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Background- Cantonments & Military Stations in India

Cantonments derive their name from Swiss Cantons, or districts and were set up by the British in India for entirely different reasons. When the British troops arrived in India, they fell sick very often due to malaria, dysentery and other infectious and waterborne diseases. These diseases also took a toll on Indian troops. Thus it was decided to create Army cantonments well away from cities, often in the wilderness, at the very outskirts of city limits. The additional advantage of such a move was that parades, training and marches with horse’s, mules etc would not inconvenience the local population. It also helped in keeping the native soldiers isolated from the local developments, thereby ensuring their apolitical character.

It is to the credit of the Army that these outlying areas where they were shunted away, became islands of excellence and oasis of greenery; the modern equivalent of smart cities. Today, they are the lungs and biodiversity havens of most cities.

The first cantonment was established in Barrackpore in 1765 and the last one created recently was Ajmer. There are a total of 62 cantonments, mostly in Central and Western Command. These are distinct from military stations which number about 2000 and are exclusive for the army. The current order on road opening thankfully does not apply to military stations.

The Army is fully considerate of the needs of the Nation and has not only allowed access to cantonments but also given away prime defence land for public good. The Delhi metro link from Dhaula Kuan in New Delhi going to the airport is entirely built on defence land given by the army. So is the Dwarka flyover coming to Palam and beyond. The new road to airport in Hyderabad and Chennai has been given access through defence land. Cantonments have also parted with hundreds of acres of land to expand airports in places like Gwalior and many more.

The imbroglio

While Cantonment roads leading to civilian areas have always been open to public, however, internal roads where military units, installations & HQ are located cannot be declared public roads & thrown open to everyone without ensuring mandatory security checks.

Military areas of Cantonments have been defined as Prohibited areas & are not under cCantonments Board

Administration of Defence Land in Military Cantonments is governed by the Cantonment Land Administration Rules (CLAR) 1937. These have been notified by Govt on the authority of powers conferred upon it underCantonments Act. Though the Cantonments Act 2006 has now replaced earlier Cantonments Act 1924, the CLAR have remained unchanged. Section 4 of CLAR defines Classification of Cantonment Lands. Class A & B Lands which are required for Military purposes are not vested with Cantonment Boards. Cantonment Boards are vested with Class C Lands which mainly comprise of civilian areas/ non-military areas. Hence, Cantonment Boards govern only those areas of Cantonment which are located on Class C Lands.

Classification of Cantonment lands as per CLA Rules 1937
Classification of Cantonment lands as per CLA Rules 1937

On the other hand, Class A & B Lands are governed by Military Authorities in accordance with provisions contained in Officials Secrets Act & Defence Services Regulations. As per Section 2(8)(a) of Official Secrets Act 1923, all Military areas/ establishments fall under the category of Prohibited places.

Prohibited place according to Official Secrets Act
Prohibited place according to Official Secrets Act

Trespassing/entering into Prohibited areas without valid Identity & Purpose is a criminal offence under Section 3 & 5 of Officials Secrets Act. It is punishable under CrPC, as clarified in Section 12 of OS Act.

Armed Forces are empowered under Officials Secrets Act 1923

Armed Forces personnel have been empowered under Sections 7& 8 of OS Act 1923 to implement the security provisions in Military areas as applicable to Prohibited areas. Interfering with members of Armed Forces while implementing provisions of Officials Secret Act is a punishable offence under Section 7 & 8 of said Act.

Procedure to be adopted for Security of Military areas/establishments/ installations

Procedure to be adopted by Armed Forces personnel for ensuring security of military areas/ installations has been prescribed by Govt in Paras 1160, 1161 & Appendix AD of Defence Services Regulations 1987 (Revised). Armed Forces are empowered to establish check posts, barriers etc & ascertain identity of visitors before allowing them entry into military areas of Cantonments. Relevant extracts from DSR are placed below.

Court Judgements upholding authority of Armed Forces over military areas of Cantonments

The legal validity of CLAR 1937, inapplicability of Cantonments Board Act 2006 over military areas, applicability of Officials Secrets Act 1923 over military areas & the applicability of authority of Armed Forces over military areas of Cantonments has been unambiguously upheld by a Bench of Andhra Pradesh High Court in its Judgement dated 26 September 2014. AP High Court had ruled on a collection of writ petitions and PILs against the closure of the 14 roads in Secunderabad Cantonment mentioned by the Defence Minister. Dismissing all the petitions, the Hon’ble High Court had ruled that these closures were valid and within defined powers of the Military authorities. On the other hand, it took cognisance of the fact that petitioners wanted to use these roads “for convenience or because of their better motorability”, a matter that “required immediate attention of the civilian authorities” who should “take expeditious steps to improve the alternate roads so that ordinary people are not subject to any inconvenience.” It further stated that “the army authorities have imposed restrictions in a phased manner and such decision cannot be held as one made in an arbitrary manner.” Since the Cantonment Act of 2006 is cited in above judgement, it is clear that the ruling did not consider any irregularity vis a vis the same. It’s on the strength of this Judgement that the 14 roads had been closed in Secunderabad despite orders by MoD.

Illegal settlements/ colonies/ structures adjacent to military installations

As per Section 7 of Works of Defence Act 1903, constructions are prohibited upto a specified distance from perimeter of notified Defence installations for security considerations. However, over the years, a huge number of illegal settlements/ structures have come up in notified areas. Though the Cantonments were originally set up away from habitation, these have now become prime locations due to growth of towns/ cities around them. Many of the illegal settlements/ structures belong to politically influential people. The case in point is ongoing construction of illegal structure on the land acquired by ruling Party leader in Nagrota in J&K next to ammunition dump, despite objections by Army.

