Supreme Court to consider plea contesting Aadhaar as money Bill

Mohammed Chand Shaikh I Blog Post No. 155. I Date : 26.04.2016.

In a blow to the government's reform process to transfer cash to the poor, the Supreme Court on Monday agreed to consider a plea of Congress leader Jairam Ramesh challenging Aadhaar as a money Bill.

The apex court has asked Attorney General Mukul Rohatgi to appear for it on May 10 after the case came up for consideration.

Ramesh, who had objected to the government's move to push the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill at the Rajya Sabha, moved court.

Former Finance Minister P Chidambaram, who was instrumental in introducing the direct benefit transfer (DBT) during UPA-II regime and now representing Ramesh at the Supreme Court, said the Aadhaar Bill could not have been passed as money Bill.

Passing Aadhar Bill as a money bill was "grossly unconstitutional", he said.

The move assumes importance as a Constitutional bench in Supreme Court is scrutinising the security aspects of Aadhaar and whether it can be made mandatory as a unique ID.

On March 16, the Narendra Modi government achieved a great feat by getting the Aadhaar Bill passed in Parliament, which paved the way for the government to roll out social schemes and transfer subsidies to the poor.

Tagging Aadhaar as a money Bill ensured that it pass mustre despite the fact that BJP lacked numbers in the Rajya Sabha. Opposition parties led by Congress criticised the government for tagging Aadhaar as a money Bill and highlighted chances of its misuse.

The Bill was debated at length in the Rajya Sabha and returned with some changes. However, Lok Sabha annulled the changes and passed it in mid March.

The Bill, which was moved by Finance Minister Arun Jaitley as a money Bill at the Lok Sabha in the Budget session, was justified as a money Bill as it involves government expenditure on social schemes.

Jaitley promised that the Bill ensures secrecy of data, an issue that has been red-flagged by the Supreme Court.

The Bill intends to provide for targeted delivery of subsidies and services to individuals residing in India by assigning them unique identity numbers, called Aadhaar numbers.

The Bill states that every resident shall be entitled to obtain an Aadhaar number. To obtain an Aadhaar number, an individual has to submit his biometric data such as photograph, finger print, iris scan, demographic information like name, date of birth and address.

The Bill says Unique Identification Authority (UID) may specify other biometric and demographic information to be collected by regulations.

The Bill also seeks to give a statutory status to UIDAI as an authority consisting of a chairperson, two part-time members and a chief executive officer.

The UID authority will authenticate the Aadhaar number of an individual, if an entity makes such a request. A requesting entity has to obtain the consent of an individual before collecting his information. The agency can use the disclosed information only for purposes for which the individual has given consent.

The UID authority shall respond to an authentication query with a positive, negative or other appropriate response. However, it is not permitted to share an individual’s finger print, iris scan and other biological attributes.

The UID authority shall record the entity requesting verification of a person’s identity, the time of request and the response received by the entity. The purpose for which an individual's identity needs to be verified will not be maintained.

The Bill seeks to protect information saying biometric information such as an individual’s finger print, iris scan and other biological attributes (specified by regulations) will be used only for Aadhaar enrolment and authentication, and for no other purpose. "Such information will not be shared with anyone, nor will it be displayed publicly, except for purposes specified by regulations."

The Bill lays down when information may be revealed. "In two cases, information may be revealed: In the interest of national security, a Joint Secretary in the central government may issue a direction for revealing, (i) Aadhaar number, (ii) biometric information (iris scan, finger print and other biological attributes specified by regulations), (iii) demographic information, and (iv) photograph. Such a decision will be reviewed by an Oversight Committee (comprising Cabinet Secretary, Secretaries of Legal Affairs and Electronics and Information Technology) and will be valid for six months."

On the order of a court, an individual’s Aadhaar number, photograph and demographic information, may be revealed.

The Bill mandates penalties for erring person with imprisonment up to 3 years and minimum fine of Rs 10 lakh for unauthorised access to the centralized data-base, including revealing any information stored in it. If a requesting entity and an enrolling agency fail to comply with rules, they shall be punished with imprisonment up to one year or a fine up to Rs 10,000 or Rs one lakh (in case of a company), or with both.

On cognizance of offence, the Bill states no court shall take cognizance of any offence except on a complaint made by the UID authority or a person authorised by it.

