Airliners-India.com

[karatecatman]

TIMES OF INDIA
Britons carrying 'powerful binoculars' held in Delhi

Agencies
Feb 16, 2010


New Delhi: Two British nationals were detained by the Intelligence Bureau (IB) and Delhi Police from Radisson hotel in Delhi on Monday after the hotel authorities complained that the duo was acting suspiciously.

"They checked into the hotel on Feb 13 and hotel authorities informed us after they found their activities suspicious. We are questioning them," a police officer said.

Police have recovered powerful binoculars from Stephen Hampston and Steven Martin who were staying at the hotel, which is close to the airport.

Police have also recovered sophisticated equipment used to view aircraft at a great distance from them. Hotel authorities say one of the spent several hours looking through the binoculars at the airport, thus heightening suspicion.

However, the city police have said that they have not found anything incriminating against the duo. Delhi has been on high alert since Saturday after a blast in Pune that left nine people dead and several injured.


Spotters and misunderstanding?

[rutvij]

NDTV reported them 'carrying Mobile Radars' !

[karatecatman]

www.indiatvnews.com/news/India/Two_British_Nationals_Detained_Near_Delhi_Airport-1746.html

Security officials swooped on the hotel, where the two had checked in on February 13 – and found that the duo was carrying sophisticated equipments – including a gadget, which when opened up, can be attached to an antennae and can be used to “monitor air traffic” and “capture details of any aircraft in the airspace at that time”.

Sources said experts were examining the equipment, which once functional, as disclosed by the two, could capture details of aircrafts hundreds of kilometres away. Also recovered from them were maps of the IGI airport downloaded from Google, binoculars, cameras and other equipments.

Multi-Agency Centre (MAC) has been intimated about the developments.As per the initial interrogation, the two were identified as Stephen Hampston, who is in his mid-40s and Steven Martin, 56. The two, sources said, are British nationals. Their passport details are, however, being verified. Hotel authorities tipped-off security agencies when they found their activities suspicious. They were supposed to have checked-out on Tuesday.

The device, sources said, can be used to zoom-in on any airliner. “It is still not clear if the equipment had been used to gather information about aircrafts parked at the airport and movement of flights but this remains a possibility,” sources said. The two told interrogators that the equipment was used for “aeroplane spotting”, which they was their hobby.



***

Intelligence agencies have now cleared most of their software.

TV news going crazy.

[AirIndia0001]

[rutvij]

Could be an ATC Scanner. If i were to spot alone at an unknown airport, I'm bound to carry Google Maps Screenies, Airport Info and all other such relevant Info.

The main thing is what kind of software were they using? DGCA/AAI hasn't started Live streaming. What could that be? Fligthstats ? That can be a 'software' in pandus language !

[karatecatman]

GOOGLE
Two Britons detained near Delhi airport
(AFP)
4 hours ago
Feb 16, 2010

NEW DELHI — Two British nationals have been detained for questioning in the Indian capital for alleged suspicious behaviour near the international airport, police said Tuesday.

New Delhi police spokesman Rajan Bhagat told AFP the men were being interrogated at the Radisson hotel near the airport for "suspicious activity," but would not comment on reports they had equipment to track aircraft.

The Hindustan Times identified the men as Stephen Hampston, in his mid-40s, and 56-year-old Steven Martin, and said they were detained Monday night at the hotel after staff informed intelligence agencies.

The Press Trust of India news agency said police found sophisticated equipment on the two men which could be capable of tracing far-off aircraft, including military planes.

"The equipment, which is believed to have the capacity to track an aircraft which is around 100 kilometres (62 miles) away, is being examined by experts," PTI quoted an unnamed senior police official as saying.

The news agency reported the men told officials the equipment was meant for planespotting.

Other media reports said the men were carrying a map of the international airport but no links to terrorist activity had been established.

The popular planespotting website www.airliners.net has a member called Steve Martin based in Britain, though AFP was unable to confirm if this was the same man detained in Delhi.

India has been on a heightened state of alert after a deadly restaurant bombing in the western city of Pune on Saturday killed nine people, including two foreigners.

It has also been on the defensive after revelations that David Coleman Headley, a US citizen and key suspect in the 2008 Mumbai attacks, visited India numerous times as a tourist.

[karatecatman]

DAILY MAIL UK
Two Britons arrested in Delhi hotel for 'plane-spotting activities'

Mail Foreign Service
16th February 2010

Two Britons have been arrested in the Indian capital for 'suspicious plane-spotting activities'.

Steven Martin, 56, and Stephen Hampston, in his mid-40s, were arrested at the Radisson Hotel in Delhi on Monday evening.

Police sources said the pair were carrying sophisticated equipment, including high-powered binoculars, cameras and a gadget used to monitor air traffic and capture details of any plane in the air at any time.

Google maps of Indira Gandhi International Airport, which is near the hotel, were also found on a laptop being used by one of the men.

The pair are denying the charges and claim they were simply in the capital on a plane-spotting trip.

Similar to train spotting, the hobby of observing and logging aircraft registration numbers is practised by thousands of people across the world.

A police source said: 'It is not clear if the equipment had been used to gather information about aircraft parked at the airport and movement of flights, but this remains a possibility.'