Encroachment of Defence Land

Presently over 11,000 acres of Defence Land is under illegal encroachments. Total value of encroached land runs in thousands of crores of rupees. Most of these encroachers have links with political parties/ political personalities. State wise details of encroachments as informed to Parliament in August 2014 are given below:-

Illegal occupation/ conversion of Grand Old Bungalows (OGB)

There are 2724 OGBs whose lease period has already expired. The lease holders were barred from carrying out any additions/alterations/conversions. However, most of these have been converted into commercial establishments, hotels, including shopping malls. Most of these have changed many hands and are presently in the hands of influential political/ business personalities. Despite Hon’ble SC ruling in May 2014 clearing all legal hurdles for reclaiming all OGBs, officials with vested interests in Govt have not allowed taking over of these Bungalows till date. Resumption sanction has been accorded only in 660 cases, of which only 508 have been physically Resumed till date.

Loss of Revenue due to Non Renewal of Lease

There are number of Govt properties on Defence land which are on lease for commercial/ recreational/ residential purposes. The lease deed of these properties has not been renewed for decades deliberately by DGDE Officials. In addition, there are numerous properties which are without any lease agreement. All this has been resulting in huge annual revenue loss to Govt, running in thousands of crores. In Delhi alone, this loss amounts to hundreds of crores annually.

Who is Responsible for Encroachments, Loss of Revenue & Gross Mismanagement of Defence Land & Defence Properties

Over 99% of cases of encroachments, loss of revenue & mismanagement of Defence Land pertains to Class B/ C Lands. As per CLAR 1937 & Cantonments Board Act 2006, DG Defence Estates (DGDE) is responsible for management of these Lands/ properties. Encroachments & Mismanagement of Defence Lands has been well documented in annual CAG Reports. However, encroachments & mismanagement cases have only been increasing with each passing year. Relevant Extracts from CAG Reports are placed below.

How serious is the nexus between DGDE, MoD Officials & Encroachers

Unable to control encroachments, Controller General of Defence Accounts (CGDA) was tasked in 2010 to carry out a systems study & detailed analysis of management of Defence Lands. CGDA in its Report concluded that there is deep nexus between DGDE Officials and encroachers & that this nexus has become so entrenched that it is not possible to break free. It has resulted in systematic loot of Govt land. It found DGDE failing in all four of its functions- audit, accounting, acquisition & financial management. Hence, CGDA recommended for disbandment of DGDE & prosecution of its officials.

Events leading to current illegal orders by MoD

While CGDA recommended prosecution of DGDE officials & disbandment of DGDE in 2010, nothing actually happened on ground due to their nexus with MoD officials. As a result, encroachments kept increasing & Govt coffers kept bleeding of its revenue. In May 2014, Hon’ble SC delivered a historic judgement related to Old Grand Bungalows, paving way for Govt to reclaim all 2724 OGBs. The present occupants of these Bungalows include MPs, MLAs (from all parties), civil servants & prominent businessmen. In Sep 2014, Hon’ble High Court of Andhra Pradesh delivered another Judgement, clarifying that jurisdiction of Cantonment Board does not extent to military areas of Cantonments & that LMA is empowered to close roads in military areas. The Court directed State Govt to provide alternate roads to civil population. In the same year the issue of encroachment of Defence Land was raised in Parliament. In a written reply to Lok Sabha MP Poonam Mahajan in August 2014, then Defence Minister Arun Jaitley admitted that around 11,455 acres of defence land had been encroached. Following these reports, Common Cause, an NGO based out of Delhi, along with Centre for Public Interest Litigation (CPIL), filed a petition in the Supreme Court concerning the unauthorised use and encroachment of defence land. The petition alleged that “crass mismanagement of Defence lands is intrinsically linked to irregularities, illegalities and corruption”. The petition relied heavily on CAG reports, and is still sub judice. The last order passed by the Court was on August 25, 2017.

Hidden Agenda behind Opening of Internal Cantonment Roads

Instead of implementing the SC Judgement for reclaiming OGBs & AP High Court Judgement for creating alternate routes, the local MPs of Cantonment areas built an alliance of interest with local representatives of areas adjoining the 62 cantonments. This group seems to have started the whole discussion de novo once Ms Sitharaman was appointed the Defence Minister. She & her husband are known to own residential & commercial properties around Hyderabad-Secunderabad Cantonments.

The Local Military Authorities (LMAs) have been regularly raising these issues. The market value of encroached land & properties runs in hundreds of thousands of crores of rupees. However, corruption is so deep rooted in Defence Estates & MoD that, instead of implementing Court Judgements, these Officials by using their powerful nexus have now been able to force the Govt to give them overriding powers thereby making the LMAs irrelevant. Unrestricted opening of Cantonments roads is one such decision pushed by these Officials at the behest of encroachers & illegal occupiers of Defence land & Defence properties to facilitate their consolidation. National security considerations matter least to these looters of Govt land. This is likely to further facilitate encroachments & consolidation illegally occupied properties. See the details of parleys held by RM with these eople without involvement of Military Authorities.

Illegality of Orders by RM

The Orders by RM are in contravention to provisions of Official Secrets Act, Cantonments Act, CLAR & Defence Services Regulations. Not only do these instructions completely ignore the AP High Court Judgement of September 2014 and subsequent deliberations and the decision by her predecessor Mr Parrrikar, but also subsume the powers of the GOC-in-C to be the final authority for closing any roads as laid down in the Act of 2006. RM had repeatedly quoted provisions of Cantonments Act which are not applicable to military areas of Cantonments. The instructions by RM for unconditional opening of all Cantonment roads quoting inapplicable Section of Cantonments Act clearly amounts to contempt of court. These have far reaching adverse implications not only on Cantonment Security but also on attempts to control encroachment of Govt land. AF pers have been performing their bonafide military duty when controlling entry into military areas for last so many decades. Placing of of check posts/ barriers etc & ascertaining of identity of visitors is part of prescribed procedures.
The instructions by RM have been issued after consultations with DGDE officials, MoD Officials & local area representatives, who have vested interests in opening of Cantonment

Roads. Whether she was misled or she has been deliberately misleading the Nation remains to be seen.

