SC FLAGS ‘CHILLING EFFECT’ ON FREEDOM OF SPEECH; APPOINTS A PEGASUS PROBE COMMITTEE

“It is undeniable that surveillance and the knowledge that one is under the threat of being spied on can affect the way an individual decides to exercise his or her rights. Such a scenario might result in self-censorship,” a Bench led by Chief Justice of India NV Ramana said, while ordering a probe into Pegasus allegations.

Noting that the right to privacy is sacrosanct, though not absolute, the Supreme Court yesterday set up an independent expert committee led by former top court judge RV Raveendran to look into the allegations of snooping on journalists, activists, politicians, etc. using Pegasus spyware.

The court turned down the Centre’s offer of setting up an expert panel to look into the allegations, saying, “Rather than relying upon any government agencies, we have constituted the committee and shortlisted expert members based on biodatas and information collected independently.”

The bench also rejected Solicitor General Tushar Mehta’s arguement that the petitions and media reports were motivated, saying such omnibus oral submissions can’t be accepted.

Admitting that the scope of judicial review was limited on issues of national security, the Bench said, “However, this does not mean that the state gets a free pass every time the spectre of ‘national security’ is raised. National security cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning. Although this Court should be circumspect in encroaching upon the domain of national security, no omnibus prohibition can be called for against judicial review.”

Referring to KS Puttaswamy vs Union of India (2017) case – in which right to privacy was declared a fundamental right – the top court said the verdict has recognised that “the right to privacy is as sacrosanct as human existence and is inalienable to human dignity and autonomy”.

However, the Bench clarified, “Although declared to be inalienable, the right to privacy, of course, cannot be said to be absolute, as the Constitution does not provide for such a right without reasonable restrictions.”

CONGRESS HAILS SC ORDERED PEGASUS PROBE

The Congress on Wednesday hailed the Supreme Court order of a probe into the Pegasus spyware issue with Rahul Gandhi vowing to again raise the matter in Parliament and hold the government accountable for key questions the row has raised.

Rahul alleged Pegasus was a weapon “only two persons — the PM and Home Minister” — could have authorised for use and said the spyware was an assault on national security, democracy, constitution and idea of India. —

AGNI-5 MISSILE WITH 5,000 KM RANGE SUCCESSFULLY TEST-FIRED

In a major boost to its military might, India on Wednesday successfully test-fired surface-to-surface strategic missile Agni-5 that can strike targets at ranges up to 5,000 km with a very high degree of accuracy, officials said.

"The successful test of Agni-5 is in line with India's stated policy to have credible minimum deterrence that underpins the commitment to 'No First Use'," the defence ministry said in a brief statement.

People familiar with the development said it was the first user trial of the missile which can bring the northernmost part of China under its striking range.

The Agni 1 to 4 missiles have ranges from 700 km to 3,500 km and they have already been deployed.

CHINA’S UNILATERAL DECISION TO BRING NEW LAND BORDER LAW IS OF CONCERN TO US: INDIA

India hasexpressed “concern” over China’s new land boundary law, calling it a “unilateral” move that has implications on bilateral border agreements.

The Ministry of External Affairs’s official spokesperson Arindam Bagchi said India expects that China “will avoid action” under the pretext of this law, which could “unilaterally alter the situation” in border areas.

On October 23, the Standing Committee of the National People’s Congress, China’s ceremonial but top legislative body, passed the new law for “protection and exploitation of the country’s land border areas”, to come into effect from January 1.

The law asks the state to follow the principles of “equality, mutual trust, and friendly consultation, and handle land border related-affairs with neighbouring countries through negotiations to properly resolve disputes and longstanding border issues”.

New Delhi’s sharp response is similar to Beijing’s “concern” in August 2019 over India’s decision to revoke the special status of Jammu and Kashmir under Article 370.

PM MODI REAFFIRMS INDIA’S FOCUS ON FREE & OPEN INDO-PACIFIC

Prime Minister Narendra Modi on Wednesday reaffirmed the importance of the East Asia Summit (EAS) as the premier leaders-led forum in the Indo-Pacific, bringing together nations to discuss important strategic issues.

Participating in the 16th EAS via video-conference, PM Modi reaffirmed “ASEAN centrality” in the Indo-Pacific and highlighted the synergies between ASEAN Outlook on Indo-Pacific and India’s Indo-Pacific Oceans Initiative, said a release.

The East Asia Summit comprises 10 ASEAN members (Myanmar has been downgraded) and eight associate members, including India, the US, Russia and China.