The men checked into the five-star hotel on Saturday and were given a room on the fourth floor overlooking the airport.

They were due to leave today, but staff became suspicious after they did not emerge from their room for 24 hours.

Police were called and security agencies arrested the pair in their room.

Rajan Bhagat, a Delhi Police spokesman, said: 'We are questioning them, but we have not revealed any of their details as nothing adverse has been found yet.'

It is not clear whey the travelled from or what their plans were after they left the hotel, which is popular with travellers due to it being just two miles from the airport.

Indian intelligence agencies are on high alert after the deadly bomb blast in Pune, near Mumbai, on Saturday night.

Nine people were killed when a bomb was detonated in the popular German Bakery.


The British High Commission in Delhi has confirmed the men's arrest.

A spokesman said: 'We are aware about the detention of two Britons and we are offering them consular access.'

Fourteen Britons were charged with espionage in 2001 after they were arrested outside an air base in Greece whilst plane spotting. They were later acquitted on appeal.

***

Suspicious: Steven Martin and Stephen Hampston were arrested at the Radisson Hotel in New Delhi over alleged 'plane-spotting activities'

High alert: TV Satellite vans line up outside the hotel as the story broke. Police said they found sophisticated equipment in the men's room


Checks: Security personnel search a car outside the hotel. India is on heightened alert after a bomb killed nine people in Pune, near Mumbai, on Saturday



Alert: Google maps of Indira Gandhi International Airport, in New Delhi, were also discovered on a lap top in the men's room (file picture)

Charges: 14 British plane spotters were charged with espionage after they were arrested at a Greek airbase in 2001 for plane spotting. They were later acquitted


***

TV channels may end up with a lot of egg on their faces --- screens!

[karatecatman]

Their detention comes as another British citizen, Andy Pag, awaits trial in the north Indian state of Rajasthan on terrorism charges for possessing a satellite telephone without a licence.

Mr Pag, a 35-year-old "eco-adventurer", was arrested on January 11 after entering India from Pakistan while trying to drive around the world in a bus powered by bio-fuel.

He says he was unaware that satellite phones required a licence in India, and denies any involvement in terrorist activity.

India is especially sensitive about satellite telephones as they were used by the gunmen who staged the militant attack on Mumbai which killed more than 160 people in November 2008.

[iflytb20]

[Devesh]

Have spoken to HT, TOI, and Dainik Bhaskar and extolled spotting. Also informed them about API being the first officially recognised spotting group in the country.

Can I request Delhi folks to please keep an eye out and let us see if we can turn this unfortunate incident in to a positive step for spotting in India.

@iflytb - similar. They were using an AirNav RadarBox same ADS-B decoder. Now that is a stupid move given the high security atmosphere.

Why on earth did these two not contact any of us India based spotters?
_________________
----------------------
Devesh
Bangalore Aviation

[rutvij]

Thats whats baffling! Why use that just 2 days after the Pune blast, with all the vigil around. Did they not watch the bunkers at IGI ?

[SEANDSILVA]

[ssbmat]

Request all well-meaning enthusiasts and spotters to verify antecedents before establishing contact with unknown entities..proceed with caution.

[Devesh]

I sent all the dope to HT, TOI and Dainik Bhaskar. Can someone from Delhi check out the papers and oblige.

HT has printed a weak article http://epaper.hindustantimes.com/Default.aspx?Id=6A536947677658557661376967714532634E513455612F4650417577507A397653657654655375515A55773D.

TOI appears better
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2010/02/17&PageLabel=2&EntityId=Ar00201&ViewMode=HTML&GZ=T

http://epaper.timesofindia.com/Default/Client.asp?Daily=CAP&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW&GZ=T
_________________
----------------------
Devesh
Bangalore Aviation

[vivekman]

Great job Devesh on letting everyone know that spotting is a harmless hobby, and plane-spotters are not criminals!

The reason why these two Britons got into trouble was because they decided to do things on their own. This ain't no Britain, and one cannot just use such "sophisticated" equipment here without raising an eyebrow or two. The least that they could have done is let the hotel authorities know in advance about what they were planning to do.

These guys should have ideally contacted local spotters, who could have then guided them according to the prevailing security situation.

Very unfortunate, but Devesh has rightly managed to sieze this opportunity to publicise plane-spotting in India.

- Vivek
_________________
Boeing makes planes. Airbus makes videogames!

[karatecatman]

More trash

MID-DAY
Plane watching Brits' e-mails under scanner
Prawesh Lama
2010-02-17

The police and Intelligence Bureau are also checking cell phone records

The room service usually expects good tips from foreign guests, but Stephen Hampston and Steven Martin were different. So different, in fact, that the Radisson Hotel staff had to report to the police about their "suspicious activities".

The two British national, who were detained for questioning by the Delhi Police on Monday evening, were lodged in the room number 400 and had given strict "don't disturb" instructions to the room service.
The security officials swooped upon the hotel after they were tipped off about the two 'suspects' in the wake of heightened alert due to Pune blast.

Though they were let off after questioning and were allowed to return to the hotel, the police have seized their laptop and mobile phones and checking them for any leads.
Several sophisticated gadgets were seized from the duo's possession, including an equipment that can be attached to an antennae and can be used to monitor air traffic and capture details of any aircraft in the airspace at that time.