This post is republished in public interest from the Cobrapost website, which appears to be having trouble.

Cobrapost exposes more than two dozen media houses, including some prima donnas of India’s holy Fourth Estate, where they all show their underbelly in its most visceral form.

New Delhi: In the second part of Operation 136, Cobrapost has exposed owners and high-ranking personnel of more than two dozen media houses, both mainstream and regional, the biggest ones and the smaller ones, the oldest ones and the newer ones. ‘Operation 136: Part II,’ in fact, shows Indian media’s underbelly in its most visceral form, where even the “big daddies” do not mind agreeing to undertake a campaign that has the potential to not only cause communal disharmony among citizens but also tilt the electoral outcome in favour of a particular party. This they will do if they are paid the right price, and sometimes they have no compunctions to quote a price as high as Rs. 1000 crore, as did the Times Group owner Vineet Jain, while others showed a propensity to indulge in any kind of illegality bordering on criminality.

The media houses agreeing to run the campaign are Times of India, India Today, Hindustan Times, Zee News, Network 18, Star India, ABP News, Dainik Jagaran, Radio One, Red FM, Lokmat, ABN Andhra Jyothy, TV5, Dinamalar, Big FM, K News, India Voice, The New Indian Express, MVTV and Open magazine.

We have received an exparte stay order from the honourable Delhi High Court on the evening of 24th May, 2018, which debars us from including the Dainik Bhaskar Group in our investigation. The honourable High Court has passed the injunction in favour of Dainik Bhaskar without hearing our side of the case, and we shall consequently be challenging the court order in the interest of truth and justice.

Senior Investigative Journalist Pushp Sharma used the same cover and the same ruse! Wearing the garb of a seasoned Pracharak, Sharma adopted malleable identities which he used according to the situation at hand. He first used his association with an Ujjain-based ashram, claiming himself to have been schooled at Jhunjhunu, Rajasthan, to have studied in IIT Delhi and IIM Bangalore, settled in Australia and to have been running his e-gaming company out of Scotland. Sometimes, he claimed to be the head of the Madhya Pradesh unit of Om Prakash Rajbhar’s outfit, Suheldev Bharatiya Samaj Party, charged with party affairs in Karnataka, Maharashtra and the Northeast. At times, the journalist used all his assumed identities in a single meeting. As the investigation evolved to take on a pan-India character, he assumed the identity of a representative of a fictitious religious organization, Shrimad Bhagwad Gita Prachar Samiti, purportedly on a mission, a gupt vyavastha (secret arrangement), at the behest of the “Sangathan” to bolster the prospects of the party in power in coming elections.

The journalist approached these media houses with his hideous proposition. As he offered them a fortune in return, Cobrapost saw them all crumble under the weight of a “big business opportunity” that was knocking on their doors without asking. Almost all bent themselves backward to grab this opportunity. However, there were two notable exceptions, Bartaman Patrika and the Dainik Sambad, which refused to play ball. No amount of cajoling or inducements could bring them around.

While meeting the owners and senior-most personnel of these media houses, Sharma asked them to run a media campaign on his behalf. While offering them a big fortune in terms of ad spend, which ranged anything between few crore rupees and Rs. 500 crore, he spread wide before them these essential ingredients of his agenda:

In the initial phase, the first three months, promote Hindutva through customized religious programmes to create a congenial atmosphere.
Then, the campaign will be geared up to polarize the electorate on communal lines by promoting speeches of Hindutva hardliners, the likes of Vinay Katiyar, Uma Bharti and Mohan Bhagwat, among others.
As elections approach, the campaign will target opposition leaders, namely, Rahul Gandhi, Mayawati and Akhilesh Yadav, caricaturing them using less than dignified language like Pappu, Bua and Babua, respectively, for them, in order to show them in poor light before the electorate.
They will have to run this campaign on all platforms – print, electronic, radio or digital including, e-news portals, web sites and social media such as Facebook and Twitter.

Negotiating hard, in what you can say was a value-for-money deal, the journalist drove home all these points as they all spread a red carpet for him. The interactions that the senior journalist had with all these media houses during the course of Operation: Part II can be summed up as follows:

They agreed to promote Hindutva in the garb of spiritualism and religious discourse.
They agreed to publish content with potential to polarize the electorate along communal lines.
They concurred to besmirch or thrash political rivals of the party in power by posting or publishing defamatory content about them.
Many of them were ready to accept unaccounted cash, in other words, for the job to be assigned to them.
Some of them agreed to route cash through a third-party agency to turn it into white, even suggesting hawala routes such as Angadiyas.
Some of the owners or important functionaries admitted that they were either associated with the RSS or they were pro-Hindutva and would thus be happy to work on the campaign, forgetting the cardinal principle of journalism: neutrality.
Some of them agreed to plant stories in favour of the party in power in their publications, while others were ready to unleash their investigative teams to rake muck on opposition leaders.
Many of them agreed to develop and carry advertorials especially for this purpose.
Many of them agreed to develop content for this invidious campaign by employing their own creative team.
Almost all agreed to run this campaign on their platforms – print, electronic, FM radio or digital in its various avatars such as e-news portal, e-paper or social media such as Facebook and Twitter.
Some of them even agreed to run down Union ministers Arun Jaitley, Manoj Sinha, Maneka Gandhi and her son Varun Gandhi, among others.
Some of them also agreed to run stories against leaders of BJP alliance partners, like Anupriya Patel, Om Prakash Rajbhar and Upendra Kushwaha.
Some of them even agreed to paint agitating farmers as Maoists in their stories.
Many of them agreed to create and promote such content as would aim for the “character assassination” of leaders like Rahul Gandhi.
Many of them are ready to run the content in such manner as would not look like paid for.
Almost all FM radio stations agreed to allow their customer to monopolize their free air time.
Many FM radio stations also agreed to use RJ mentions to promote the agenda: Hindutva and character assassination of rivals.

