Terrorist Information System (TIS) ... an useful tool in the hands of counter-terror agencies

http://t.co/pAou7aTl7P

Terror data portal to help agencies coordinate better

Vishwa Mohan,TNN | Mar 26, 2013, 03.29AM IST

NEW DELHI: A case like arrest of suspected terrorist Liyaqat Ali Shah, caught between claims and counter-claims made by two police organizations, may not be repeated in future. The Centre has launched its ambitious online Terrorist Information System (TIS) to aggregate states' terrorist data under a single platform, making it easier for one agency to know what the other is up to.

The Union home ministry, instrumental in getting the web platform activated, on Monday allotted user IDs and passwords to all states and NIA, asking them to feed the TIS portal with all details relating to terrorists and terror incidents.

"States are expected to upload all details within a fortnight so that each one of them can get details of any terror incident in the country with just a click of mouse or touch of mobile screen after logging onto the TIS website," said a senior home ministry official.

Login details will be available to anti-terror wings of all state\UT police and NIA. The TIS platform is devised in such a way that it can be opened by each agency using separate ID and password.

Details that can be uploaded on the website - designed, developed and hosted by National Informatics Centre (NIC) - include physical features, fingerprints and photograph of accused, brief case summary of terror incidents, status of appeal (in court), surrender application, if any, of terrorists and financial transactions among accused.

"States have been instructed to update the portal on daily basis, depending on development of the cases being investigated by them and fresh arrest\release of an accused\suspect," said an official.

It is believed that had this system been in place, it would have been easier for Delhi Police to know whether the suspected Hizbul Mujahideen (HM) terrorist, Liyaqat Ali Shah, had applied for his surrender with the Jammu & Kashmir Police two years ago. Delhi Police claimed that Shah had returned from Pakistan to carry out terror attacks in the national Capital, whereas its J&K counterpart contradicted it claiming the former HM militant had come to surrender before the state police.

Officials also felt that had the TIS been operational, the dreaded Indian Mujahideen (IM) terrorist — Yasin Bhatkal alias Ahmed Siddibappa — would not have been released by the Kolkata Police four years ago when he was arrested in connection with a fake currency note case. Kolkata Police could realize the mistake of treating him like a petty criminal only when they later got details about him from both NIA and Maharashtra Police.

The concept of TIS had gathered momentum when India had erroneously shared a list of 50 wanted terrorists with Pakistan claiming that all of them were suspected to be in the neighbouring country. Later, however, it found out that two of them were in India with one being released on bail.

India's faux pas was then attributed to the central agencies' inability to maintain an updated database comprising details of terrorists, terror incidents and terror funding...........................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JS00vMjAxMy8wMy8yNiNBcjAxMTAx&Mode=Gif&Locale=english-skin-custom

Civil Services (Main) Exam .... UPSC restores the status of regional languages

http://t.co/aHxEgKTVP5

Stung by row, UPSC allows regional language in Main exam without any 'condition'

Vishwa Mohan,TNN | Mar 22, 2013, 02.22AM IST

NEW DELHI: Succumbing to the pressure of those who were opposed to pro-English and pro-Hindi tilt of UPSC in civil services (Main) examination, the government on Thursday finally restored the status of other scheduled languages by bringing partial change in the March 5th notification allowing aspirants to take their test in any regional language.

Besides, aspirants can also opt for literature of any of the 22 eighth schedule languages and English as their optional subject even if they didn't study them during their undergraduate courses.

Under the fresh notification, the marks of English (100 marks as specified by March 5th notification) will also not be counted for making merit list of selected candidates for elite services like IAS, IFS, IPS and other central jobs. The English test paper (carrying 300 marks) will now just be 'qualifying' in nature like previous year exams.

The UPSC, however, increased the marks of essay paper from existing 200 to 250. The total marks in the Main exam will now be 1,750 - four papers of general studies (1,000), two papers of an optional subject (500) and essay (250).

Announcing the amendment to the commission's March 5 notification, minister of state for personnel, V Narayanasamy, said, "A candidate will be allowed to use any one regional language from the 8th Schedule of the Constitution of India or English as the medium of writing the examination as before. The conditionality of a minimum of 25 candidates in that medium and the requirement to have that language as the medium of examination at graduation level is proposed to be dropped".