The PM highlighted India’s efforts to fight the pandemic through vaccines and medical supplies. He emphasised the establishment of a better balance between economy and ecology and climate sustainable lifestyle.

KEY COVID NUMBERS

Current Active Cases Countrywide: 1,54,888

New Cases in last 24 hours: 16,332

Recovered in last 24 hours: 17,047

Change in no. of Active cases in last 24 hours: -1,449

No. of deaths in last 24 hours (Total Covid Deaths so far): 734 (4,56,418)

Daily Tests (Tuesday): 13,05,962

Daily Positivity Rate (Proportion of Positives among total Tested): 1.3%

Percentage of Population Vaccinated (At Least One Dose / Two Doses): 54.1% / 23.5%

INTERNATIONAL AFFAIRS

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4 COPS AMONG 8 DEAD IN CLASHES BETWEEN PAK ISLAMISTS & POLICE

At least four policemen were among eight persons killed on Wednesday in fresh clashes between supporters of a radical Islamist party and police in Pakistan’s Punjab, prompting the Imran Khan government to deploy Rangers in the province for two months to deal with the protesters. Interior minister Sheikh Rashid Ahmed said that the Rangers were being called in to maintain law and order in Punjab for 60 days following renewed clashes between police and the banned Tehreek-i-Labbaik Pakistan (TLP), which started march towards Islamabad after the government announced that it “cannot meet the TLP’s demand for expulsion of the French ambassador”.

TLP office-bearer Ibne-I-Ismail said that at least four of its workers were killed from the direct firing of the police. He also claimed that firing was also made on the protesters from a helicopter. Ismail warned the government that thousands of TLP workers will sacrifice their lives but will not budge from their demands. “TLP activists used SMG, AK-47 and pistols to target police officials as the result of which several officials were martyred,” a spokesman for the Punjab police said.

‘TAIWAN HAS NO RIGHT TO JOIN UNITED NATIONS’ — CHINA SLAMS US SUPPORT

China rebuked U.S. efforts to boost Taiwan’s participation in UN organizations, saying the self-ruled island has “no right” to join the world body a half-century after it was booted out.

“The United Nations is an international governmental organization composed of sovereign states,” Ma Xiaoguang, a spokesman for the Taiwan Affairs Office in Beijing, told a regular news briefing Wednesday. “Taiwan is a part of China. The People’s Republic of China is the sole legal government representing the whole of China. Taiwan has no right to join the United Nations.”

Ma was responding to Secretary of State Antony Blinken’s call Tuesday for countries to join the U.S. in pushing to give Taiwan a greater role at the UN.

CHINESE HYPERSONIC TEST LIKE A 'SPUTNIK MOMENT': TOP US GENERAL

The Pentagon's top general said Wednesday that China's recent test of an earth-circling hypersonic missile was akin to the Soviet Union's stunning launch of the world's first satellite, Sputnik, in 1957, which sparked the superpowers' space race.

Mark Milley, chairman of the Joint Chiefs of Staff, confirmed for the first time the Chinese test of a nuclear-capable missile that would be very difficult to defend against.

"What we saw was a very significant event of a test of a hypersonic weapon system. And it is very concerning," Milley told Bloomberg TV.

"I don't know if it's quite a Sputnik moment, but I think it's very close to that," he said.

"It's a very significant technological event that occurred... and it has all of our attention."

China denied the report, saying it was a routine test of a reusable space vehicle.

Hypersonics are the new frontier in missile technology, because they fly lower and so are harder to detect than ballistic missiles, can reach targets more quickly, and are maneuverable.

That makes them more dangerous, particularly if mounted with nuclear warheads.

THE REST

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OCI CARDS, VISAS OF FARM PROTEST BACKERS REVOKED

The Centre has cancelled Overseas Citizens of India (OCI) cards and long-term (LT) visas of people of Indian origin found involved in anti-India activities.

Without disclosing the number of cancelled OCI cards and LT visas, sources said action was taken against those who indulged in anti-India activities in the guise of supporting the ongoing farmers’ protest against three farm laws enacted by the Centre.

Indian missions in different countries have been keeping a close eye on the activities of the people of Indian origin participating in anti-India activities, sources say. It has been noticed that in several countries, particularly Canada, Indian students studying there have been participating in anti-India protests outside missions. The government has reportedly identified at least 12 such persons. If they try to travel to India, the Immigration Department has been advised to send them back to their origin of travel nation.