Operation 136: Part II is unique in the sense that it not only has exposed all these media houses but has also brought to the fore the fact that in a technology-driven age an agenda can find a mobile app a very effective medium to reach out to millions of users. Our expose of Paytm does exactly that. It brings home the point that one does not need an elaborate arrangement of the conventional media such TV channels or newspapers. A simple mobile app can achieve what the conventional platforms cannot: it can deliver the message with a blink of an eye. In fact, our interaction with top Paytm honchos is quite revealing in many respects, for it not only shows the company’s affinity to both the BJP government and its ideological fountainhead RSS, but also shows that users’ data can be compromised.

As India has slipped two paces to 138 from its position of 136, as this investigation was underway, in World Press Freedom Index (https://rsf.org/en/ranking#), Operation 136 has found that most of the media houses are either owned by politicians themselves, particularly the regional ones, or patronized by politicians, and it is natural for them to become their masters’ voice. It was high time we coined a new phrase to define this journalism as crony journalism a la crony capitalism. For instance, ABN Andhra Jyothy, a prominent Telugu TV news channel is patronized by TDP supremo Chandrababu Naidu. It is no surprise if we hear its Chief Marketing Manager E.V. Seshidhar say: “We have very good connects with TDP … We have do [sic] lot of what do you call we have main official what do you call for AP government Andhra Pradesh government, we have official event telecaster rights for Andhra Pradesh government.” While this connect goes beyond the TDP, to include the BJP and other outfits, Seshidhar even goes to say that their newspaper Andhra Jyothy holds so much sway that they could influence the outcome of the Karnataka elections.

On the other hand, Lakshmipathy Adimoolam, the owner of the 70-year-old prominent Tamil daily published from Chennai, wears his family allegiance to the Sangh Brotherhood on his sleeve. We are, therefore, least surprised to hear him say that he has imported especially designed software which could help in the promotion of Brand Modi: “You have newsletters … sent to … brochures, leaflets sent to party workers … say there is Modiji’s picture is there, just move your camera over here … it gives audio of Modiji.”

It was not that Cobrapost has exposed only those high ranking-personnel whose business is to negotiate a deal and bring business to the organization they are working for. In the course of this investigation, Cobrapost found some senior journalists, who have now donned the mantle of owners or CEOs, genuflecting before their big-ticket client and happily agreeing to work for his agenda. One such senior journalist was Purushottam Vaishnav who is working for Zee Media as its CEO Regional News Channels. Agreeing to run down political rivals by unleashing their SIT on them, Purushottam said: “Content mein jo aapki taraf se input aayega wo absorb ho jayega … humare taraf se jo content generate hoga investigative journalism humlog karte hain karwa denge jitna hum logon ne kya hai utna kisi ne nahi kiya hoga wo humlog karenge (Whatever input you will send in the form of content that will be absorbed … the content we will generate … we have been doing investigative journalism, we will do it for you. [Compared to Zee] None of the channels has done so many … we will do that).”

In fact, our investigation establishes the fact that the RSS, and as a corollary, Hindutva, has made deep inroads into not only the newsrooms but also the boardrooms of Indian media houses where even owners either blatantly admit their allegiance to the party in power and its parent organization or are eager to have an association with them. For instance, Big FM Sr. Business Partner Amit Choudhary admits to the relationship between the company that owns Big FM and the party in power in no uncertain terms: “Waise bhi Reliance BJP ka supporter hee hai (Anyway, Reliance is always a supporter of the BJP).” Then we have Basab Ghosh, Regional Sales Head of Open magazine, which is owned by the RP-Sanjiv Goenka Group, who also confesses to their allegiance to the RSS: “Acharyaji shayad aap bhi busy rehte hain aap shayad Open dekhte nahi hain regular. Main aapko ek baat bataata hoon. Open jitna support karte hain sangathan ka shayad hee koi karta hoga. (Acharyaji, perhaps you are a busy man and maybe you don’t read Open regularly. Let me tell you one thing. Nobody supports the Sangathan [RSS] as much as does Open).”

While the journalist had a tough time in convincing Ajay Shekhar Sharma of Paytm that he was there to fulfill the assignment received directly from the Sangathan under a “gupt vyavastha” or secret arrangement, the senior vice president of the mobile-app utility payment company candidly admitted his association with the top brass of both the RSS and the BJP. Taking his prospective client as someone belonging to the Sangh Brotherhood, he made a very shocking revelation. Referring to the stone pelting in Kashmir last year, Ajay Shekhar said: “Jab JK mein band huye the na pathar … toh humari personally PMO se phone aya tha kaha gaya tha ki data de do ho sakta hai ki Paytm user hon (When the stone-pelting stopped there in J&K, I personally got a phone call from the PMO. They told us to give them data saying maybe some of the stone-pelters are Paytm users.)” Paytm users may now be wondering if the company has violated its policy of privacy and data safety!

Another interesting fact that has emerged during the course of ‘Operation 136: Part II’ is that although they might be swearing by their allegiance to the RSS or the BJP, they don’t give a damn to Modi’s public stance against black money for which the Prime Minister did not back away from subjecting the entire citizenry to untold miseries by enforcing demonetization in November 2016. Punching holes in what has been gloried as “surgical strike” against black money, we found Vineet Jain, Managing Director of the Times Group, and his aide Executive President Sanjeev Shah, naming some big corporate houses which could help make black money squeaky clean and even suggesting to employ the services of ‘Angadias’—a Gujarati name for hawaladars or hawala operators of illicit money—to get the job done. While Vineet Jain says, “Aur bhi businessmen honge jo humein cheque denge aap unhe cash de do (There are other businessmen who would give us cheque against the cash you may give them), his aide Shah informs us: “Who will take that from him in Delhi suppose if Goenka says I want it in Ahmedabad so that I Angadia will have contact in Ahmedabad where they will exchange in number on a note or whatever.” Hope our Prime Minister and other arms of his government are listening!

