Latest news with #SMSubramaniam
New Indian Express
14 hours ago
- Politics
- New Indian Express
‘Oraniyil TN' case: Madras HC rejects DMK's request for urgent hearing
MADURAI: The Madurai Bench of the Madras High Court on Tuesday turned down DMK's request for an urgent hearing over a PIL petition that sought action against the party for alleged unauthorised collection of personal data of voters under the guise of 'Oraniyil Tamil Nadu' campaign. Appearing through video conference before a bench of justices S M Subramaniam and A D Maria Clete on Tuesday morning, senior counsel P Wilson, who represented DMK, contended that petitioner S Rajkumar has made false allegations and that DMK cadre did not collect Aadhaar details during the enrolment drive. Claiming that an interim order was obtained by making false charges, Wilson requested the court to take up the matter for urgent hearing. However, the judges refused and told him to file an impleading petition. On Monday, Rajkumar alleged that DMK cadre demanded personal identification documents of voters. They also got the mobile numbers of voters and enrolled them as members of the party by verifying a One Time Password (OTP) sent to their number. Hearing this, the bench ordered an interim injunction restraining DMK from sending OTP verification messages to individuals and adjourned the case for two weeks.
NDTV
a day ago
- Politics
- NDTV
Madrash High Court's Big Order On Party Flagpoles In Public Spaces In Tamil Nadu
Chennai: The Madurai Bench of the Madras High Court has ordered the maintenance of status quo on the removal of political flagpoles from public spaces, in a major relief to political parties, caste and community organisations across Tamil Nadu. The decision comes as part of an appeal filed by the Communist Party of India (Marxist) challenging a previous directive that mandated the removal of all political flagpoles from public areas. The issue was taken up by a three-judge bench comprising Justices SM Subramaniam, Vijayakumar, and Soundar. The CPI(M), through its state secretary Shanmugam, argued that flagpoles had been set up across Tamil Nadu for over six decades as part of the party's outreach to the people and to symbolically represent its ideology. The party claimed that local officials were removing flagpoles across districts, in some cases without any prior notice, which they argued was a violation of their rights. The court acknowledged that the previous order was issued without hearing the views of political parties, which formed the crux of the argument. The judges questioned the government on its stance, even asking whether only flagpoles were obstructions while statues in public spaces were not. The Bench has now invited political parties and organisations wishing to intervene in the matter to file impleading petitions by August 5, beyond which no further petitions would be accepted. The Tamil Nadu government has also been directed to issue public notices in two Tamil and two English newspapers by July 25 informing stakeholders of the opportunity to participate. Until then, the court ordered that no further flagpole removals should be carried out, and adjourned the matter to August 6 for further hearing.
New Indian Express
2 days ago
- Politics
- New Indian Express
Madras HC restrains DMK from using OTP verification as part of ‘Oraniyil TN'
MADURAI: Expressing serious concern over the safety of data privacy of voters, the Madurai Bench of the Madras High Court on Monday ordered interim injunction, restraining DMK from sending OTP verification messages to enroll voters as part of its 'Oraniyil Tamil Nadu' campaign, until the issues of voters' privacy and data protection are examined. A bench comprising justices SM Subramaniam and AD Maria Clete passed the interim order on a Public Interest Litigation (PIL) filed by S Rajkumar of Thiruppuvanam taluk in Sivaganga, seeking legal action against DMK and its functionaries for alleged unauthorised collection of Aadhaar and other personal details of individuals during the campaign. The judges directed all authorities concerned to provide details on the data privacy policy employed in the above membership drive, whether informed consent is obtained from individuals during the drive, and the purpose of collecting individual data. The union ministry of information technology, Unique Identification Authority of India (UIDAI) and the DMK are also parties to the case. The case has been adjourned for two weeks for filing counter-affidavit and supporting documents. The bench observed that freedom of political expression cannot be exercised freely if details on political affiliation are not held private. Information about a person's political beliefs can be used by the state to suppress dissent and to discriminate by denying employment and subjecting them to trolls, the judges said. Even digital membership drive by political parties is also a data privacy concern that has to be addressed, they added.
