Surveillance , snooping and unspecified wire tapping human rights violations
Allegations that an Australian spy agency tried to tap mobile phones belonging to President Susilo Bambang Yudhoyono, his wife and several Cabinet members surfaced less than a month after Indonesia hosted the eighth annual UN Internet Governance Forum (IGF) in Bali.
From the opening remarks by Citizen Lab’s director, Ronald J. Deibert, which mentioned the “E” word (E for Edward Snowden), to the final session on Internet surveillance, it was clear that IGF discussions were influenced by the impact and significance of the US government’s mass surveillance program.
Responding to a letter of explanation sent by Prime Minister Tony Abbott, Yudhoyono said bilateral relations between the two countries would not fully resume until a new protocol and code of ethics were agreed and implemented.
The 2009 surveillance by the Gujarat police of a woman on the alleged instructions of Amit Shah, the then minister of state for home, as reported by two news portals on November 15, appears to have been conducted without the knowledge of two key officials involved in the chain of legal authorisation. This may dent the BJP’s defence of the operation as a legitimate exercise to “protect” her, as well as the party’s attempts to shield its prime ministerial candidate and Gujarat chief minister Narendra Modi from damage related to the case.
In the states, all phone tapping requests must be cleared by the seniormost official in the home department as mandated by the Indian Telegraph Act and a 1996-Supreme Court judgment. During the period the young woman was put under surveillance, Balwant Singh, as the additional chief secretary (home), Gujarat, was the man in charge. “I was not aware of any such surveillance on anybody by the state police agencies,” Singh told HT when specifically asked about this woman. Without his authorisation, any phone tap would have been patently illegal.
The laws also added layers of safeguards to prevent misuse by setting up a monitoring committee headed by the chief secretary with the revenue and law secretaries as its members. HT repeatedly tried to reach D Rajgopalan, who was chief secretary in 2009, but he did not respond to numerous phone calls or to a fax sent to his office. He is the state’s chief information commissioner at present.
If Singh is not aware of any authorisation, how did the telephone companies allow the phone tapping by the state Anti-Terrorism Squad (ATS)?
When HT contacted the general managers of the three principal telephone companies in Ahmedabad, they declined to comment.
Another official who could have known about any authorisation, former Ahmedabad police commissioner SK Saikia, told news channel NDTV that he would have been aware of the surveillance if it was granted. “If the phone tap had followed the proper route I would have been aware. Everything has to be processed through the Commissioner of Police and state intelligence, and permission taken through the Home Department.”
AK Sharma, then Inspector General in the state Intelligence Bureau (IB), should have been in the loop too. But he ducked questions. “I am out of station and will be back next week so can’t talk right now.”
A top home department official, speaking on the condition of anonymity, admitted that the then minister of state for home “Amit bhai (Shah) never used the regular procedure in such sensitive assignments. He directly used to deal with SP-level police officers assigned the job to them without involving bureaucrats or even the DGP.”
HT also attempted to contact Shah for his comments, but his PA said that the BJP general secretary was busy in a meeting.
Police sources also told HT that nearly two dozen policemen in plain clothes were deployed to keep the young woman under watch during her visits to the state. Most of them were from the Gujarat police IB or the crime branch, supervised by GL Singhal, who was then the SP with ATS.
The surveillance was quite thorough and intrusive said officials familiar with it. “The policemen used to follow the young woman on motorbikes or private cars would also watch her in movie theatres while sitting a few rows away from her,” a source in the state IB told HT. “They would keep tabs on her hotel and also tracked details of her shopping when she was visiting shopping malls. Flight seats would be allotted to ensure that the policemen were on board when she flew out of the city,” the source added.
Gujarat Chief Minister Narendra Modi’s close aide and former minister of state for home Amit Shah was on Friday accused of misusing his powers and police machinery for illegal surveillance of a young woman in 2009.
The allegations were made at a press conference here along with release of over half-an-hour of tapped telephonic conversations, purportedly between Shah and Gujarat IPS officer G L Singhal, which two investigative portals Cobrapost and Gulail claimed have been submitted before CBI in the Ishrat Jahan murder case.
Amit Shah. File Pic
However, the two websites also said “at this point of time, Gulail and Cobrapost have no means to independently verify these charges.
While the tapped conversations that purportedly took place between August and September 2009 do not mention Modi, the BJP’s Prime Ministerial candidate by name, the websites said that “listening to the conversations leaves no doubt that the people involved in the operation knew the ‘saheb’,” at whose behest the alleged snooping was being carried out.