Of all interviews that the journalist had with the owners and personnel of all these media houses in the course of this investigation, Manda Mhatre’s stands out in its revelations. While criticizing her own party, and claiming that it was the RSS leadership which ensured she got a ticket to fight election after she switched loyalties from NCP to the BJP, what the BJP legislator from Belapur, Pune, told Cobrapost is quite revealing: “Mere ko Sangh wale bol rahe the ki Muslim masjid todo ye karo. Main boli sorry main ye nahi kar sakti. Masjid sthal sab kachre ke maafiq dekhte hain. Itna log ko hum haay nahi le sakte hain kyonki aadhe log apne se jud gaye hain (The Sangh people were telling me time and again to destroy the masjids of Muslims. I told them ‘Sorry I can’t do that.’ They all look at a masjid something like trash. I cannot afford to earn so much ill-will of all those people [by resorting to such hate] because many Muslims have joined the BJP).”

We know it well that such open confessions of their allegiance to the ideology of the RSS could be brushed aside as personal opinions, but given the position they hold in their respective organizations what they say cannot be taken lightly. The reason is that it is rather the business interests that have an overarching influence on the editorial policy of a media organization, and Operation 136 has once again shown it in ample measure. The first part of Operation 136 had exposed India TV, Dainik Jagaran, Hindi Khabar, SAB TV, DNA (Daily News and Analysis), Amar Ujala, UNI, 9X Tashan, Samachar Plus, HNN Live 24×7, Punjab Kesari, Swatantra Bharat, ScoopWhoop, Rediff.com, IndiaWatch, Aj and Sadhna Prime News.

All these on-camera confessions make it clear that the malaise of paid news has set in deep as it is no longer confined to a few individuals who would show no scruples while publishing paid content, camouflaging it as news stories or reports. Over the years, paid news has become institutionalized, as this investigation establishes, for no one in authority in news business would receive an agenda, which is overtly communal and defamatory, with enthusiasm, let alone committing to undertake it, particularly when there are clear-cut guidelines to follow and laws to abide by.

The Indian Penal Code (IPC) has well laid-down provisions, for instance, to deal with various unlawful acts that these media houses agreed to commit. Section 153(A) makes any attempt to “promote disharmony or feelings of enmity, hatred or ill-will between different groups” punishable with imprisonment for a term of three years or a fine or both. Section 295(A) of the IPC also provides for the same punishment to be meted out when an individual deliberately, and with malicious intent, hurts the religious feelings of a community. Then, Chapter IXA of the IPC deals comprehensively with offences related to elections. Section 171 of the IPC makes interference with the free exercise of electoral right, in any form, punishable with an imprisonment of one year or fine or both. These provisions of the IPC, thus, ensure that the offence of polarizing a group on the basis of religion, caste or community is punished. The provisions of Chapter IXA of the IPC with regard to free exercise of electoral rights are overarching in their ambit as they are also relevant paid news to influence voters to gain electoral benefits.

In addition, the provisions of Cable Television Networks (Regulation Act) 1995, along with Cables Rules, and Representation of People’s Act, along with Conduct of Election Rules, make paid news and communal polarization for electoral gains an offence. Both the Cable Act and the Cable Rules prohibit transmission or re-transmission of programmes that do not conform to the advertisement code. While Rule 6 of the Cable Rules prohibits programmes of communal nature or that promote anti-national attitudes, Rule 7 also lays down the advertisement code prohibits publication of advertisements of political or religious nature. Rule 7(10) of the Cable Rules further states that “all advertisements should be clearly distinguishable programmes, viz., use of lower part of screen to carry captions, static or moving alongside the programme”. Then, Section 125 of the RPA makes communal polarization an offence punishable with imprisonment for three years or fine or both, while various provisions of Section 123 declare an act aimed at polarization and the practice of paid news as “corrupt practices” making election of a candidate null and void.

Apart from these and other legal provisions, there are “Norms and Guidelines on Paid News” of the News Broadcasting Standards Authority and “Norms of Journalistic Conduct, 2010” of the Press Council of India, which all media establishments are expected to adhere to. But do they really care for such scrupulous adherence? Our investigation says no.

We would like to make it clear that Operation 136 should in no way be taken as an effort to undermine Indian media or question its sanctity as an institution. Our investigation does not intend to cast any aspersions or pass judgment, either, on the journalists who are working in these media platforms. They have done good journalism in the past and will do so in future. However, if the management indulges in paid news, in all its gray shades, it creates a very difficult atmosphere for the journalists to ply their trade in. This story aims to underline our earnestness to address the malaise that has been dogging Indian media for the past three decades or so and look within to make course correction, so that the faith of India’s citizenry in this vibrant pillar of democracy is not dented.

2

I am often challenged about my political views, because I am "anti-BJP". So naturally, BJP trolls imagine that I am a Congressi, or Commie or Aaptard depending on what day of the week it is, I suppose. I don't support any political party. I don't have a preference for any political ideology. I don't have any preference for economic policy - as long as it is fair and does not disadvantage citizens by class. I see India as a shared space for all citizens, but I don't insist that you must obey me. I support and oppose all political parties depending on what they are up to - with one seeming exception - the BJP. This is because I don't see BJP as a political party at all. I see it as a cartel of opportunists at best and criminals at worst depending on what is going on. In my view, they have amassed power by hook or crook, telling blatant lies and faking their way to the top and have no regard for the well being of the country whatsoever. Here are further observations toward this.