As per the amendment, the English component (of 100 marks ) from the essay paper will also be dropped and the two qualifying papers of 300 marks each in any modern Indian language and in English — as in previous years — will be restored.

"The essay paper will now be of 250 marks to be written in the medium/language of candidate's choice," the minister said in Parliament.

He said the government had re-looked at some aspects (the language section) of the newly-notified pattern of the civil services (Main) exam in view of the concerns raised by the members in both Houses of Parliament.

Besides giving weight to the English language paper, the March 5th notification had carried the contentious provisions relating to regional languages, prohibiting candidates to opt for literature of any particular language as their optional subject if they didn't study it in their graduation course. Similarly, it also prohibited them to write their exam in a particular regional language if there are less than 25 candidates opting for that medium of instruction.

In that case, they would have to write their exam in either English or Hindi, which was vehemently opposed by many aspirants in non-Hindi speaking states.

The March 5th notification had also drawn severe criticism from chief ministers with a number of them, including Shivraj Singh Chauhan (Madhya Pradesh), J Jayalalithaa (Tamil Nadu) and Narendra Modi (Gujarat), writing to Prime Minister Manmohan Singh demanding withdrawal of the order.

None of the CMs or political parties, however, had opposed the notification for its non-language-related changes where it gives substantial weight to general studies papers in the revamped system...........http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JS00vMjAxMy8wMy8yMiNBcjAxMTAw&Mode=Gif&Locale=english-skin-custom

Post-encounter probe is quite a complex issue .... cops may want some legal cover before entering 'war' zone....Supreme Court has to strike a balance....after all, killing is killing ... whether it's done by a Maoist\Terrorist or a cop

http://t.co/f6zGgu3grC

Centre opposes HC order on filing of cases against security men for causing death

Vishwa Mohan,TNN | Mar 18, 2013, 04.34AM IST

NEW DELHI: The Centre has strongly objected to the four-year-old Andhra Pradesh high court verdict making it mandatory for registration of criminal cases against police personnel for causing death of any person during discharge of official duties, irrespective of the circumstances, and requested the Supreme Court to set aside the order.

In its affidavit, filed in the apex court last week, the home ministry said the HC order was "fraught with extremely serious portents and consequences to the very existence of India as a nation state".

Responding to a writ petition filed by the Andhra Pradesh Civil Liberties Committee (APCLC), the HC had on February 6, 2009 directed that where a police officer causes death of a person, acting or purporting to act in discharge of official duties or in self-defence as the case may be, an FIR to such circumstances may be registered and investigated.

The Andhra Pradesh Police Officers Association had challenged the HC order in the Supreme Court, which stayed it in March 2009.

Under current practice, a magisterial inquiry is conducted to determine the circumstances of the death. Action against police/security personnel involved is taken if the magisterial inquiry establishes wrongdoing on their part. But if the Andhra HC judgment comes into effect, an investigation by an independent agency will be conducted alongside the magisterial inquiry.

As the apex court wanted to hear the Centre's views on the matter, the home ministry gave its response last week and listed specific cases and circumstances where police had to fire upon Maoists, terrorists or insurgents to save lives and protect public property. It said, "There cannot be a universal principle guiding all exchanges of fire and treating them as criminal offence for determination by the courts."

Citing incidents like the one in Dantewada in Chhattisgarh in April 2010 when 75 CRPF personnel were killed in an ambush by CPI (Maoist), the ministry said the HC order, under such circumstances, would destroy the "sovereign edifice of the state and provide free run to gun-wielding non-state actors, who can hold society and the state to ransom".

The ministry argued that if the principle laid down by the HC was accepted, even 26/11 convict Ajmal Kasab (who was hanged to death in November last year) would have had the statutory right after his arrest to get a criminal case registered against NSG officials and state police personnel who would have had to eventually defend their cases in their private capacities.

"If the judgment of the high court comes to be universally applied in all cases of exchanges of fire resulting in death of an insurgent or a militant, the natural reaction of all security force personnel would be to disengage and retreat, to avoid a prolonged criminal investigation and trial in their private capacities," the ministry said.