The two portals claim that Modi had met this woman–an architect from Bangalore whose parents were in Gujarat–in 2005 during a public function of Bhavnagar Municipal Corporation.
The girl’s father, however, said in a statement that his daughter, who was based in Bangalore, had come to Ahmedabad when her mother was to undergo a surgery. She was required to commute at odd hours between the hospital and a nearby hotel which was a matter of concern to him. He had, therefore, orally requested Modi, “with whom we have long-standing family relations” to “take care” of her.
He was shocked that some “vested interests” were approaching the media in this regard.
BJP sources declined to react immediately, saying that the girl’s father had already issued a statement.
The press conference was also attended by noted social activist and former NAC (National Advisory Council) member Aruna Roy, lawyer and activist Prashant Bhushan and former Navy Chief Admiral (Retired) L Ramdas, among others.
Congress spokesperson Meem Afzal said that Amit Shah should come clean on who was this “saheb” and why was he “so much interested” in the woman. He also said that since CBI is already looking into the Ishrat Jahan encounter case, it should take cognisance of the matter and inquire into it.
Calling the woman by a fictitious name ‘Madhuri’, the websites alleged that the illegal surveillance was ordered by Shah for his ‘Saheb’ and the police followed her inside malls, restaurants, gyms, airport, flights and even when she visited relatives and went to see her mother at a hospital.
Singhal, who is an accused in the Ishrat Jahan case and is out on bail, apparently handed over hundreds of recorded telephonic conversations to the CBI to try to show how three key wings of the Gujarat Police–the State Intelligence Bureau, the Crime Branch and the Anti-Terrorist Squad –allegedly misused their powers to stalk this woman.
It was claimed that the surveillance-cum-phone interception operation was carried out on oral orders, without any valid legal authorisation. The 267 audio recordings submitted to the CBI primarily contain telephonic conversations between Shah and Singhal, who was at the time posted as an SP with ATS. Shah was Minister of State for Home for seven years between 2003 and 2010, while Modi himself has been Gujarat’s home minister since October 2001.
Shah was arrested in the Sohrabuddin fake encounter case in 2010 and is out on bail, looking after BJP’s poll campaign in the crucial state of Uttar Pradesh. They also said that such kinds of surveillance was in complete violation of Supreme Court guidelines and against the fundamental rights of the citizens of this country.
The spying scandal occurred at a time when the international community is becoming increasingly aware of the extent of the National Security Agency’s surveillance programs and the ensuing violations of basic human rights.
The Citizen Lab at the Munk School of Global Affairs, University of Toronto, has actively been conducting research on the commercialization of surveillance software developed by Western companies. The Lab has partnered with Indonesian civil society organizations to raise awareness on why and how surveillance tools may be used and the role of government and intelligence agencies in acquiring and deploying these products.
One of these tools is FinFisher, a network intrusion malware that is marketed and sold exclusively to law enforcement and intelligence agencies by Gamma TSE, part of UK-based Gamma Group. FinSpy, a component of the FinFisher suite, is capable of intercepting email, instant messaging and VoIP communications, as well as spying on users through webcams and microphones and transmitting the data to a designated command-and-control server.
The Citizen Lab has found evidence of FinFisher being used to target Bahraini human rights activists and against political opposition groups in Ethiopia in general and in Malaysia during the 2013 elections in particular. The Citizen Lab has also uncovered FinFisher’s presence in Indonesia.
In August 2012, Citizen Lab researchers scanned IP addresses and fingerprinted for FinSpy’s characteristic command-and-control protocol. Among the observed servers was an IP (112.78.143.26) owned by Biznet. In a follow-up investigation published in March, researchers documented four additional command-and-control servers in Indonesia on three IP addresses belonging to Biznet (112.78.143.34), PT Matrixnet Global Indonesia (103.38.xxx.xxx), and PT Telkom (118.97.xxx.xxx).
There was also a sample of a mobile phone version of FinFisher that contained a phone number in Indonesia, which the spyware used to send stolen data back over SMS.
The lack of harmonised laws and regulations and the absence of independent oversight and accountability over the wiretapping program in Indonesia mean that there is an increase in the potential risk of misuse. Currently, there are at least twelve laws, two government regulations and two ministerial regulations that govern wiretapping.
The Indonesian Military’s (TNI) Strategic Intelligence Agency (BAIS), one of five institutions that have surveillance capabilities, recently signed a contract worth US$6.7 million through the Defense Ministry with Gamma TSE for unspecified wiretapping equipment.