They also had Google maps of the nearby Indira Gandhi International Airport, binoculars and cameras. They told the police that they used the gadgets for aeroplane spotting which they pursued as a hobby.
Hampston and Martin had checked into the hotel on February 13.

"We are checking their laptop to see if they had gathered some data and whether they forwarded it to somebody by e-mail. We are also verifying cell phone records," said a police official.
The two are also believed to have recorded the conversations between the pilot and the air traffic control.
During the day, the two were jointly interrogated by the Special Cell of the Delhi Police and the Intelligence Bureau.

The police have not given them a clean chit as yet. Rajan Bhagat, Delhi Police Public Relations Officer said, "We are not holding them and allowed them to stay in the hotel only. The investigation is still on and it will be too early to say anything."

[karatecatman]

RTT

India's Home Ministry asked the Delhi Police to initiate action against the Britons for possible violation of provisions of the Indian Telegraph Act. These include gaining unauthorised access to ATC conversations and endangering aviation safety by using gadgets that could interfere with flight instructions. It is not known yet whether they would be charged with spying.

Indian Telegraph Act still has rules that date back to the early 19th Century.

[karatecatman]

THE INDIAN TELEGRAPH ACT, 1885

No. 13 of 1885

An Act to amend the law relating to Telegraphs in India

WHEREAS it is expedient to amend the law relating to telegraphs in India; It is hereby enacted as follows:-

PART I

PRELIMINARY



1. Short title, local extent and commencement. – (1) This Act may be called the Indian telegraph Act, 1885.
[(2) It extends to the whole of India.]

(3) It shall come into force on the first day of October, 1885.
2. Repeal and savings. [Rep. By the Repealing Act, 1938 (1 of 1938,) sec.2 and Sch.]

3. Definitions. – in this Act, unless there is something repugnant in the subject or context, -


[(1) "telegraph" means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means.

Explanation. – "Radio waves" or "Hertzian waves" means electro-magnetic waves of frequencies lower than 3,000 giga-cycles per second propagated in space without artificial guide;]
(2) "telegraph officer" means any person employed either permanently or temporarily in connection with a telegraph established, maintained or worked by [the Central Government] or by a person licensed under this Act;

(3) "message" means any communication sent by telegraph, or given to telegraph officer to be sent by telegraph or to be delivered;

(4) "telegraph line" means a wire or wires used for the purpose of a telegraph, with any casing, coating, tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same;

(5) "post" means a post, pole, standard, stay, strut or other above ground contrivance for carrying, suspending or supporting a telegraph line;

(6) "telegraph authority" means the Director General of [Posts and Telegraphs], and includes any officer empowered by him to perform all or any of the functions of the telegraph authority under this Act;

(7) "local authority" means any municipal committee, district board, body of port commissioner or other authority legally entitled to, or entrusted by" the Central or any State Government] with, the control, management of any municipal or local fund.




--------------------------------------------------------------------------------

PART II

PRIVILEGES AND POWERS OF THE GOVERNMENT

4. Exclusive privilege in respect of telegraphs, and power to grant licenses.

(1) Within [India], the Central Government shall have exclusive privilege of establishing, maintaining and working telegraphs:

Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of [India]:

[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-

(a) of wireless telegraphs on ships within Indian territorial waters [and on aircraft within or above [India], or Indian territorial waters], and

(b) of telegraphs other than wireless telegraphs within any part of [India].

(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of it its powers under the first proviso to sub-section (1).

The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.]

[5. Power for Government to take possession of licensed telegraphs and to order interception of messages. – (1) On the occurrence of any public emergency, or in the interest of the public safety, the Central Government or a State Government or any officer specially authorized in this behalf by the Central Government or a State Government may, if satisfied that it is necessary or expedient so to do, take temporary possession (for so long as the public emergency exists or the interest of the public safety requires the taking of such action) of any telegraph established, maintained or worked by any person licensed under this Act.

(2) On the occurrence of any public emergency, or in the interest of the public safety, the Central Government or a State Government or any officer specially authorized in this behalf by the Central Government or a State Government may, if satisfied that it is necessary or expedient so to do in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order:

Provided that press messages intended to be published in India of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under this sub-section.

6. Power to establish telegraph on land of Railway Company:- Any Railway company, on being required so to do by the Central Government, shall permit the Government to establish and maintain a telegraph upon any part of the lank of the Company, and shall give every reasonable facility for working the same.

[6A. Power to notify rates for transmission of messages to countries outside India – (1) The Central Government may, from time to time, by order, notify the rates at which, and the other conditions and restrictions subject to which messages shall be transmitted to any country outside India.

(2) In notifying the rates under sub-section (1), the Central Government shall have due regard to all or any of the following factors, namely:-

(a) the rates for the time being in force, for transmission of messages, in countries outside India;

(b) the foreign exchange rates for the time being in force;

(c) the rates for the time being in force for transmission of messages within India;

(d) such other relevant factors as the Central Government may think fit in the circumstances of the case.]

7. Power to make rules for the conduct of telegraphs – (1) The Central Government may, from time to time, by notification in the Official Gazette, make rules consistent with this Act for the conduct of all or any telegraphs established, maintained or worked by the Government or by persons licensed under this Act.