Making it clear that the home ministry did not condone extra-judicial killings by members of security forces under any circumstances, it told the apex court that "such aberrations by the security forces can be and are being addressed on a case to case basis under the existing legal framework and principles"........................................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDEzLzAzLzE4I0FyMDE1MDA=&Mode=Gif&Locale=english-skin-custom

J&K terror incident ---- tough days for votaries of peace ....

http://t.co/Ofp1Smu1DC

Fidayeen attack in Srinagar: Diaries, made in Pak ointment found on killed terrorists

Vishwa Mohan,TNN | Mar 15, 2013, 03.14AM IST

NEW DELHI: A day after the government indicated Pakistani footprints in the Srinagar attack, home minister Sushilkumar Shinde on Thursday listed the reasons which prompted security agencies to point to foreign origin of the killed terrorists.

Shinde, while making a statement over the incident in Parliament, said items like diaries carrying telephone numbers and a Pakistan-made tube of skin ointment found on the terrorists indicated that they were of 'foreign' origin.

He said, "Investigations reveal that this tube (Betnovate skin ointment) was manufactured in Glaxo Smithkline Pak Ltd at 35 Dockyard, Karachi. The name of the tube was mentioned in Urdu and the numbers mentioned in the diaries appear to be of Pakistani origin."

Emphasizing that the terrorists were suicide attackers, the home minister said, "Their bodies were shaven which confirms them to be fidayeen" - pointing to the practice among such terrorists who shave their bodies after leaving their family for the assigned mission.

Officials in security agencies explained that bodies of all the 'fidayeen' in the past were found to be shaven. "It may just be a coincidence, but past findings point to this practice", said an official, adding the 'shaven' body could just be a pointer.

Hours after the incident on Wednesday, home secretary R K Singh had said that agencies had inputs that four terrorists had entered. "So, we were alert... These two terrorists have been killed. There might be two more (terrorists) who are out," he had said.

Even the home minister on Thursday said the government "knew there will be such attempts" after the execution of Mumbai terror attack convict Ajmal Kasab and Parliament attack convict Afzal Guru.

Shinde made the statement after sharp criticism by opposition members who said the government had repeatedly failed in preventing terror incidents as well in dealing with Pakistan from where it originates.

"The killed terrorists are suspected to be of foreign origin," he said about the incident in Lok Sabha. However when pressed in the Rajya Sabha for clarifications, Shinde said he did not say that the terrorists were Pakistanis and only mentioned them as foreigners.

"The killed terrorists are suspected to be of foreign origin...Although the responsibility for the incident was owned by an agent of Hizb-ul-Mujahideen, the authenticity of the claim is yet to be ascertained," Shinde said.

He disagreed with contentions that the situation on the terror front in the Valley has turned from bad to worse saying there has been decline in the number of terror incidents as well as infiltration incidents in Jammu and Kashmir in the last few years.

"We are focusing on PoK and we are keeping a watch on the camps there. We are very vigilant. Our intelligence agencies are very serious," Shinde said..........http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JS00vMjAxMy8wMy8xNSNBcjAxMDAz&Mode=Gif&Locale=english-skin-custom

J&K terror attack ...... Is this a beginning to spoil the last year's gain over peace process?

http://t.co/9tmIuEUqJ9

Attack on CRPF camp in J&K: Govt sees Pak hand, points finger at LeT

Vishwa Mohan & Deeptiman Tiwary, TNN | Mar 14, 2013, 06.59AM IST

NEW DELHI: Parliament House attack case convict Afzal Guru's hanging appears to have given a new lease of life to terror in the Valley. Attack on a CRPF camp in Bemina area of Srinagar is a sign of Pakistan-based terror groups' successful attempt to carry out attacks taking advantage of the surcharged atmosphere.

The attack on Wednesday was carried out despite the forces being on alert. The four terrorists, who sneaked in from across the border, could not have timed it better when the Valley has been observing a series of public protests — first against Guru's hanging and later while pitching for handing over the body of the Parliament House attack convict.

Though the 'exact' identity of the 'fidayeen' (suicide attackers) could not be immediately known, the government agencies pointed their fingers at Pakistan-based terror group Lashkar-e-Taiba (LeT) — based on electronic chatters and other intelligence inputs.

The officials also out-rightly rejected the initial claims where someone tried to pop up Hizbul Mujahideen's name for the attack. Though the Kashmir-based outfit later denied its role, officials said the earlier claim was deliberately made by some group to mask LeT's hand.

Hours after the incident, Union home secretary R K Singh said, "Prima facie the terrorists don't appear to be local but from across the border and first impressions are that they were possibly from Pakistan".