This article first appeared in  April 25, 2016

World’s largest umbrella being installed in the northern courtyard of the Grand Mosque in Makkah.

Mohammed Chand Shaikh I Blog Post No. 154. I Date : 25.04.2016.

World’s largest umbrella being installed in the northern courtyard of the Grand Mosque in Makkah. (Photo: Okaz)

Work started on Thursday for the installation of the world’s largest folding umbrella in the northern courtyard of the Grand Mosque in Makkah, Saudi Arabia.

This would be the first of the eight high-tech giant umbrellas and 54 small ones to be installed in the Grand Mosque in the coming six months.

Being manufactured in Germany, each canopy will consist of a giant clock, screens of guidelines for worshippers, air-conditioners, and surveillance cameras. Each umbrella will have a height of 45 meters and weigh 16 tons. It will give shade to an area of 2,400 square meters when open.

Some 25 engineers, specialist technicians, and safety experts from Germany will supervise the installation process and electronic operating mechanism. Another 54 small umbrellas will also be installed in the northern courtyard, covering a total area of 19,200 square meters. As part of the project, 122 benches for worshippers to take rest as well as service buildings will be built. The infrastructure work for the installation of canopies have already started.

The entire northern plaza stretching from King Fahd Expansion structure to the King Abdullah Expansion structure of the mosque will have canopies when the project is completed. The shaded area will have the capacity to accommodate around 400,000 worshippers.

The General Presidency for the Affairs of the Two Holy Mosques is supervising the project, in cooperation with specialists from the Ministry of Education and the contracting company, which is implementing the largest ever expansion of Islam’s holiest site.

In December 2014, a few weeks before his death, King Abdullah ordered the installation of umbrellas in the courtyards surrounding the Grand Mosque.

Sheikh Abdulrahman Al-Sudais, head of the presidency, announced then that the King’s order came to provide shading for external plazas, in addition to the areas approved in the King Abdullah Expansion project, with an additional area estimated at 275,000 square meters. More than 300 canopies will provide shade from the sun to the visitors of the Grand Mosque, he said.

Nearly 250 similar umbrellas have been installed on the plazas around the Prophet’s Mosque in Madinah earlier. Like blooming flowers, the umbrellas are programmed to fold and unfold in minutely delayed sequence to avoid collision between their moving parts. Their near-silent operation is automatically aligned with changes in the daily temperature. They open each morning, creating a translucent ceiling, and retract each evening in less than three minutes.

In summer, the open umbrellas provide daytime shade and reflect away much of the sun’s radiant energy. When closed at night, they allow residual heat absorbed by the stone floors and walls to escape back into the atmosphere. The process is reversed in winter. When temperatures are relatively low, umbrellas are closed during the day to allow the winter sun to warm the site, and opened at night to retain heat near ground level.

This article appeared in the Saudi Gazette .

Ration card not to be proof of address for passport

Mohammed Chand Shaikh I Blog Post No. 153. I Date : 12.03.2016. 

Ration card will no longer be accepted as a proof of identity and address along with passport application. The central government has issued a notice to this effect, which the regional passport office said would come into effect from April 1.

The External Affairs Ministry has directed all passport branches to comply with the orders. Earlier, the Ministry of Consumer Affairs, Food and Public Distribution had on December 20 discontinued accepting ration card as proof of identity and residence. It had come across cases where the details on the card had been tampered with.

“It has been seen that the ration card cannot verify the authenticity of an applicant, as people can make changes to it easily. When they migrate, they alter the details to be able to misuse the card for various purposes,” said regional passport officer Harmanbir Singh. All passports offices have to make the necessary changes to the information on their portals, run a ticker informing the public that ration card was no longer a valid proof of identity or address.

Besides the ration card, the other valid proof of address are water bill, Aadhaar card, income-tax assessment order, proof of gas connection, registered rent agreement, photo passbook of active bank account, electricity bill, and the passport copy of spouse.

Ration card will be cancelled who doesn't have Aadhar Card in Tamil Nadu.

Mohammed Chand Shaikh Blog Post No. 152. Date : 13.10.2015. 

Chennaipatrika, October 12,2015 :

Supreme Court had recently ruled that Aadhar cards are not compulsorily required to avail government welfare benefit scheme and thus, Aadhar card need to be considered as an important document as proof.