Incompetence being a virtue with Modi sarkar

Ever since the election win to now, all the appointments by Modi sarkar have had one overwhelming common factor - the people appointed are spectacularly bad for the roles they are appointed. And this is not because of a lack of good people, but because to be appointed, an important requirement is that the people do not have any particular ambition for excellence that could get in the way of compromises that would be made for profit. Even a right wing Modi supporting professional would find it necessary to object if blatant wrongs were done - it is easier for the profiteers to have incompetent people there.

The list is endless and mentioned well here, but for a quick gist - the RBI governor who would face NPAs as among his hardest challenges is Urjit Patel, who has more experience governing the GSPC defaulting on loans than paying them. With a galaxy of outstanding actors kowtowing before the government in public and even making the sort of bigotted statements that appeal to the BJP crowd, the choice for FTII was Gajendra Chauhan. Gajendra who? Exactly. Ankit Fadia, absolutely sneered at among serious hacking/coding circles for being a "script kiddie" at best - was appointed as Digital India's brand ambassador - BJP with its legions of trolls and endless website launches hardly lacked good coders. Smriti Irani who could have served the FTII better than Gajendra Chauhan at least, was chosen to be the Minister of HRD - the biggest wrongdoing by her that was attracting attention was her faking educational qualifications. As HRD Minister, she would also be overseeing education. Including that of those far more educated than her.

The list goes on and on and on, but the basic point is this, deliberately putting incompetent people in key positions is an act that harms India and it is consistently done by the BJP government to the point that there is no doubt that it is deliberate. It is an intentional undermining of India. And there is a reason. A professional who takes pride in his work is likely to take pride in governing to high standards. Also a person who is authoritative about their subject is unlikely to have the kind of blackmail triggers that BJP likely uses to create puppets for its corrupt purposes - more on that later. That makes the blatant perversion of quality in the country going on harder. For example, would an excellent professional simply nod and agree if cronies were allowed to profit from every sector they could? Would a professional agree to favor incompetent and unlicenced cronies on critical things that could result in dead people? This, I see as a direct attack on India. BJP is an absolute enemy of India in my eyes. It is not a political party merely ideologically differing with others on how India should be governed, it is an entity that has absolutely no priority of excellence for the country or even preservation.

Denial of the achievements of India

In their process of ideologically wiping out their much hated Congress, the BJP consistently defames the country. Over and over. Relentlessly. There isn't much to say here, because it is an outright falsehood, so I simply quote a disgruntled Congress supporter "If the Congress hadn't brought India from a struggling colony to the tech age, this blight (Modi-BJP) would not be inflicted on the country with their false propaganda."

Inhumanity

BJP operates through a process of dehumanization. Dehumanization is necessary in order to make people hate. No one likes to think of themselves as malicious to another human being. When they are reduced to hollow symbols of evil and stripped of all identity beyond that, it becomes possible to absolutely want the extinction of a "concept" you have been taught as harmful. The crazy buggers spewing hate on a daily basis can do that, because they have been conditioned to see anyone not BJP through various lenses that they have been taught. No one independently comes up with identical labels for any entity, because independent minds operate in diverse ways. Even all critics of BJP and Modi will have their own reasons and methods and they may even vary from subject to subject, mood or time. In contrast, those spewing hate will have very specific reasons for very specific categories of people - this is because the information provided to convince them what "reality" is, is the same.

Those who see Muslims hunting Hindu girls when a government action fails massively don't realize that they are being used to leverage nuisance value and misdirect attention from issues important to the well being of the country. It is not possible that thousands of supporters of one party alone actually have seen Muslims target women and others haven't. But they have been told so many times and in such convincing ways, that the stories they are told become real to them. Then all it takes is for whoever is controlling the propaganda to trigger the outrage when needed. Earlier it used to be subtle. Private groups and whatsapp and such. Now it is in the open, with most news channels discussing the demonetisation and other news of importance to the country, the Republic was busy broadcasting a victimhood narrative. Hindu khatare mein hai! The programmed trigger for bhakts to start attacking people who are not BJP for whatever latest threat has been announced.

With BJP getting less than a third of the votes, this basically targets the vast majority of the country for bullying with various labels and insults. This is basically creating a culture of cruelty and the only people benefitting are the leaders and cronies of BJP - even the supporters will actually lead less satisfying relationships because their minds are constantly bombarded with behavioral triggers to be intolerant. Such a mind finds the world divided into two types of people - those in agreement and those not. And it does not stop with the online world of politics. Once conditioned to be inhuman to those who disagree, the mind will tend to react in such a manner to all disagreement. Quality of life and relationships will be considerably undermined, unless they manage to live among people who always agree with them.

The profiteering cartel that is BJP

It is hard to find a single large group of people - particularly people with criminal leaders or members that is not affiliated with the BJP. This is not an accident. BJP has gone around collecting people - regardless of political ideology - to support them electorally. It appears that being a criminal is actually preferred - possibly so BJP has CBI investigation blackmail leash. There are businesses exploiting the resources of the country with no checks and balances in sight. Various godmen are undercutting established manufacturers on prices and cornering markets - not because their quality is better, but because their business being religion, is tax free - even inferior quality FMCG products. Entire monopolies are being created. Crazy godmen are sheltered from law in return for votes from their massive followings. Even a "corrupt Congressi" like Nilekani has been able to impose his globalist scam of Aadhaar with far more impunity with this cartel than he ever could with the Congress in rule and acting on public demands for committees and such (even though the Congress is no innocent). Politicians accused of crimes and corruption by BJP have switched parties to join the BJP and in many instances contest on seats and win. It is a cartel of criminals and profiteers becoming a monolith and giving each other impunity. And this too has been dishonest. Economically disadvantaged groups were exploited for electoral profit and discarded after winning. Bharatiya Majdoor Sangh - the labour wing of the RSS has suffered like all other labourers in the country and protested and objected and complained with no interest from the government whatsoever in improving the conditions of workers.