(2) Rules under this section may provide for all or any of the following among other matters, that is to say:-

the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted [within India];

the precautions to be taken for preventing the improper interception or disclosure of messages;

the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph officers shall be preserved;

the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer;

the conditions and restrictions subject to which any telegraph line, appliance of apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected;

[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;]

f. the charges in respect of –

i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus;

ii) the services of operators operating such line, appliance or apparatus;

g. the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working repair, transfer of shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system where under such rights and obligations attach by virtue of rules made under this section;

h. the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees;

i. the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person –

where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or

where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person;

j. the principles according to which and the authority by whom the compensation referred to clause (i) shall be assessed;

[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charges for admission to such examinations;] and

k. any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this act.

(3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same:

Provided that the fines so prescribed shall not exceed the following limits, namely:-

When the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every day after the first during the whole or any part of which the breach continues.

When a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i).

[(4) Nothing in this section or in any rules made hereunder shall be construed as –

precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or

subjecting the Central Government to any obligation to provide any telegraph line appliance or apparatus for the purpose of affording means of telegraphic communication.

[(5) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days [which may be comprised in one session or in two or more successive sessions, and it, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]]

[7A. Saving of existing agreements – Nothing in section 7 shall authorize the making of any rules determining any agreement entered into by the Central Government with any person before the commencement of the Indian Telegraph (Amendment) Act, 1957 (47 of 1957), relating to the establishment, maintenance or working of any telegraph line, appliance or apparatus for telegraphic communication; and all rights and obligations there under relating to such establishment, maintenance or working hall be determined in accordance with the terms and conditions of such agreement.

7B. Arbitration of disputes – (1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by arbitration and shall, for the purposes of such determination, be referred to an arbitrator appointed by the Central Government either specially for the determination of that dispute or generally for the determination of disputes under this section.

(2) The award of the arbitrator appointed under sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned in any court.]

8. Revocation of licenses – The Central Government may, at any time, revoke any license granted under section 4, on the breach of any of the conditions therein contained, or in default of payment of any consideration payable there under.

9. Government not responsible for loss or damage – The Government shall not be responsible for any loss or damage which may occur in consequence of any telegraph officer failing in his duty with respect to the receipt, transmission or delivery of any message; and no such officer shall be responsible for any such loss or damage, unless he causes the same negligently, maliciously or fraudulently.


--------------------------------------------------------------------------------

PART III

POWER TO PLACE TELEGRAPH LINES AND POSTS

10. Power for telegraph authority to place and maintain telegraph lines and posts – The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon any immovable property:

Provided that –

the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the [Central Government], or to be so established or maintained;

the [Central Government] shall not acquire any right other than that of user only in the property under, over, along, across in or upon which the telegraph authority places any telegraph line or post; and

except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and

in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.

11. Power to enter on property in order to repair or remove telegraph lines or posts – The telegraph authority may, at any time, for the purpose of examining, repairing, altering or removing any telegraph line or post, enter on the property under, over, along, across, in or upon which the line or post has been placed.

Provisions applicable to property vested in or under the control or management of local authorities

12. Power for local authority to give permission under section 10, clause (c), subject to conditions – Any permission given by a local authority under section 10, clause (c), may be given subject to such reasonable conditions as that authority thinks fit to impose, as to the payment of any expenses to which the authority will necessarily be put in consequence of the exercise of the powers conferred by that section, or as to the time or mode of execution of any work, or as to any other think connected with or relative to any work undertaken by the telegraph authority under those powers.

13. Power for local authority to require removal or alteration of telegraph line or post – When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property vested in or under the control or management of a local authority, and the local authority, having regard to circumstances which have arisen since the telegraph line or post was so placed, considers it expedient that it should be removed or that its position should be altered, the local authority may require the telegraph authority t remove it or alter its position, as the case may be.

14. Power to alter position of gas or water pipes or drains – The telegraph authority may, for the purpose of exercising the powers conferred upon it by this Act in respect of any property vested in or under the control or management of a local authority, alter the position there under of any pipe (not being a main) for the supply of gas or water, or of any drain (not being a main drain):

Provided that –

when the telegraph authority desires to alter the position of any such pipe or drain it shall give reasonable notice of its intention to do so, specifying the time at which it will begin to do so, to the local authority, and, when the pipe or drain is not under the control of the local authority, to the person under whose control the pipe or drain is;

a local authority or person receiving notice under clause (a) may send a person to superintend the work, and the telegraph authority shall execute the work to the reasonable satisfaction of the person so sent.



15. Disputes between telegraph authority and local authority – (1) If any dispute arises between the telegraph authority and a local authority in consequence of the local authority refusing the permission referred to in section 10, clause (c), or prescribing any condition under section 12, or in consequence of the telegraph authority omitting to comply with a requisition made under section 13, or otherwise in respect of the exercise of the powers conferred by this Act, it shall be determine by such officer as the [Central Government] may appoint either generally or specially in this behalf.

(2) An appeal from the determination of the officer so appointed shall lie to the [Central Government]; and the order of the [Central Government] shall be final.