Concerns about the abuse of surveillance are warranted considering that there are uneven monitoring standards for agencies conducting wiretapping and that the military faces allegations of human rights violations. These issues are in addition to the controversial nature of Gamma TSE, whose products have turned up in several authoritarian regimes. Husnan Bey Fananie, a member of the House of Representatives’ Commission I on defense, said the commission would meet the Defense Ministry and the TNI commander to find out how and why the FinFisher software would be used.
In the wake of the scandal, Indonesia is establishing a Central Intelligence Committee, which will be coordinated under the State Intelligence Agency (BIN). Despite claims by Foreign Minister Marty Natalegawa that Indonesia has no need to spy on foreign governments, Indonesia is likely to use equipment purchased from Gamma TSE as part of these efforts. These developments, in addition to Indonesia’s upcoming elections, create a pressing need for Indonesia to have a single, comprehensive legislation regulating wiretapping and interception.
The uproar that followed the spying saga has caused governments and the general public alike to acknowledge the security and human rights concerns involved with surveillance. Some fear that there could be a race to the bottom as governments around the world establish surveillance programs to outdo each other in intelligence gathering. At the same time, the public’s increased awareness of surveillance practices has created an opportunity for civil society to push back at corporations and governments.
The time is now for Indonesia to play an active role in ensuring that surveillance protocols and codes of ethical conduct exist not just abroad, as part of efforts to normalize its relations with Australia and other countries, but also at home. -
Gujarat Sachivalaya, the centre of Narendra Modi’s powerdom, there was commotion among state IAS babus. While I met a dozen-odd IAS officials, including some of the senior-most, one of them looked rather annoyed, despite being known to be so close to the CM. He had been asked to reach the new CM office, built as a separate building, but didn’t want to go. He told me, “Hell. They have put a jammer. No mobiles work. Its nauseating. I don’t want to go there.”
Yet, this babu was was as frank as ever. Offering me a cup of tea, he told me that while a “decision” had been taken to reemploy retiring K Kailashnathan (KK to his colleagues) for the same job – KK headed the CM office for seven years – it “merely awaited” Modi’s “red pen sign”. I asked him bluntly: “But I was told you were offered the post. So you wouldn’t replace KK?” He smiled, looked around, and blurted out: “My dear friend, let me do my duty as an IAS official.”
As I left this babu’s chamber after chatting around on different other subjects, including a rally of farmers in North Gujarat against land acquisition for industrial purpose, I was left wondering: What did he mean? Wasn’t KK acting as an IAS bureaucrat, in accordance with the rule book, to which he swore?I knew KK as a fine bureaucrat when he headed water resources and later urban development departments, though babus foundim “changed” after he joined the CMO, carrying out Modi’s political agenda meticulously, the jobs which IAS babus wouldn’t generally touch.
The IAS babu with whom I interacted, I was told later, was approached by a key Modi aide with a straight offer: Head the CMO and take over from KK, who was to retire on May 31. “He rejected the offer outright”, this aide told me. “For God sake not me. Don’t even suggest this to the CM. Do you think I am capable of doing things which KK does? I wouldn’t like to get into all that”, the aide quoted the IAS babu as saying. I was told, at least three IAS officials were approached with a similar offer. All of them turned it down saying they were happy doing their present job.
Come June 1, and a new post-retirement non-IAS post was created for KK – of chief principal secretary. An official communique declared that KK would continue doing the same job he was doing as IAS bureaucrat till his retirement, of heading the CMO. The order created more flutter. I decided to approach another Sachivalaya IAS babu, and this is what he told me one-to-one: “KK has virtually emerged as Gujarat’s super chief secretary.” He didn’t stop at that. He compared KK’s appointment with what Mayawati did as UP chief minister – of appointing Shashank Shekhar Singh to the newly-created post of cabinet secretary.
The appointment by Mayawati – which lasted for full five years – was variously described as “mockery of constitutional norms”. Even the BJP said that Mayawati’s decision to appoint Singh as cabinet secretary “found no mention in any rule book”, that Singh was a “a non-civil servant” and the decision was not just unconstitutional but also amounted to “administrative anarchy”, and that Singh wouldn’t be accountable to anybody for official files where crucial policy decisions were taken.
