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The Gujarat High Court on Friday scrapped the commission appointed by the former Modi-led state government to inquire into the alleged illegal surveillance of a woman architect in 2009 that was first reported by two news portals last year.
A single-judge bench of Justice Paresh Upadhyay ordered the setting aside of a November 26, 2013 notification that was issued by the state government for formation of a commission headed by former Gujarat High Court judge Sugnya K Bhatt and retired additional chief secretary KC Kapoor.
The order came three days after a joint petition was filed on October 7 by 67-year-old Pranlal N Soni and his 37-year-old daughter, identified as “MP Soni”, who was at the centre of the controversy.
The petitioners prayed to “quash and set aside the notification dated 26th November, 2013, issued by the state government constituting the commission to inquire into the terms contained therein, the summons dated 26-5-2014 issued by the commission of inquiry and be pleased to quash the proceedings, if any conducted/recorded by the commission.” This suggests that either Pranlal or his daughter was summoned by the commission on May 26.
The petitioners said that the two web portals — Cobrapost and Gulail.com — published and posted audio recordings of a telephonic conversation with allegedly took place between the then Minister of State (Home) and a police officer.
The petition doesn’t name Amit Shah and IPS officer G L Singhal who was said to have submitted these taped conversations with Shah to the CBI. Under suspension for his alleged role in the Ishrat Jahan encounter case, Singhal was reinstated earlier this year.
The petition says, “This unauthorized tape referred to an alleged conversation where under the state agencies were providing the petitioner and her family members with requisite safety and security measures. On the basis of these unauthorized and unverified contents posted in the two web portals, a sinister and defamatory campaign started in electronic, print and social media by certain vested interest groups, ostensibly on the ground of protecting the petitioner’s right to privacy.”
The petition adds, “This politically motivated, malicious campaign by groups and busybodies having vested interests, under the guise of protecting the petitioner’s right to privacy, has resulted in tarnishing of the petitioner’s reputation and infringement of their right to privacy, causing both the families immense anguish and suffering.”
Soni has mentioned that, “petitioner no-2” (his daughter) requested him to write to National Commission for Women as well as chairperson of Gujarat State Commission for Women asking them not to take cognizance of any complaint based on the contents of the two web portals. “It was expressly submitted that petitioner no-2 was in no way aggrieved by the security measures taken in her interest.”
It says that despite repeated attempts the NCW did not “put an end to the unwarranted controversy. Petitioner on-1 received a letter dated November 20, 2013 from the National Commission for Women, treating the letter written by him as a ‘complaint’ or ‘petition’ raising a question with regard to his identity.”
Hours after the news broke on the portals in November last year, which did not disclose the name of the woman under surveillance, a statement was released in the name of Pranlal Soni, saying that he had “orally requested” Modi to “take care” of his daughter and “ensure that she does not face any problem”.
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