The Swabhimani Shetkari Sangh representing farmers in Maharashtra has withdrawn support for the BJP after three years of farmers being betrayed by them after being elected. They had vigorously protested the cattle slaughter ban as well. To no avail. The rapist godman Ram Rahim who was affiliated with the BJP, whose supporters were allowed to amass and intimidate the High Court prior to his verdict were dumped once he was convicted and became a political liability. Other rapists are still enjoying protection as long as they hand the votes over to BJP. Today after fifty kinds of "reasons for demonetisation" dodges, Arun Jaitley admitted, as this blog had immediately pointed out among many others, that the demonetisation was done to encourage the country to move to digital payments. Yes, you hear that right. The finance minister of the country had absolutely no problem with an economic assault on the country that devastated lives and livelihoods - to promote payment products.

There is no resemblance to a political party. There is no attempt whatsoever to represent the interests of the people. This is why I say I am politically completely neutral. I am anti-BJP because I am anti-criminal cartels. I don't see them as a party. It doesn't walk, talk or act like a party, therefore to me it isn't one.

7

Growing evidence shows that India is serving interests of foreign influencers at the cost of the well being of Indian citizens. Demonetisation is just one in a long list of moves that benefit big money.

Finance Minister, Arun Jaitley, said something interesting when he addressed the Digi-Dhan mela today. He said that Bill Gates told him that more than 100 Cr have mobile phones, 109 Cr have Aadhar cards, digital economy will boom in India.

This had many people puzzled. What does Bill Gates have to do with anything that he's been quoted out of the blue? Why would Bill Gates be the source of information on how many mobile phones or Aadhaar cards are in India for the Finance Minister with access to National statistics? For example the Assocham Deloitte study that says that internet connectivity is still out of reach for 950 million Indians? A few others, who had been paying attention to the news remembered Bill Gates endorsing the demonetisation last month and then denying much knowledge of it and limiting his endorsement to the digitisation of the Indian economy.

But what does Bill Gates have to do with India's demonetisation that he was even asked to comment or endorse it at all or that made headlines on the subject twice and a month later the Finance Minister used data allegedly provided by him to support the viability of this insane venture? 100 crores is 1 billion - in a country of 1.2 billion, with 22% of the population (264 million!) below an absurd poverty line. You'd need to hand phones to babies on birth to get that kind of penetration! That alone should tell you that the number is useless for anything more than propaganda. It is the total number of SIMs sold. Of them "active" - used once a month at a minimum - are 900 million. This number would also include dual SIM phones, SIMs used for non-phone devices (air pollution measuring devices, for example), multiple SIMs used for businesses and so on. This really tells you nothing about the kind of penetration that would allow cashless transactions. Far more accurate statistics with relevance to demonetisation are available for India that make it clear that India has 220 million (100 crore is 1 billion) smart phone users (not all of them have internet enabled).

For that, we must rewind a bit, to something I've mentioned briefly in previous articles and explore it in more details.

Worldwide, as banks fail to manage their money responsibly, we are seeing them flounder. Powerful companies and people writing and influencing monetary policies are encouraging cashless transactions - supposedly to improve the government's coverage for taxation, but in reality, in a country with 70% of its population only owning 10% of its wealth while the top 1% own almost 60%, the cost of digitizing the vast majority of citizens is not even going to be covered by anything that can possibly be recovered from their meagre income that is way below taxable limits. It doesn't take a hotshot economist to know that in a country where 1% of the population pays taxes, the "tax net" is unlikely to get any substantial benefits from being thrown over 100% to see who gets caught. The costs of such an exercise would outstrip any benefits.

What going cashless actually achieves is providing a lifeline to banks by:

  1. Getting most of the nation's money into them and shoring up their failing liquidity
  2. By generating an income for them from the routine transactions of every citizen's day to day living.
  3. Preventing withdrawal of cash from banks by people who want to make more economical choices instead of paying commissions for every use of money.

This happening in India is of a great deal of profit to the global banking elite as well, as credit card services, banks invested in India and other financial service providers generate an income for banks based outside India with their shares of the seemingly small transaction charges on day to day use of money in a country of 1.2 billion people.

There is a great deal of effort put into "encouraging" countries worldwide into adopting cashless transactions by the global financial elite and governments stumped by failing banks and the lure of improved tax collection are capitulating, though none fell as hard and recklessly as the Indian government.

The Quint had correctly reported that the USAID had launched the “Catalyst: Inclusive Cashless Payment Partnership”, designed to scale digital payments systems in India in partnership with India's Ministry of Finance on the 14th of October. This is the press release on the official USAID website. So it is unclear why The Quint updated its article to remove this information and instead add an update that it was initiated jointly by USAID and GOI, but commissioned on the 15th of November as though it didn't happen till it was commissioned. Regardless, this explains what Bill Gates was doing there at all to be commenting on the demonetisation - that should have been a domestic issue. Among the organizations partnering in the Catalyst is the Bill & Melinda Gates Foundation.

Also included in the list is the UN fronted Better Than Cash Alliance that India joined on the 1st of September 2015. To quote their website, "The Alliance is funded by the Bill & Melinda Gates Foundation, Citi Foundation, Ford Foundation, MasterCard, Omidyar Network, United States Agency for International Development, and Visa Inc. The United Nations Capital Development Fund serves as the secretariat."

So, Bill & Melinda Gates, Omidyar Network, Mastercard and Visa participate as themselves as well as as part of the Better than Cash Alliance. USAID participates through the BCA. World Economic Forum participates directly. Many Indian banks, and surprisingly PayTM as well as phone networks are included.