The IAS babu whom I approached took a similar view: On retirement from IAS, KK ceased to remain in the cadre and was no more accountable to official decisions. Even then, the babu said, “What could Modi do? He had no choice, as no IAS official was ready to take over. Even I was sent feelers. But I remained quiet. This was taken as my outright No. Look at the civil list. Is there anyone senior enough capable of handling all that Modi does with such precision? None.”
The babu didn’t mind taking a snipe at present chief secretary Varesh Sinha, either. “Sinha’s ways are very different. He is a typical IAS bureaucrat, who wouldn’t be party to any of Modi’s political propaganda. In fact, I wouldn’t be surprised if he doesn’t agree with Modi, at least on file.” Insiders suggested, Sinha wasn’t even aware of what decision Modi was likely to take on KK. Sinha was probably kept in dark. With KK’s appointment, Sinha must be feeling sidelined.
Even if the so-called Tina (there is no alternative) factor may have been behind the re-employment of KK, the fact is, Modi has tried out with a couple of other IAS bureaucrats ahead of KK to head CMO, but none had been as “loyal”, though all did toe, willy-nilly, the Modi line. The first one, PK Misra, was in the CMO during the 2002 riots. A babu with an academic bent of mind, I remember how – setting aside the suggestion that Ahmedabad was burning on the first day the riots, February 28, 2002 – he told me things in the city were “absolutely normal”!
When I was with Misra, I already knew that ex-Congress MP Ehsan Jafri had been killed in the riots during the infamous Gulbarg Society incident. Yet, Misra told me, “You can quote me, nothing of the sort has happened”! There was reason to believe: Misra wasn’t performing his constitutional duty of advising Modi against giving free hand to the saffron brigade. Misra went to Delhi on deputation, and on retirement was rewarded: He became chairman of the Gujarat Electricity Regulation Commission.
The next IAS babu to head the CMO was Hasmukh Adhia, who would usually go by the rule. During my frequent interactions with him, he wouldn’t utter a word except what was to be “officially conveyed”. An ethnic Gujarati, one reason why Modi took his services, Adhia was architect of the now-flopped Karmayogi Maha-abhiyan, which was meant to train Gujarat babus at every level to be more dutiful. A string of RSS-style Chintan Shibirs were organized, and these were to be a regular affair.
Yet, Adhia would never speak the language of Modi. He would choose his words carefully. In internal meetings, he would meticulously avoid praising Modi, and would just kickstart his remarks quoting Modi with “the CM wants” or “the CM believes”. Adhia was eased out, he went to Bangalore for two years to PhD in Yoga and Karmayoga. Today, he heads the state finance department.
Enter KK, and things began changing. Belonging to Tamil Nadu, his family had settled in Kerala, and this came handy for him to provide Modi the much-needed entry into South India. Thanks to KK, Modi established rapport with Amritanandamayi, a much-revered swamini from Parayakadavu, Kollam district, Kerala. Modi was the chief dignitary at the swamini’s programme in Ahmedabad in March 2008. He invited her to establish her second “math” in Gujarat.
However, the first real success of KK was when through him Modi built bridges with retired Supreme Court judge VR Krishna Iyer, who headed the Concerned Citizens’ Tribunal which inquired into the Gujarat riots of 2002. Modi was in Kerala to attend the wedding of KK’s daughter in 2010, but managed to win praise from the veteran legal luminary, who reportedly called him “super-patriot” and even blessed him for all the “good work” he had done.
More recently, in April this year, Modi visited Kerala’s Sivagiri Mutt, founded by saint and social reformer Narayana Guru and inaugurated its annual spiritual discourse. Even as the Left called the visit an effort to “Hinduise” Kerala politics, and Congress criticized the Mutt for inviting him, Modi addressed a jumbo gathering, where he said, “Although untouchability in social life has come down because of the untiring efforts of our saints, it is increasing in politics.”
KK’s efforts to go close to Modi acquired political dimensions last year, when, officials told me, ahead of the state assembly polls, he went out of his way to offer his services. KK not just approached district revenue and forest officials in order to “activate” them to distribute forest land among the tribals in order to garner support in in the eastern tribal belt. Every Saturday and Sunday he would personally visit some tribal area in order to organize land for the tribals.
In the beginning, during personal interactions, KK would open out. Ahead of the 2007 assembly polls, he gave me a Modi book, “Karmayoga”, thinking I would write some good words on the CM. I wrote a piece, quoting Modi from the book, where he had said that the valmikis had spiritual experience while cleaning up others’ dirt. KK was very angry, said I “misused” the book . Nearly 5,000 copies of the book were withdrawn. Thereafter, he would only talk development.