Time of India
2 days ago
- Politics
- Time of India
Madras stays OTP verification during DMK's ‘Oraniyil Tamil Nadu' drive
Madurai: on Monday ordered a limited interim injunction restraining from sending OTP verification messages during the party's enrolment drive 'Oraniyil Tamil Nadu'. The restraint order shall be in force until the issues of right to privacy and data protection are examined by the court in detail. Tired of too many ads? go ad free now A division bench of Justice S M Subramaniam and Justice A D Maria Clete, passed the interim orders on a PIL pertaining to DMK's 'Oraniyil Tamil Nadu', which is a mass membership drive organised across the state by DMK. "Digital membership drives conducted by the political parties in recent times are a new area of study, whereby there is a clear departure from the conventional modes of inducting party members. The bearing it has on the data privacy of the individual is a concern that has to be addressed. Hence, a clarity is required as to the means and infrastructure adopted by the political parties to collect, process and store data from the public. How this data is stored and processed and the implications on the right to privacy of the voter including the right to privacy of the political affiliation also ought to be examined," the judges observed. In the absence of accountability and transparency in the data collected from individuals across the state, it is an issue which needs elaborate analysis, the judges said. A valid and free consent is an essential part of such membership programmes organized by the political parties. Hence, no force or coercion shall be employed in such membership drives conducted by the political parties, they said. The judges then directed the DMK to provide details on the data privacy policy employed in this membership campaign and ensure the security of the data collected and whether 'informed consent' is obtained from the individuals in this membership drive. Tired of too many ads? go ad free now It is also to be seen if other smaller or economically challenged political parties will be put in a disadvantageous position and will disturb the level playing field in the election thereby impacting Article 14 of the Constitution, the judges observed. Justice Maria Clete, in a separate order, observed that when a query was put forth as to whether any mechanism or designated authority exists to address violations under the Digital Personal Data Protection Act, 2023, the Centre responded that rules have been framed under the Act and that the authority concerned is the joint secretary. However, the Centre sought time to verify and respond on the specific operational aspects and the institutional framework under the Act. The judge observed that she agreed to the interim order particularly in light of the serious concerns relating to personal data protection and digital privacy. However, she made it clear that such relief is extended with circumspection, particularly in the absence of a counter-affidavit and without full knowledge of the programme's operational framework. She also clarified that she did not agree with Justice Subramaniam's views pertaining to smaller or economically challenged political parties being put in a disadvantageous position. They are not immediately germane to the legal and factual matrix presently before the court, she said. The judges then ordered notice to the Centre, state and DMK and adjourned the hearing in the case by two weeks. The court passed the order while hearing a public interest litigation filed by S Rajkumar, a resident of T Athikarai village in Sivaganga district in Tamil Nadu.
Time of India
2 days ago
- Politics
- Time of India
Madras high court stays OTP verification during DMK's 'Oraniyil Tamil Nadu' enrolment drive
Madras high court MADURAI: Madras high court on Monday ordered a limited interim injunction restraining DMK from sending OTP verification messages during the party's enrolment drive 'Oraniyil Tamil Nadu'. The restraint order shall be in force until the issues of right to privacy and data protection are examined by the court in detail. A division bench of Justice S M Subramaniam and Justice A D Maria Clete, passed the interim orders on a PIL pertaining to DMK's 'Oraniyil Tamil Nadu', which is a mass membership drive organised across the state by DMK. 'Digital membership drives conducted by the political parties in recent times are a new area of study, whereby there is a clear departure from the conventional modes of inducting party members. The bearing it has on the data privacy of the individual is a concern that has to be addressed. Hence, a clarity is required as to the means and infrastructure adopted by the political parties to collect, process and store data from the public. How this data is stored and processed and the implications on the right to privacy of the voter including the right to privacy of the political affiliation also ought to be examined," the judges observed. You Can Also Check: Chennai AQI | Weather in Chennai | Bank Holidays in Chennai | Public Holidays in Chennai In the absence of accountability and transparency in the data collected from individuals across the state, it is an issue which needs elaborate analysis, the judges said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Book Now And Save up to ₹23.71L on Luxury Homes in Whitefield Sumadhura Group Learn More Undo A valid and free consent is an essential part of such membership programmes organized by the political parties. Hence, no force or coercion shall be employed in such membership drives conducted by the political parties, they said. The judges then directed the DMK to provide details on the data privacy policy employed in this membership campaign and ensure the security of the data collected and whether 'informed consent' is obtained from the individuals in this membership drive. It is also to be seen if other smaller or economically challenged political parties will be put in a disadvantageous position and will disturb the level playing field in the election thereby impacting Article 14 of the Constitution, the judges observed. Justice Maria Clete, in a separate order, observed that when a query was put forth as to whether any mechanism or designated authority exists to address violations under the Digital Personal Data Protection Act, 2023, the Centre responded that rules have been framed under the Act and that the authority concerned is the joint secretary. However, the Centre sought time to verify and respond on the specific operational aspects and the institutional framework under the Act. The judge observed that she agreed to the interim order particularly in light of the serious concerns relating to personal data protection and digital privacy. However, she made it clear that such relief is extended with circumspection, particularly in the absence of a counter-affidavit and without full knowledge of the programme's operational framework. She clarified that she did not agree with Justice Subramaniam's views pertaining to smaller or economically challenged political parties being put in a disadvantageous position. They were not immediately germane to the legal and factual matrix presently before the court, she said. The judges then ordered notice to the Centre, state and DMK and adjourned the hearing in the case by two weeks. The court passed the order while hearing a public interest litigation filed by S Rajkumar, a resident of T Athikarai village in Sivaganga district in Tamil Nadu.