DELHI ASSEMBLY SUMMONS FACEBOOK AGAIN IN CONNECTION WITH 2020 RIOTS

The Committee on Peace and Harmony of Delhi Assembly has summoned Facebook to appear before it on November 2 for evidence and suggestions to prevent communal disturbances like the 2020 Delhi riots. The summons says that it is a continuation of its notice sent to Facebook in February and refers to the Supreme Court’s verdict on the matter in July.

A copy of the summons said that Facebook should send the names and designations of representatives who will appear by October 31.

The latest summon has been prompted by the recent whistleblower deposition before the US Congress which has specifically highlighted what happened in Delhi riots and Facebook’s role as an intermediary in relation to selective content moderation.

TUSHAR GANDHI CHALLENGES SABARMATI ASHRAM REVAMP PLAN IN HC

Mahatma Gandhi's great-grandson Tushar Gandhi has filed a PIL in the Gujarat High Court challenging the state government's Sabarmati Ashram redevelopment project.

The government proposes to redevelop the Sabarmati Ashram in Ahmedabad, a place closely associated with Mahatma Gandhi and India's freedom struggle, as a world-class tourist attraction spread over 54 acres of land by bringing together 48 existing heritage properties located nearby.

The PIL says that the 1,200-crore Gandhi Ashram Memorial and Precinct Development Project goes against the wishes and philosophy of the Father of the Nation.

The state should not be allowed to interfere as the constitution of Gandhi Smarak Nidhi says Bapu's Ashram and memorials should be kept away from government and political influences, he said.

BIG BETS ON RENEWABLE ENERGY

In the last few weeks, Indian conglomerates led by Reliance Industries, the Adani group, Tata Power and ArcelorMittal have announced mega-plans in renewable energy. It’s not only the private conglomerates, but also government-owned NTPC and Goldman Sachs-backed ReNew Power that are pouring billions in the Great Indian Renewable Energy rush.

This is in line with the Indian government goals to generate 175 Gw of renewable energy by 2022 and 450 Gw by 2030. In a February 2021 report, the IEEFA, a Sydney-based research institute, said India will require an additional $500 billion in investment in new wind and solar infrastructure, energy storage and grid expansion, and modernisation to reach the government target.

The investment numbers are mind-boggling: Reliance plans to invest $10 billion; Adani announced plans to invest up to $70 billion in the 10 years in the entire renewable energy ecosystem. L N Mittal-owned ArcelorMittal plans to build 4.5 Gw of solar capacity in Rajasthan and green hydrogen production capacity backed by solar and wind in Gujarat. ACME Solar, one of India’s biggest solar developers, has commissioned the world’s first commercial pilot of an integrated green hydrogen and green ammonia production facility in Rajasthan.

GANGULY QUITS MOHAN BAGAN ROLE TO AVOID CONFLICT OF INTEREST

To avoid a potential conflict-of-interest controversy, BCCI president Sourav Ganguly has decided to step down as director of ATK Mohun Bagan, the football team owned by RPSG Ventures Ltd, the Indian business conglomerate that on Monday also bought the Lucknow IPL franchise.

Ganguly has initiated the process of standing down from his role at Mohun Bagan. It is learned that Ganguly will step aside from the role at Mohun Bagan for as long as he is the BCCI president, to avoid conflict.

Ganguly had in the past was dragged into conflict of interest controversy when in 2019 he was the president of Cricket Association of Bengal and advisor with IPL franchise Delhi Capitals.

ARYAN'S BAIL HEARING YET TO CONCLUDE

The NCB spoke about Aryan Khan, Bollywood actor Shah Rukh Khan's son, and others of being accused of a conspiracy, but it never pressed that charge officially following their arrest in a drugs case, their lawyer told the Bombay High Court during bail hearing on Wednesday.

The hearing on bail applications of Aryan Khan, Arbaaz Merchant and Munmun Dhamecha before Justice N W Sambre remained incomplete on the second day.

Additional solicitor general Anil Singh, representing the Narcotics Control Bureau, would be making arguments on Thursday.

"Tomorrow we will try to finish it," Justice Sambre said after Wednesday's hearing which went on for over two hours.

Senior advocate Mukul Rohatgi, appearing for Aryan Khan, argued that the arrest was a direct infringement of constitutional provisions as the arrest memo did not give the "true and correct grounds".

Senior counsel Amit Desai, appearing for Merchant, pointed out that the special court for Narcotic Drugs and Psychotropic Substances (NDPS) Act on Tuesday granted bail to two other accused in the case -- Manish Rajgaria and Avin Sahu. "The allegations against them are also the same. In fact there was recovery of 2.6 grams of ganja (cannabis) from one of the accused and the second had said that he had consumed," Desai said.