Provisions applicable to other property

16. Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority – (1) If the exercise of the powers mentioned in section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them.

(2) If, after the making of an order under sub section (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for this being exercised, he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860).

(3) If any dispute arises concerning the sufficiency of the compensation to be paid under section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him.

(4) If any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the Court of the District Judge such amount as he deems sufficient or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount; and the District Judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it.

(5) Every determination of a dispute by a District Judge under sub-section (3) or sub-section (4) shall be final:

Provided that nothing in this sub-section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the person who has received the same.

17. Removal or alteration of telegraph line or post on property other than that of a local authority – (1) When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the telegraph authority to remove or alter the line or post accordingly:

Provided that, if compensation has been paid under section 10, clause (d) he shall, when making the requisition, tender to the telegraph authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever may be the smaller sum.

(2) If the telegraph authority omits to comply with the requisition, the person making it may apply to the District Magistrate within whose jurisdiction the property is situated to order the removal or alteration.

(3) A District Magistrate receiving an application under sub-section (2) may, in his discretion reject the same or make an order, absolutely or subject to conditions, for the removal of the telegraph line post to any other part of the property or to higher or lower level or for the alteration of its form; and the order so made shall be final.,

Provisions applicable to all property

18.Removal of trees interrupting telegraphic communication – (1) If any tree standing or lying near a telegraph line interrupts, or is likely to interrupt, telegraphic communication, a Magistrate of the first or second class may, on the application of the telegraph authority, cause the tree to be removed or dealt with in such other way as he deems fit.

(2) When disposing of an application under sub-section (1), the Magistrate shall, in the case of any tree in existence before the telegraph line was placed, award to the persons interested in the tree such compensation as he thinks reasonable, and the shall be final.

19. Telegraph lines and posts placed before passing of this Act.-Every telegraph line or post placed before the passing of this Act under, over, along, across, in or upon any property, for the purposes of a telegraph established or maintained by the [Central Government], shall be deemed to have been placed in exercise of the powers conferred by, and after observance of all the requirement of, this Act.

[19 A. Person exercising legal right likely to damage telegraph or interfere with telegraphic communication to give notice – (1) Any person desiring to deal in the legal exercise of a right with any property in such a manner as is likely to cause damage to a telegraph line or post which has been duly placed in accordance with the provisions of this Act, or to interrupt or interfere with telegraphic communication, shall give not less than one month’s notice in writing of the intended exercise of such right to the telegraph authority, or to any telegraph officer whom the telegraph authority may empower in the behalf.

(2) If any such person without having complied with he provisions of sub-section (1) deals with any property in such a manner as is likely to cause damage to any telegraph line or post, or to interrupt or interfere with telegraphic communication, a Magistrate of the first or second class may, on the application of the telegraph authority, order such person to abstain from dealing with such property in such manner for a period not exceeding one month from the date of his order and forthwith to take such action with regard to such property as may be in the opinion of the Magistrate necessary to remedy or prevent such damage, interruption or interference during such period.
(3) A person dealing with any property in the manner referred to in sub-section (1) with the bona fide intention of averting imminent danger of personal injury to himself or any other human being shall be deemed to have complied with the provisions of the said sub-section if he gives such notice of the intended exercise of the right as is in the circumstances possible, or where no such previous notice can be given without incurring the imminent danger referred to above, if he forth with gives notice of the actual exercise of such right to the authority of officer specified in the said sub-section.

19B. Power to confer upon licensee powers of telegraph authority under this Part – The Central Government may, by notification in the Official Gazette, confer upon any licensee under section 4, in respect of the extent of his license and subject to any conditions and restrictions which the Central Government may think fit to impose and to the provisions of this Part, all or any of the powers which the telegraph authority possesses under this Part with regard to a telegraph established or maintained by the Government or to be so established or maintained:

Provided that the notice prescribed in section 19A shall always be given to the telegraph authority or officer empowered to received notice under section 19A(1).


--------------------------------------------------------------------------------

PART IV

PENALTIES

[20. Establishing, maintaining or working unauthorized telegraph – (1) If any person establishes, maintains or works a telegraph within [India] in contravention of the provisions of section 4 or otherwise than as permitted by rules made under that section, he shall be punished, if the telegraph is a wireless telegraph, with imprisonment which may extend to three years, or with fine, or with both, and in any other case, with a fine which may extend to one thousand rupees.

(2) Not withstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), offences under this section in respect of a wireless telegraph shall, for the purposes of the said Code, be bailable and non-cognizable.

(3) When any person is convicted of an offence punishable under this section, the Court before which he is convicted may direct that the telegraph in respect of which the offence has been committed, or any part of such telegraph, be forfeited to Government.]


[20A. Breach of condition of license – If the holder of a license granted under section 4 contravenes any condition contained in his license, he shall be punished with fine which may extend o one thousand rupees, and with a further fine which may extend to five hundred rupees for every week during which the breach of the condition continues.]

21. Using unauthorized telegraphs – If any person, knowing or having reason to believe that a telegraph has been established or is maintained or worked in contravention of this Act, transmits or receives any message by such telegraph, or performs any service incidental thereto, or delivers any message for transmission by such telegraph or accepts delivery of any message sent thereby, he shall be punished with fine which may extend to fifty rupees.