Emphasizing that the government had inputs, Singh said, "We had inputs that four terrorists have entered. So we were alert...These two terrorists have been killed. There might be two more (terrorists) who are out".

Security agencies said that there had been a number of intercepts, pointing at Pakistan-based terrorist groups' frustration of not carrying out something big for long. Atmosphere in the Valley post-Guru's hanging had been referred to a number of times after February 9 when the Parliament House attack case convict was hanged inside Tihar Central Jail here.

Such an attack just before beginning of the tourist season certainly causes alarm. The past two seasons had seen quite a high number of tourists visiting the Valley, showing a sign of normalcy — something which did not go down well among the terrorists groups. Even though Valley has remained relatively quiet in the recent years, infiltration of militants has been on the rise. In fact, it was more than double in 2012 as compared to 2011.....................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMy8wMy8xNCNBcjAxMjAw&Mode=Gif&Locale=english-skin-custom

AND

http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMy8wMy8xNCNBcjAxMjAx&Mode=Gif&Locale=english-skin-custom

AFSPA .... civilians are forced to live with this draconian provision

http://t.co/jX6yXGK4lE

Now, AFSPA may not be scrapped

Vishwa Mohan,TNN | Mar 14, 2013, 05.47AM IST

NEW DELHI: Killing of five CRPF personnel by Pakistani terrorists in a 'fidayeen' attack in Srinagar may put the demand for withdrawal of the controversial Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir on back burner.

Though the security agencies and armed forces had never been in favour of withdrawal of this Act which provides them 'special' powers of arrest , search and seizure in 'disturbed areas' , the Wednesday's incident will give the Centre—specifically the defence ministry—a handle to snub the proponents of such demand at this juncture.

Even the proposal to partially withdraw the AFSPA from certain peaceful districts may go to deep freeze. Incidentally , Srinagar is one of the districts which has been identified for 'partial' withdrawal of this controversial act which gives certain protection to security forces while fighting militancy.

The other districts in this category include Budgam, Jammu and Samba where the J&K government had planned to revoke the Disturbed Areas Act, a prelude to automatic revocation of the AFSPA. Both the Centre and the CM Omar Abdullah had last year pitched for 'partial' withdrawal of the Act. But, the defence ministry had shot this down following the opposition to it from the Army.................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMy8wMy8xNCNBcjAxMjA3&Mode=Gif&Locale=english-skin-custom

New law in making .. expect a better draft post discussion

http://t.co/p4nVu824sl

Group of ministers to tighten anti-rape law

Vishwa Mohan & Himanshi Dhawan,TNN | Mar 13, 2013, 01.53AM IST

NEW DELHI: The government is redrafting the anti-rape law following serious concerns raised by Cabinet members that the proposed legislation was loosely-worded and open to misuse, and did not account for new social realities of a growing women workforce and inadequacies of law enforcing agencies.

The criminal law amendment bill was urgently referred to a group of ministers after objections were raised at Tuesday morning's Cabinet meeting over the formulation of offences dealing with voyeurism, sexual harassment, stalking, unwelcome physical contact and abuse of positions of authority. There was also growing concern that the age of consent - irrespective of whether it is pegged at 16 or 18 years - may face opposition on the ground that it was at odds with Muslim personal law.

The GoM met for two hours in the evening and has begun to frame the changes that will be debated again on Wednesday.

The amended bill is to be considered afresh by the Cabinet on Thursday and then placed before an all-party meeting called for March 18 as the government scrambles to seek wide ranging consensus on the proposed law that is intended to replace the post-Nirbhaya ordinance defining a range of sexual offences and tough sentences.

Discussions in the GoM appeared to veer towards lowering age of consent to 16 years from 18 and tightening the definition of rape to make it a gender specific crime where the victim is female. Minister for women and child development Krishna Tirath has voiced objections to lowering the age of consent, but it is felt offences against minors can be addressed by a separate law.

Official sources said the provisions of the law could be misused to harass and settle scores and a far from efficient and accountable criminal justice system may be given sweeping powers. It was also felt safeguards were needed to balance the onus of innocence resting too strongly on a male accused.

Sensing that the rethink on provisions of the ordinance will expose the government to attacks from women's activists and political opponents, the government has called an all-party meeting on March 18. The government is cutting things fine as it must pass the bill before the budget session goes into a break on March 22.