"If not on (the ground of) parity but on liberty these boys (Aryan Khan and Merchant) should be granted bail...Release them on bail with strict conditions," Desai argued.

He further told the court that the charge of conspiracy and abetment was invoked in the case by the NCB as an afterthought.

ALLEGATIONS AGAINST SAMEER WANKHEDE PUTS A GLARE ON HIS ELIGIBILITY FOR SC QUOTA

The controversy surrounding anti-drugs officer Sameer Wankhede took a new turn when the qazi who performed his first marriage in 2006 said he was a Muslim at that time, a claim denied by his family. Wankhede said he had married as per Muslim customs as per the wish of his late mother.

Maharashtra Minister Nawab Malik has alleged that Sameer Wankhede benefitted from the reservation for Scheduled Castes despite being Muslim and ineligible for the quota. If the allegations are proven, Wankhede could lose his job.

POLICYBAZAAR’S ₹5,710CR IPO GIVES CO VALUATION OF $6BN

PB Fintech, the holding company for online insurance distributor Policybazaar and loan comparison portal Paisabazaar, has fixed a price band of Rs 940 to Rs 980 for its Rs 5,710-crore initial public offering (IPO), which will open on November 1. The pricing gives the company a valuation of between Rs 44,250 crore and Rs 46,125 crore ($5.9-6.2 billion). This values the firm at more than the Rs 25,923-crore market cap of New India Assurance — the country’s largest non-life insurer.

Policybazaar, which started out as a comparison website that generated leads for insurance companies, has evolved into a platform that allows users to search, buy, renew and lodge claims. After receiving an insurance broking licence, the company has expanded its offline presence for distribution.

T20 WORLD CUP: ENGLAND WHIP BANGLADESH, NAMIBIA EDGE PAST SCOTLAND

England dished out a thoroughly clinical display with bat and ball to trounce Bangladesh by eight wickets in a Super 12s match of the T20 World Cup, in Abu Dhabi, on Wednesday. Explosive opener Jason Roy anchored the paltry 125-run chase with a 38-ball 61, which included 5 fours and 3 sixes, to make his 50th T20 International appearance a memorable one.

England cantered home in just 14.1 overs, giving their net run-rate a huge boost.

In the second match yesterday, a stunning opening burst from seamer Ruben Trumpelmann and an unbeaten 32 by JJ Smit down the order helped Namibia secure a nervy four-wicket win over Scotland.

Set a modest 110 for victory, Namibia made heavy weather of the chase, losing wickets at key moments on a tricky pitch before Smit and David Wiese (16) did just enough to get them over the line with five balls to spare.

Today’s Match: Australia vs Sri Lanka

INDICATORS

Sensex 61,143 (-207), Nifty 18,211 (-57), Trading Value NSE (Rs.crores) 70,579

Nasdaq 15,235 (+0) Dow 35,491 (-266), S&P 4,552 (-23)

US$-Rs. 74.94 GBP-Rs. 103.03, Euro-Rs. 86.96, UAE Dhm-Rs.20.40, Can$-Rs. 60.53, Aus$- Rs. 56.32

GBP 0.72 /US$, Euro 0.86 /US$, Jap.Yen 113.83 /US$, Aus$ 1.33 /US$, Sing 1.34 /US$, Bang Taka 84.14 /US$, Can$ 1.23 /US$, Mal Ring 4.14 /US$,

Pak Re 173.92 /US$, Phil Peso 50.73 /US$, Russian Rouble 70.07 /US$, NZ$ 1.39 /US$, Thai Baht 33.22 /US$, Ukraine Hryvnia 26.19 /US$

Bitcoin - USD 59,172

Dollar Index 93.82, Brent Crude 82.49 BDI 3,808

Gold world Spot Price USD/aoz 1,799 India (Rs. per gm 24k/22k) 4,813 / 4,713, Silver (Rs. Per KG) 69,200

THOUGHT FOR THE DAY

A truth that's told with bad intent beats all the lies you can invent. - William Blake

OFF TRACK

Gabbar Singh and his gang were in the jungle, by a river, celebrating and drinking. Sambha started to sing louder and louder with each drink. Gabbar, fearing that the Thakur's men might hear the band celebrate, dragged Sambha to the river and threw him in...but Sambha climbed out and continued singing without missing a note. 

The moral of the story? You can lead a drunk to water, but you cannot make him hoarse.