22. Opposing establishment of telegraphs on railway land – If a Railway Company, or an officer of a Railway Company, neglects or refuses to comply with the provisions of section 6, it or he shall be punished with fine which may extend to one thousand rupees for every day during which the neglect or refusal continues.

23. Intrusion into signal-room, trespass in telegraph office or obstruction – If any person –

without permission of competent authority, enters the signal-room of a telegraph office of the Government, or of a person licensed under this Act, or

enters a fenced enclosure round such a telegraph office in contravention of any rule or notice not to do so, or

refuses to quit such room or enclosure on being requested to do so by any officer or servant employed therein, or

willfully obstructs or impedes any such officer or servant in the performance of his duty,

he shall be punished with fine which may extend to five hundred rupees.

24. Unlawfully attempting to learning the contents of messages – If any person does any of the acts mentioned in section 23 with the intention of unlawfully learning the contents of any message, or of committing any offence punishable under this Act, he may (in addition to the fine with which he is punishable under section 23) be punished with imprisonment for a term which may extend to one year.

25. Intentionally damaging or tampering with telegraphs – If any person, intending –

a) to prevent or obstruct the transmission or delivery of any message, or

b) to intercept or to acquaint himself with the contents of any message, or

c) to commit mischief,

damages, removes, tampers with or touches any battery, machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof,

he shall be punished with imprisonment for a term which may extend to three years, or with fine or with both.

[25A. Injury to or interference with a telegraph line or post – If, in any case not provided for by section 25, any person deals with any property and thereby willfully or negligently damages any telegraph line or post duly placed on such property in accordance with the provisions of this Act, he shall be liable to pay the telegraph authority such expenses (if any) as may be incurred in making good such damage, and shall also, if the telegraphic communication is by reason of the damage so caused interrupted, be punishable with a fine which may extend to one thousand rupees:

Provided that the provisions of this section shall not apply where such damage or interruption is caused by a person dealing with any property in the legal exercise of a right if he has complied with the provisions of section 19A (1).]

26. Telegraph officer or other official making away with or altering, or unlawfully intercepting or disclosing, messages, or divulging purport of signals – If any telegraph officer, or any person, not being a telegraph officer but having official duties connected with any office which is used as a telegraph office.

willfully, secrets, makes away with or alters any message which he has received for transmission or delivery, or

willfully, and otherwise than in obedience to an order of the Central Government or of a State Government, or of an officer specially authorized [by the Central or a State Government] to make the order, omits to transmit, or intercepts or detains, any message or any part thereof, or otherwise than in pursuance of his official duty or in obedience to the direction of a competent Court, discloses the contents or any part the contents of any message, to any person not entitled to receive the same, or

divulges the purport of any telegraphic signal to any person not entitled to become acquainted with the same,

he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.


27. Telegraph officer fraudulently sending messages without payment – If any telegraph officer transmits by telegraph any message on which the charge prescribed by the [Central Government], or by a person licensed under this Act, as the case may be, has not been paid, intending thereby to defraud the [Central Government], or that person, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
28. Misconduct – If any telegraph officer, or any person not being a telegraph officer but having official duties connected with any office which is used as a telegraph office is guilty of any at of drunkenness, carelessness of other misconduct whereby the correct transmission or the delivery of any message is impeded or delayed or if telegraph officer loiters or delays in the transmission or delivery of any message, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

29. [Sending fabricated messages] Rep. By the Indian Telegraph (Amendment) Act, 1971 (33 of 1971), sec 4.

[29A. Penalty – If any person, without due authority, -

makes or issues any document of a nature reasonably calculated to cause it to be believed that the document has been issued by, or under the authority of, the Director-General of [Posts and Telegraphs], or
makes on any document any mark in imitation of, or similar to, or purporting to be, any stamp or mark of any Telegraph Office under the Director General of [Posts and Telegraph], or a mark of a nature reasonably calculated to cause it to be believed that the documents so marked has been issued by, or under authority of, the Director-General of [Posts and Telegraphs],
he shall be punished with fine which may extend to fifty rupees.]

30. Retaining a message delivered by mistake – If any person fraudulently retains, or willfully secretes, makes away with or detains a message which ought to have been delivered to some other person, or, being required by a telegraph officer to deliver up any such message, neglects of refuses to do so, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
31. Bribery – A telegraph officer shall be deemed a public servant within the meaning of sections 161, 162, 163, 164 and 165 of the Indian Penal Code (45 of 1860); and in the definition of "legal remuneration" contained in the said section 161, the word "Government" shall, for the purposes of this Act, be deemed to include a person licensed under this Act.

32. Attempts to commit offences – Whoever attempts to commit any offence punishable under this Act shall be punished with the punishment herein provided for the offence.

[karatecatman]

CALCUTTA TELEGRAPH
But a senior officer found the plane-spotting explanation intriguing. “They were recording conversations between pilots and the air-traffic control (ATC). That is shocking. They said it was their hobby. It is a dangerous hobby and a major security concern for us. We are checking if they have violated the Indian Telegraph Act,” the officer said.

[HAWK21M]

Spotting is different...When you use sophisticated equipment in a tense atmosphere...The Authorities will act until they find the people innocent.
_________________
Think of the Brighter side !!!