However, the Census Department has been expediting the distribution of Aadhar cards to every Indian citizen. The Census department has set a deadline till end December to complete the distribution of Aadhar card to every citizen in India.

All other districts of Tamil Nadu are nearing the target set. 78% people in Chennai have registered for Aadhar Card.

The activity of taking photogtaphs has increased as well as the number of Aadhar distribution Centres. Special camps are conducted for taking photographs. All the 15 regions under Chennai Corporation have been expediting taking photographs and Aadhar Card issuing activities.

Chennai Corporation has issued instructions to its employees to cancel ration cards and Voter IDs for the persons who do not have Aadhar cards.

An employee from Revenue department informed tat order has been issued to the employees to make house-to-house checks whether Aadhar Cards have been received. A list of people without Aadhar card will be prepared and orders have been given to cancel the ration card & Voter ID for the people in this list.

Modi 300 DAYS – Documenting Hate and Communal Violence under the Modi Regime.

Mohammed Chand Shaikh Blog Post No. 151. Date : 12.10.2015. 

Documenting Hate and Communal Violence under the Modi Regime

(With inputs from Kiren Shaheen, Liris Thomas, Mansi Sharma, Shabnam Hashmi, Shahnaz Husain, Tehmina Arora, and Vijayesh Lal)

Executive Summary:

The rape of a 70 year old Nun in West Bengal in an attack on a convent and school in February 2015 sent shockwaves throughout India, and the world. “Protect not just Cows, but human beings also,” said Cardinal Baselios Cleemis, President of the Catholic Bishops Conference. At least 43 deaths in over 600 cases of violence, 149 targeting Christians and the rest Muslims, have taken place in 2014 in India till March this year, marking 300 days of the National Development Alliance government of Mr. Narendra Modi. The number of dead is other than the 108 killed in Assam in attacks by armed tribal political groups on Muslims. Desecration and destruction of churches, assault on pastors, illegal police detention of church workers, and denial of Constitutional rights of Freedom of Faith aggravate the coercion and terror unleashed in campaigns of Ghar Wapsi and cries of Love Jihad. Since May 2014, there has been a marked shift in public discourse. There has been a relentless foregrounding of communal identities, a ceaseless attempt to create a divide between ‘us’ and ‘them’. The BJP leaders guaranteed to abuse, ridicule and threaten minorities. Hate statements by Union and state ministers, threats by Members of Parliament, state politicians, and cadres in saffron caps or Khaki shorts resonate through the landscape. But most cases go unreported, unrecorded by police.

The Prime Minister refuses to reprimand his Cabinet colleagues, restrain the members of his party members or silence the Sangh Parivar which claims to have propelled him to power in New Delhi. Mr. Modi calls for a ten-year moratorium on communal and caste violence. His government soon declares Christmas to be a “Good Governance Day” in honour of the BJP leader and former Prime Minister, Mr. Atal Behari Vajpayee. There are fears at a severe whittling down of the 15 Point Programme for Minorities, a lifeline for many severely economic backward communities, and specially their youth seeking higher education and professional training. Anyway, Mr. Modi’s “assurance” to religious minorities is challenged and countered by Mr. Mohan Bhagwat, the head of the powerful Rashtriya Swayam Sewak Sangh, who asserts, repeatedly, that every Indian is a Hindu, and minorities will have to learn their place in

he country.Speaking at the 50th Anniversary of foundation of its religious wing, Vishwa Hindu Parishad, Mr. Mohan Bhagwat, the RSS Sarsanghchalak bluntly stated that “Hindutva is the identity of India and it has the capacity to swallow other identities. We just need to restore those capacities.” In Cuttack, he asserted that India is a Hindu state and “citizens of Hindustan should be known as Hindus”. Sadhvi Prachi, a central minister, Members of Parliament Sakshi Maharaj and Adityanath are among those urging measures to check Muslims, including encouraging Hindu women to have from four to ten children each. In Madhya Pradesh, Chhattisgarh, Rajasthan and other states, the terror, physical violence and social ostracizing of Dalit and Tribal Christians, in particular, continues.