Way before anyone in India articulated a need for cashless payments beyond the normal use for convenience - and there was an existing natural rate of adoption, USAID and its allies seem to have got the bright idea that India needed to go cashless and moved to get India to participate. Not one, but two organizations created in their need to "save" India from itself. One wonders why. The economy was doing well, the government was already undertaking means to improve access and inclusion of more citizens in the banking system - for example, the Jan Dhan Yojana, the expansion of the DBTL scheme (both of which put citizen's money into banks, the second mandatorily) had both been launched before the government joining these groups for promoting a digital economy in India.

Given the catastrophic results of the demonetisation, and the complete absence of consulting with anyone in the country - the government's own economists, RBI directors or security agencies included, it becomes important to ask just who was consulted and the quality of information that was provided and whether it influenced decisions adversely for the country.

There are reasons to believe that there may have been influence against National interest:

  1. Jaitley's direct quote of incorrect statistics allegedly provided to him by Bill Gates, that he used in order to justify the demonetisation at the Digi Dhan mela, even as all statistics of any reputable source point to the opposite. The RBI's data even shows that while the number of card transactions at PoS has increased (out of necessity), the value of transactions has actually gone down, clearly indicating a reluctance to adopt cashless transactions more widely than what was going on naturally.
  2. While in opposition, the BJP itself has pointed out that the CIA works through the USAID programme acting through philanthropic foundations to destabilize countries. There is considerable evidence to support this that BJP were already aware of. USAID has been implicated in covert operations to support subversive activities in countries from Cuba to Pakistan and notably the backing of Al Qaeda affliated rebels in Syria recently.
  3. Ford Foundation grants have in the past preceded at least two major political upheavals in the country - the Janlokpal Andolan and the creation of the Vivekananda International Foundation (which backed it and later ran subversive slander campaigns undermining the newly emerging AAP) were both preceded by grants by the Ford Foundation to their founding members or organizations. The Jan Lokpal Andolan discredited the government then in power. The Vivekananda International Foundation masterminded the rise of the current government, discredited the Aam Aadmi Party that was on the rise and now has an extraordinary number of members appointed to government positions, including the National Security Advisor Ajit Doval, under whose "able guidance", India's regional foreign policy has collapsed. There are allegations that he influenced a controversial supercession in the appointment of the next Army Chief.
  4. Contributed by reader Prem A (in comments below): The conflict of interest doesn’t stop there, Dr Nachiket M. Mor is the country directory of Bill & Melinda Gates Foundation and he is also one of the directors of RBI.
  5. Usual sources of reliable advice and information to the government appear to have been bypassed in this apparently "well planned" demonetisation, indicating that other sources of information were likely used - the government may potentially have been misled to use information that was not in national interest. This needs investigation given the mounting damage being inflicted on the country.
  6. Strangely, neither the government's joining the Better than Cash Alliance, nor the Catalyst were reported in India at all. For a government that proudly publicizes its every sneeze and hiccup that is dutifully given maximum publicity by a subservient media, if this were indeed a move that would benefit India, it is unclear why the Prime Minister would not proudly declare it.

2

This post has been updated to take out some points that were misunderstood by me and have been clarified and another issue which appears to be resolved.

Okay, I'm spooked. I don't understand this enough to even claim something is wrong. This is the most bizarre "email situation" I have ever seen.

It began with the government giving the address blackmoneyinfo@incometax.gov.in as the email address for citizens to send tip offs to the government about people who have black money. Leaving the Nazi like technique aside, I was puzzled by the address, as the Indian Income Tax Department's website is incometaxindia.gov.in

So I tried to find the website this email that the government provided belongs to. It doesn't exist. Okaaay. Does the domain exist? It does. And it seems to be registered to the income tax department as well. So far, so good.

Got a brainwave. If it was a server configured only for email, it wouldn't be seen by looking up domain, which looks at website address on port 80. So I did an MX lookup (that would be specifically for email server). Bingo! There it was, configuration errors and warnings and all, hosted on a subdomain pdcsmtp02.incometax.gov.in - which apparently is blacklisted for SPAM!!! The IP address for this is 125.19.19.84 (more on this later) and the reverse IP address does not match. It is for mail.incometaxindia.gov.in!!! Which seems to be blacklisted on FIVE spam lists? So the replies to the email will either not be received by people, or they will be received. It is unclear what has got the domains a spam status. The reasons could range from a relatively benign misuse of official address by a few employees to the server being compromised and used to send spam to even worse, the server being infected and emails could be infected too (spam is often the vector for malware, which is why you never click links in it, remember?)

Anyway, spam or not, whatever it was, I thought I'd found the holy grail. I tried going to the subdomain pdcsmtp02.incometax.gov.in. Page never stopped loading. It is still loading as I write this article. I have no idea what is on the other side. This is like a sarkari Darknet site.

I tried pinging it. Nothing. Depending on tool used, DNS service returns "domain not found" "name or service not found" etc.

Something very odd going on with this email address and server configuration. Is that why the Income Tax Department's server itself is being blacklisted for spam? Given how much the ruling party had done hatchet jobs on Somnath Bharti as a "spammer" without him being on any lists, I wonder what the government is now going to say about the Income Tax Department of INDIA!!!

On a relatively unrelated note, the IP address the Income Tax Department mail server is on, is hosted at DIT Jhandewalan and managed by a Mr. Simanchal Dash using his personal email address on yahoo and uses a Bharti Airtel network. Mr Simanchal Dash is personal secretary to Finance Minister Arun Jaitley. A server is important and official property. It is unclear why the secretary of the Finance Minister controls the server for the income tax department using a private yahoo account, and not an official government email or, for that matter why the government needs to buy network connections from Airtel.

What sorcery is this?