[haree]

If these guys really turn out to be anti-socials, the spotters community would face the worst of times in the coming days!

[karatecatman]

Britons found intercepting ATC-pilot conversation
17 Feb 2010

ET Bureau

NEW DELHI: Taking serious views of two British nationals found tracking the Indira Gandhi International Airport runway from the nearby Radisson Hotel and intercepting conversations between ATC and pilots with the help of sophisticated gadgets, the home ministry has asked the Delhi Police to initiate action them for possible violation of the Indian Telegraph Act.

“The ministry has asked them to look at provisions of the Indian Telegraph Act that the British nationals may have violated,” sources here said adding that the two detained foreigners had not only erred by gaining unauthorised access to ATC conversations but also endangered aviation safety by using gadgets that could interfere with flight instructions.

The British nationals, identified as Stephen Hampston and Steven Martin, were detained after they were found surveying the tarmac with the help of binoculars and other sophisticated gadgets, besides carrying maps. They were detained by the Intelligence Bureau and Delhi Police and interrogated for suspicious activity.

Though the two are said to have claimed that surveying airports was only a hobby, this has not washed with the security agencies. They are in no mood to let them off and want to set a precedent for others who may try to survey vital installations such as airports in the name of hobby, by registering a police case against the two.

Meanwhile, interrogation of the detained Britons may continue before they are giving a clean chit as far as spying charges are concerned.

[rutvij]

So, is an ATC scanner illegal in India ?

[karatecatman]

Delhi police sources said the two Britons had called up the hotel from London before their trip to India and demanded a particular room which would overlook the international airport.

[Devesh]

Hopefully it will get printed.

Dear Sir

Plane spotting is a perfectly legal and harmless activity. The efforts and skills of spotters is enjoyed across the world in the form of great photographs of airplanes. Across the world, including India, spotters have a track record of assisting aviation security agencies in their constant vigil. In Bangalore, the API is a recognised spotting group. After complete security verification we are issued airport ID badges and we assist the local airport agencies in their observation tasks.

Recognising the hobby, the DGCA has very kindly permitted photography of aircraft and civilian airports since 2004. While I do not condone the manner in which the two British spotters conducted their spotting, I am concerned by extreme reaction of the Home Ministry and hope this incident does not put spotting, as an activity, into jeopardy in India.

It is ironic that the government is thinking of charging the two British spotters under the archaic Indian Telegraph Act which the British rulers formulated 125 years ago to control the colonies that the same British, today, allow the scanner to used in their own country in recognition of the equipments' benign nature.

Spotters on occasion use scanners which can listen to ATC frequencies. Scanners are freely available across the world from global companies. With the high levels of automation in the skies today, no confidential information is communicated over an open radio. Spotters normally only obtain the flight number from listening to a scanner. Airplanes follow pre-determined routes, and the maps of these routes and of Indian civil airports are freely and legally available from the DGCA website as per requirements of the International Civil Aviation Organisation.

The AirNav RadarBox these two British spotters used is also freely available as is the Base Station software. Again this box uses openly available data via ACARS or Aircraft Communications Addressing and Reporting System which is a digital data-link system for transmission of short and simple messages between aircraft and ground stations, and is used by most airlines in the world today. Just today a domestic airline advertised the fact that it uses ACARS to accurately record arrival and departure times of its flights. Airports provide real time flight information to passengers on their websites using ACARS or similar data-links which highlights the benign nature of the equipment.

The manner is which these two British spotters conducted our hobby given the tense situation may be suspect, but the hobby if anything is helpful and support of aviation and aviation security. I humbly request the Ministry of Civil Aviation to recognise the vital role played by spotters and use this incident to make the hobby of plane spotting official by issuing official IDs to spotters after verifying our antecedents.

----------------------
Devesh Agarwal
Co-Founder
Aviation Photographers India

Bangalore Aviation
http://www.bangaloreaviation.com

Comments please. Can we all write similar letters to TOI and use this opportunity to get something positive going at MoCA ?
_________________
----------------------
Devesh
Bangalore Aviation

[rutvij]

^ Great work there, Devesh. Hope it gets printed, for the sake of aviation.

[Nilanjon]

Devesh, a school pal of mine is TOI resident editor in Pune. I can send this write-up to him.

[karatecatman]

Archaic British law comes handy to book two Britons

STAFF WRITER

New Delhi, Feb 16 (PTI) An archaic British law may now come handy for the Government which is likely to book two British nationals under the provisions of Aircraft Act and Indian Telegraph Act after the security agencies recovered a photo of an aeroplane on the tarmac from them.

While the two British nationals, who continued to remain detained for the third day today, had been saying that recording pilot-Air Traffic Control conversation was their hobby, also known as "plane spotting", the Government maintained that the duo should be booked so that it acted as a deterrent in the future, official sources said.

The duo -- Stephen Hampston (46) and Steve Martin (55) -- staying at the posh Radisson hotel near Indira Gandhi International Airport, were detained on February 14 along with hi-tech equipment used for recording conversation between the ATC and the pilot, besides a high-powered binocular.

[Devesh]

[vikramv2]

My two cents...