If the bill passes muster with the opposition, it will be introduced in Parliament latest by March 20 - giving members of both Houses three days to discuss and pass it before Parliament adjourns for a month-long recess. The government cannot be certain that the main opposition BJP will be ready to bail it out by agreeing to the bill's urgent passage.

Sharp differences have arisen within the government over lowering the age of consent to 16 years, making definition of rape gender-specific and graded punishment for other crimes like voyeurism and stalking after it was felt the bill's current form makes it an odd fit for India's many layered society still strongly influenced by conservative and feudal elements.

This is the second time that lack of consensus in the government has forced it to defer the anti-rape law in six days. Last Thursday, the bill was not brought on agenda so that rough edges could be smoothed out, but the efforts were clearly inadequate as a GoM was set up.

Speaking after the GoM meeting, finance minister P Chidambaram said, "Now we have completed the work substantially. I think we will require another hour or so. Sections that we have covered, all points of view have been taken into account and reconciled and the final version has emerged and we can do that for the remaining sections also and tomorrow the work will be complete."

At Tuesday's Cabinet meeting, some ministers pitched for adequate safeguards with regard to provisions on stalking to check false complaints. It is understood that all ministers with a law background - external affairs minister Salman Khurshid, telecom minister Kapil Sibal, law minister Ashwini Kumar, information and broadcasting minister Manish Tewari and Chidambaram pointed to various infirmities in the bill.

A view emerged at the Cabinet meeting that the bill might not make it through Parliament in its present form as it would invite the opposition of several sections. There was concern that provisions dealing to specifying age of consent might rub conservative Muslim opinion the wrong way as attaining puberty is seen by some interpretations of religious law as the relevant factor.

The sense emerging from the Cabinet deliberations was that the bill seemed like an artificial graft imposing "Scandinavian liberalism" on a feudal society. The tough definitions do take into account contemporary Indian reality of a growing women workforce and the far from settled dynamics this has resulted in. There were concerns that the radical provisions left in the hands of law enforcement agencies were prone to misuse as well.

However, the government's two steps forward, one back attitude does create an impression of ambivalence and lack of clear political vision. The government can be danger of losing the credibility it sought to gain by coming across as being committed to tough laws on crime against women.

There were also differing views on the provisions regarding voyeurism, which is proposed to be made criminal offence, and lowering of age of consensual sex to 16 years from the current 18 years. Tirath is strongly in favour of keeping the age of consent at 18 years.

The stand is reflected in the Protection of Children against Sexual Offences (POCSO) that was passed by Parliament last year. In fact, Tirath had written to the PM expressing dissatisfaction at not being consulted on the anti-rape law despite the fact that it was an issue concerning women's welfare that her ministry is mandated with.

While Tirath is keen to continue with 18 years as the age of consent, a significant section of the Cabinet is of the view that this should be lowered to 16 years keeping in view the contemporary reality of greater sexual awareness and increasing sexual activity among teenagers.

On the issue of stalking and voyeurism, some ministers are of the view that the provisions were "prone to misuse" and should only be incorporated after putting in place sufficient safeguards, including harsh penalty for lodging false cases.

There are also differences on some other issues like replacing the term "rape" — which is more gender specific — with "sexual assault" — which is gender neutral. Some ministers were of the view that the law should be made gender specific so that the accused can only be a man but the victim can be both boys and girls. The GoM were of the view that the issue of rape and sexual offences against boys could be dealt with under POCSO.

The new area of concern was about the new anti-rape law being in conflict with the codes of Muslim Personal Law that allows a girl to be married after she reaches puberty. While this is already in violation of the prohibition of child marriage act, some members of the GoM felt that bringing in a new law that was in violation of the Muslim personal law could stir up a hornet's nest.

Home Minister Sushilkumar Shinde, whose ministry is piloting the Bill, expressed confidence that the legislation will be passed by March 22. Despite platitudes the government is aware that the issue has become a political hot potato. Some parties like the Samajwadi Party have serious reservations on certain provisions of the ordinance claiming they are prone to misuse.

The Criminal Laws Ordinance, which made anti-rape laws more stringent, was promulgated on February 3 in the wake of public outrage over the December 16 Delhi gang rape. The Ordinance has to be approved by Parliament before its month-long recess from March 22, failing which it would lapse on April 4...................................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTMvMDMvMTMjQXIwMDMwMQ==&Mode=Gif&Locale=english-skin-custom