The 300 days have also seen an assault on democratic structures, the education and knowledge system, Human Rights organizations and Rights Defenders and coercive action using the Intelligence Bureau and the systems if the Foreign Contributions Regulation Act and the Passport laws to crack down on NGOs working in areas of empowerment of the marginalized sections of society, including Dalits, Tribals, Fishermen and women, and issues of environment, climate, forests, land and water rights. This report is focused on issues of communally targeted violence and the politics of hate and divisiveness that emanates from a thesis of religious nationalism.

JOHN DAYAL

Mr. Sakshi Maharaj, a god-man, and an influential member of the Parliament on behalf of the Bharatiya Janata party which now governs India has demanded the death sentence for persons who convert [Hindu] persons to other religions. As Indian TV and Print media quoted him, the saffron-clad ascetic politician told a religious gathering in the state of Uttar Pradesh that each Hindu woman should mother four children in order to protect the predominance of Hindus, India’s largest religious group. “Wait for some time,” local media quoted him as saying. “A law will be passed in Parliament in which anyone indulging in cow slaughter and conversion will be punished with the death sentence.” Maharaj said that Indians of Muslim, Christian and other religious faiths who convert to Hinduism, euphemistically Ghar Wapsi or Home-Coming, will not be subjected to the same punishment, as they were all once Hindus.

This is part of a vicious hate campaign which is endorsed by the leadership of the Rashtriya Swayam Sewak Sangh to which the top echelons of the Bharatiya Janata Party and the Ministers of the National Democratic Alliance Government are faithful members. The hate fuels the physical violence, many incidents of police complicity, and State impunity in the persecution of the Christian community in many states of India. The Prime Minister, Mr. Narendra Modi, is yet to comment on, much less castigate, the RSS and its affiliate organizations by name, choosing repeatedly to equate “majority and minority” groups in the one statement he made at a function of the Syro Malabar

Human Rights and Civil Society groups have documented at least 43 deaths in over 600 cases of violence, 149 targeting Christians and the rest Muslims, have taken place in 2014 in India till March this year, marking 300 days of the National Development Alliance government of Mr. Narendra Modi. The Christian Persecution data lists 168 cases. An analysis of the Christian data alone shows Chhattisgarh topping the list with 28 incidents of crime, followed closely by neighbouring Madhya Pradesh with 26, Uttar Pradesh with 18 and Telengana, a newly carved out of Andhra Pradesh, with 15 incidents. Of the deaths in communally targeted violence, two were killed in Orissa and Telengana, 8 in Gujarat, 12 in Maharashtra, 6 in Karnataka and 25 in Uttar Pradesh. Apart from these, 108 people were killed in Assam in attacks by Bodo militant groups. Much of the violence has taken place after the new government of the National Democratic alliance headed by the Prime Minister, Mr. Narendra Modi, came into power on 26 May, 2014.

The violence peaked between August and October with 56 cases, before zooming up to 25 cases during the Christmas season, including the burning of the Catholic church of St Sebastian in Dilshad garden in the national capital of New Delhi. The violence has continued well into the New Year 2015, with more Catholic churches in the city targetted as incidents continue in other states. Much of the violence, 54 percent, is of threats, intimidation, coercion, often with the police looking on. Physical violence constituted a quarter of all cases, (24 per cent), and violence against Christian women, a trend that is increasingly being seen since the carnage in Kandhamal, Odisha, in 2007 and 2008, was 11 per cent. Breaking of statues and the Cross and other acts of desecration were recorded in about 8 per cent of the cases, but many more were also consequent to other forms of violence against institutions. A disturbing trend was rising communal violence in West Bengal where the BJP and the RSS have redoubled their efforts to fill what they see is a political vacancy following the decline of the Communist Party of India Marxist and the Congress party in recent times.

The rape of the aged Catholic Nun in a Convent and School in Ranaghat in West Bengal, is the most horrendous crime reported in the first quarter of 2015. According to the complaint lodged by the school, seven to eight armed people overpowered the security guard and stormed its compound around 2.30am. Stayed for two hours, raping the Nun, desecrating the Chapel, and then, as one Sister told the police, treated themselves to “imported chocolates, cake and pastries” meant for the students. A police report submitted to the state government said the criminals were “not locals” and this is a pre-planned on the school and sisters.

