet Agarwal, who headed the investigation. Please react.
April 29th, 2010 at 8:46 pm
Namaskar Aadvani ji,
I am a 24 year IT professional who is a proud product of RSS vidya mandir. I just want to say few things on why BJP lost the plot:
As you know if a person whom you expect to fail fails nothing happens but when a person whom you expect to top even gets a second grade, people start blaming him. The same is the case with BJP and Congress. People used to take BJP in high regard but when they see it doing the same thing (like supporting Mayawati,and now Shibu Soren) or having leaders who have criminal background, they start feeling hopeless and now they do not even bother about who is in power since for them, all are same.
Like congress your party also looks too much power hungry. It’s better to sit in opposition for your ideals than supporting or taking support to form a shady government like in Jharkhand (That was the same reason you lost UP which was once your strong hold). Please don’t support Shibu Soren again else you will lose many more voters like me forever.
Regards
Prabhat
May 1st, 2010 at 12:25 am
Advani ji,
I think congress is obfuscating the issue here.
Point 1 : Indian Intel setup, especially NTRO & RAW, is a closely governed establishment. And functions closely under the PM’s supervision, mostly via his NSA. Therefore any suggestion hinting at a rogue/ black operation is either naïve or plainly deceptive.
Point 2 : Also, the ease of tapping does not in anyway justify the tapping and political espionage in itself.
Point 3 : The media has done it’s job well in undermining the issue. This incident is most certainty comparable to Watergate scandal, and highlights the GOI’s intolerance of opposition, civil liberty and democracy.
Regards,
May 1st, 2010 at 11:25 am
Dear Sir,
I am a student but it bothers me when my country is blamed for something which is fake. I read all the great people’s comments here as a voice of new generation. What I feel about this particular issue of Phone-Tapping is that the use of this technology by our intelligence bureau is fair and right so long as it has been used for correct purpose such as “terrorism”.
If any political leader is found guilty of hobnobbing with terrorists or supporting them then he should well be targetted but phone records should be cause specific and should not focus on his/ her life. And even if the authorities have such records, they should keep it to themselves and should never disclose it to the media.
Today’s media is mostly playing fowl and is acting with crab mentality. They should be promoting the country and not show it in poor light just to get their publicity. Well I am may not have the required political acumen and may not understand the intricacies of politics but what I understand is that today’s politics is not favouring our citizens.
Aman Gaur,
Bhopal
May 1st, 2010 at 11:36 am
Dear Sir,
My first question to this will be : Since you knew all along that there is every chance your phones were being tapped, how many times did you protest vehemently about the same? Never, unless dragged into a debate from what I read. This is because you never had anything much to hide and the ones shouting out the loudest had the most to.
Making a mockery of the laws is what most politicians indulge in. But its nice to see them fighting against each other while doing so. This is a lot like the Tharoor-Modi encounter which has led to the fall of both the giants hence cleaning up the political class of its so called “New Gen” politicians.
May 2nd, 2010 at 2:06 am
Honourable Advaniji,
I am sorry to raise this issue on an incorrect blog however it does need a serious attention. In fact, it could be one of the most lethal weapons against the UPA Government.
The recent arrest of Ketan Desai (president of medical council of India) is actually indicating just the tip of the iceberg. Its around 3500 crore medical scam. The corrution in the MCI has not only generated ill trained post-graduate doctors but MCI’s protectionism for private medical colleges has prevented generation of sufficient number of postgraduate doctors in the country.. and IN FACT, THIS SCARCITY OF DOCTORS HAS KILLED MUCH MORE COUNTRYMEN THAN THOSE KILLED BY THE TERRORIST ATTACKS ON THE COUNTRY.
We all know its CONGRESS and its MINISTERS who own maximum number of private medical colleges in the country. The another name coming up is Dr Ved Prakash Mishra from MCI who is actually the faculty member in Sharad Pawar’s and Datta Meghe’s medical college in Sawangi, Wardha.
May 2nd, 2010 at 12:52 pm
Respected Advanji,
Please make a note of the article written by wirter Chethan Bhagat in todays edition of ‘SUNDAY TIMES’, titled “slitting your wrists with cut motions”. I suggest this article to you not because of the author’s reputataion as a successful novelist but for the substance of the article. I am 32 years of age and an active memeber of the party. I strongly feel the article would help you as a “MENTOR AND GUIDING FORCE” to revive the PARTY.
I also feel BJP should a make a serious bid to win UP elelctions since the UP chief minister and RAHUL GANDHI are on the same side now. BJP should seize upon the opportunity offered by both of them to emerge as an alternative to the BSP in UP. The fight to win back the confidence of the people of UP should start immedaitely !
REGARDS
PUNEETH KUMARR
BENGALURU
May 24th, 2010 at 12:34 am
respected sir,
It is to inform that I am a play writer and Director of The Sindhi drama.I have produced following Sindhi drama’s in the direction of Ashok Bulani of Bhopal(M.P).
1.Wari sandho kort
2.Raja Dahirsen
3.Shahid Hemu Kalani
4.Sant Sadhu Waswani,sant kanwar ram, sant hirdaram
and various comedy,historical,tragedic drama’s are played by us in M.P,Delhi also.
Now,we have to decided to write and play a tragic drama on your life narating your Book “Mera Jeevan Mera Desh”,so we are requesting you to permitt us for the same.
your sincerely
Advocate Lalchand Nathani
09826218939
November 1st, 2010 at 6:26 pm
…
Many thanks to the great submit. I’ll take the notes you have written….
November 19th, 2010 at 4:05 am
…
Yes! I agree what you say!…
November 22nd, 2010 at 10:44 pm
…
I saw this actually great post these days!…
July 31st, 2011 at 7:13 am
……
High quality info here!I really love the tactual sensations being carried .Interesting layout on your blog . I really enjoyed reading it and also I will be in the past to take more in the future.I also make a link back here……