1. This should never have caused trouble in most countries, but has in India, simply because spotting, observing of aviation is almost an unknown. Inspite of efforts by certain members of our community, it is a long long way off from recognition.

2. The two nationals should know better than to do it in places like India, where they may/may not have known about spotting activities...

3. I hope this does not lead to more clampdown of spotting activities at a time when the Bangalore gang has got official recognition from BIAL for spotting. I hope we can continue the trend for other cities. I was recently in Zurich, and I had loads of fun spotting at ZRH.


p.s:I should be posting some pics today in our pics section....
_________________
http://airliners1.com

Visit my photostream @flickr at http://www.flickr.com/photos/26842543@N07/

[karatecatman]

[iah87]

With the hightened security in most countries, even a simple task as taking a photo in the airport area is now a cause for concern for the security agencies. I dont even know if taking a photo in a plane while flying in India is allowed any more.

These two Britons should have known about that.

However it is unfortunate that security agencies are now classifying this as a "dangerous hobby". I am sure after a few more enquiries these two Britons will be released. But in India, this will be the norm.

[AirIndia0001]

Cannot say much about the West but in India, the bureaucracy has always found it convenient to hide their shortcomings by either denying or preventing in the name of some "official secrets act" or the much abused "security concerns".
Even if the MoCA sees the benefits of engaging the spotting community in India, trust the MHA babus to oppose this. They will make a big hue and cry of this incident and try to prevent this "dangerous hobby" from spreading. After all, they are under pressure and need to be seen to be doing "something" to strengthen internal security.

[ssbmat]

I dont see why people in the forum are so riled up about the action of the authorities. Just because you can do plane-spotting in UK wherever, doesnt mean you can do it in India! And certainly not with radio equipment..

Each country has its own way of enforcing laws and rules as they see fit. It doesnt mean we should emulate the 'West' in all aspects of social life.

Try to do plane spotting in Beijing, China, or Riyadh, Saudi Arabia, with such equipment..

[vivekman]

[vt-ala]

Well it's easy to blame the authorities for being high handed, but in these troubled times one should be thankful if we haven't gone back to the 'Shoot First, Ask Questions Later' policy adopted by Punjab Police back in the 80s and 90s. Don't get me wrong but imagine this...

2 days after Pune blasts a bunch of guys lock themselves up in a hotel room overlooking one of the most sensitive airports in India. They've been seen with big binoculars, cameras, and some electronic gizmos which squawk radio communication. They put up a Do Not Disturb sign for more than 16 hrs and don't ask for any room service.

Who would blame the hotel or the security agencies after such a scenario? I would in fact lay the blame squarely on our own community for doing little or nothing in making the authorities aware of our existence. Apart from Devesh and gang in BLR I don't think anything worthwhile has been done.

On the other hand, I would also like to highlight the steps taken by the Indian Rail Fan community (Train Photography at stations is equally illegal) who at their own local level have made friends with the PR officers, local station masters and other Railways' officials who not only are now aware, but also support their efforts. Earlier, station officials and railway police have been known to detain trains spotters, confiscate their cameras and create a lot of nuisance in general. Now the situation is that even the Railway Board Chairman presided over their annual convention. I'm just drawing a parallel to highlight what is possible.

The fact remains that if we don't want ourselves in similar trouble - then the onus is on us to make the authorities and the community aware of our existence and our intentions. Otherwise, this will soon become a common occurrence.

[karatecatman]

DNA
No terror link charges against 2 Britons established: Police
February 18, 2010

New Delhi: Delhi police has not established any terror link against two Britons detained for allegedly recording conversation between pilots and the Air Traffic Control.

"We have not pressed charges against them till now. No terror link has been established. We are exploring whether they could be booked under the Indian Telegraph Act and Aircraft Rule," a senior police official said.

Stephen Hampston, 46, and Steve Martin, 55, whose movements were restricted by police to a posh hotel, were detained by The Foreigner Regional Registration Offices (FRRO) yesterday.

Authorities are considering booking the duo under Section 25 of Indian Telegraph Act which prohibits interception. If convicted, the duo may have to undergo imprisonment for a maximum of three years, or with fine or with both, the official said.

The Britons, employed with railways in UK, were confined to Radisson Hotel near international airport here from Monday
night after the hotel staff reported about their "suspicious" activities.

The duo, who were in possession of sophisticated equipment, claimed they were into plane-spotting and it was their hobby.

"The Britons were taken to Lampur detention centre and they will stay there till verification is complete. Various agencies, including National Investigation Agency, Intelligence Bureau and Delhi police have interrogated them," he said.

The Union home ministry had on Tuesday asked Delhi police to examine whether the provisions of the Indian Telegraph Act
be invoked against them.

Besides examining the sophisticated equipment, investigators checked hard disks of their laptops and e-mails sent by them.

Sources said the British nationals had called up the hotel from London before their trip, specifically demanding a room overlooking the international airport.

This is the second incident of a foreign national being detained in the capital in past one week. An American citizen Winston Marshall Carmichael was detained at the airport here on February nine after security personnel detected a knife in his hand baggage.

[Nimish]

[himmat01]

^^^

Let's delete all the pictures we have posted on the net. I don't want to be arrested.
_________________
Save Maharashtra!

[Devesh]