Pakistan Tourism Development Corporation appoints Sakshi Maharaj as its Indian Brand Ambassador.

Mohammed Chand Shaikh Blog Post No. 150. Date : 12.10.2015. 

World News Express, October 11, 2015,  Islamabad : Sakshi Maharaj, India’s popular religious leader, and Member of Parliament from Unnao Lok Sabha constituency where he elected in May, 2014, has been appointed as brand ambassador of Pakistan’s tourism authority, Pakistan Tourism Development Corporation today.

“We have so much confidence and trust in the leadership of Sakshi Maharaj and his statements, he always remembers Pakistan in India in his daily statements”, said spokesperson of Pakistan Tourism Development Corporation.

“We are always keen to read news about Sakshi Maharaj and his statements which always promote our peaceful country Pakistan”, he added.

“We are not a popular travel destination in India due to our bad image but Sakshi Maharaj always tries to promote our country in every manner of publicity, which is liked by the top leaders of Pakistan”, he further added.

It is known that Sakshi Maharaj didn’t leave any chance to promote Pakistan in India by his statements.

To make India like Pakistan, Sakshi Maharaj advised Hindu women to have at least four children. It is the same ideology which Pakistan implemented and reached at the highest level of development.

Sakshi Maharaj also finds Pakistanis who are in India, and tries to convince them to return to their country for better development. Few days ago he said “Azam Khan is a Pakistani and has faith in Pakistan’s political force,”

“We are more than happy to appoint Sakshi Maharaj, the most respected person in India as our brand ambassador to promote our country among 125 crore people”, said

Pakistan Tourism Development Corporation is also in-talks with another BJP leader Giriraj Singh to make him brand ambassador of the corporation for India besides Sakshi Maharaj.

“BJP leader Giriraj Singh is also known personality in India who is trying to promote Pakistan among non-BJP voters”, said by one of top officials of Pakistan Tourism Development Corporation on condition of anonymity.

Image Credit: ANI

South Africa files defamation case against Indian Prime Minister Modi in International Court of Justice

Mohammed Chand Shaikh Blog Post No. 149. Date : 12.10.2015. 

World News Express , Cape Town:  After Indian Prime Minister Modi’s tweet comparing Parkash Singh Badal, an Indian politician with South Africa’s father of nation, Nelson Mandela, the Government of South Africa filed defamation case against the leader of India in the International Court of Justice, Hague.

PM Modi said: “There is a special family about whom pages are  written in history even if their fingernails break. Very few people know that Badal Saheb is Nelson Mandela of India, who has spent nearly two decades in jail only because of political differences.”

Prime Minister Modi tweeted the following,

After tweet, Twitterati started trending ##YoBadalSoMandela to protest against the Prime Minister of India’s statement.

“It’s a complete insult to our Father of Nation by comparing India’s ordinary politician”, a netizen from South Africa tweeted.

To calm down the protest situation in South Africa, the Government of South Africa filed a defamation case against the Indian Prime Minister Modi in the International Court of Justice, Hague for the insulting father of the nation of the country.

International Court of Justice, Image Credit: MercoPress (South Atlantic News Agency)

“Our government filed a defamation case against the Indian Prime Minister Modi personally, but our relationship with India will not be affected. We share a strong relationship with India since centuries”, said by an official of the Federal Government of South Africa on condition of anonymity to the World News Express.

“It’s a serious defamation case and International Court of Justice will act according to international law”, said an expert of international law to the World News Express in a telephonic talk on condition of anonymity.

“South Africa used our father of the nation’s name with Nelson Mandela by saying South Africa’s Gandhi. So, we used the Nelson Mandela’s name to give respect to our respected leader Parkash Singh Badal by saying India’s Nelson Mandela”, said by intellectual BJP and Modi supporter to World News Express.

News first published on October 12, 2015 @ 12:30 PM (IST).

A List Of All States Which Have Banned Beef

Mohammed Chand Shaikh Blog Post No. 148. Date : 07.10.2015. 

Beef ban across India

1. Jammu and Kashmir
The Jammu and Kashmir High Court has banned the sale of beef across the state, in a public interest litigation against cow slaughter. CNN-IBN reported that Kashmir valley shops are still selling beef, for now.

2. Andhra Pradesh
Slaughter of cows (heifer or calf) is prohibited. Bull and bullock slaughter is allowed via a "fit-for-slaughter" certificate, if the animal does not have value for breeding or draught/agricultural operations.

3. Assam
Cattle slaughter is only allowed in Assam after a "fit-for-slaughter" certificate (if cattle is 15+ of age, or can’t work or breed due to disease or injury)

4. Bihar
Cow and calf slaughter is banned in Bihar. Bulls or bullocks slaughter (of over 15 + age or unable to be used for work or breeding) is allowed.

5. Daman and Diu
Cow slaughter is only allowed if the cow suffers from pain or contagious disease, or for medical research. Beef sale is banned everywhere. 

6. Delhi
Slaughter of all cattle for agricultural purpose is banned, but buffalo slaughter is legal. 

7. Gujarat
Slaughter of all cattle is prohibited,  but buffalo slaughter of buffaloes is allowed on certain conditions. 

8. Haryana
Cow slaughter is prohibited, and so is beef sale. Restaurants can only serve beef if they can prove that the meat has been imported into Haryana. 

9. Himachal Pradesh
Cow slaughter is prohibited.

10. Karnataka
Slaughter of cow, calf of a cow (male or female) or calf of a she-buffalo is banned. Bull and buffalo slaughter is allowed, based on a "fit-for-slaughter" certificate.

11. Madhya Pradesh
Bulls and bullocks can be slaughtered if they’re over 15 years or are unfit for work or breeding. You can’t buy or sell beef here. 

12. Maharashtra
There’s a ban on cow slaughter, sale export and possession, while buffalo slaughter is allowed based "fit-for-slaughter certificate"

13. Odisha
Cow slaughter is banned, while bull salguther is allowed based on a "fit-for-slaughter" certificate. 

14. Puducherry
Ban on cow slaughter, while bulls and bullocks slaughter is allowed based on "fit-for-slaughter" certificate. You can’t sell or transport beef here. 

15. Punjab
Cow and buffalo slaughter is banned, and so is export. However, restaurants can serve imported beef. It is not illegal to consume beef here. 

16. Sikkim
Beef is common here. 

17. Telengana
Cow slaughter is prohibited, while slaughter of bulls and bullocks is allowed.

18. Uttar Pradesh
You can’t transport cows outside the State for slaughter or sell beef.

(Inputs from Mumbai Mirror) 

Election Commission stops linking Aadhaar with voter Identity Card

Mohammed Chand Shaikh Blog Post No. 147. Date : 14.08.2015. 

The Election Commission on Thursday suspended its nationwide campaign to link Electoral Photo Identity Card (EPIC) of every voter with his or her Aadhaar number issued by the Unique Identification Authority of India (UIAI).

The EC’s move came following the Supreme Court’s August 11 order not to use the information obtained by UIDAI for issue of Aadhaar card for any purpose other than distribution of foodgrains, cooking gas and kerosene or criminal investigation.

“All further activities relating to collection/feeding/seeding of Aadhaar number being undertaken currently under the NERPAP (National Electoral Roll Purification and Authentication Programme) shall be suspended with immediate effect till further directions from the Commission,” the poll panel stated in a letter sent to Chief Electoral Officer of all the states.

“In other words,” the EC clarified, “henceforth, no more collection of Aadhaar numbers from electors or feeding/seeding of collected Aadhaar numbers shall be done by any election authority or official connected with the NERPAP.”

The EC launched the NERPAP on March 3 last with a target to complete the nationwide exercise by August 15.

The NERPAP was intended to link EPIC data maintained with EC with Aadhaar data of the UIADI and authenticate the genuineness of electors, in addition to ensuring that no elector can have multiple entries in the Electoral Rolls from different locations or from different states.

The Supreme Court on August 11 ordered that the production of the Aadhaar card would not be the condition for obtaining any benefit otherwise due to a citizen.

For Passport, Birth Certificate Requirement Waived For Orphans.

Mohammed Chand Shaikh Blog Post No. 146. Date : 27.05.2015. 



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Mohammed Chand Shaikh Blog Post No. 145. Date : 23.05.2015. 



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Mohammed Chand Shaikh Blog Post No. 144. Date : 09.05.2015. 



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Mohammed Chand Shaikh Blog Post No. 143. Date : 04.05.2015. 



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