The Honourable Chief Justice,
Hon.Supreme Court of India.
POSTAL ADDRESS VERIFICATION OF, PREPAID MOBILE PHONE APPLICANT :
RESPECTED & HONOURED SIR,
WE WITHIN A SHORT PERIOD OF TIME, ARE IN THE PROCESS OF MOVING THE SUPREME COURT REGISTRY - TO EXTEND OUR PETITION IN LEGAL FORMAT !!
HOWEVER WITH THE SUBJECT BEING OF ADVERSE IMPLICATIONS FOR MOST OF THE BIG TELECOM GIANTS, WHO TOGETHER MATCH THE SIZE OF THE ECONOMY OF OUR NATION, I FELT IT BEST AS A PRECAUTIONARY MEASURE, TO KEEP, THE APEX COURT OF OUR NATION, POSTED ON THE SENSITIVE SUBJECT MATTER, WHILE WE EXECUTE THE - FILING OF THE, FORMAL LEGAL CASE !!
FINALLY IT IS REQUESTED OF THE HONOURED COURT, TO BE ACCOMMODATIVE, IN CASE I HAVE WASTED THE VALUABLE TIME OF THE COURT OR BREACHED ANY LEGAL STANDARD, IN MY ENDEAVOUR TO HIGHLIGHT THE
WHICH I AS A RESPONSIBLE, BUT LEGALLY POOR CITIZEN, EVALUATED -
TO BE FIT FOR CORRECTION.
ADDITIONALLY SIR, IF YOU CAN PLEASE ACCOMMODATE THE SUBJECT MATTER, FOR CONSIDERATION ON PRIORITY - IT MIGHT BE CONTRIBUTIVE OF SAVING OF LIVES OF, MANY INNOCENT CITIZENS OF OUR NATION, WHO UNNECESSARILY BECOME VICTIMS OF VARIOUS CRIMINAL & TERRORIST ACTIVITIES ALONG WITH, CONTRIBUTING TO PREVENTING CASUALTIES OF OUR LAW KEEPERS, WHO DEDICATE THEIR LIFES TO THE SERVICE OF THE NATION.
This is draw your most desired attention towards the current state of affairs pertaining to the perils of cellular Mobile trade, with reference to - PREPAID CONNECTIONS BEING OFFERED BY THE SERVICE PROVIDERS !!
A] The matter being brought to your notice is about the rampant flouting of concerns regarding national security, by the service providers, while selling - prepaid Mobile connections.
The service providers, in paper have multiple procedures in place, which point at the healthy state of affairs, whereas the actual scenario is very different.
B] Goaded by cut through competition, the telecom service providers are compelling the trade channel to sell preactivated SIM. cards, despite no-no by TRAI.
SIMS. activated on documents of bona fide customers are being hawked for ( Rs.10) in the streets.
The modus operandi is as follows -
I] The service providers in their keenness to drive up their subscriber base - (subscriber base is a determining factor to the credentials of the organization and acts as a catalyst to fulfill, the needs of finance by shoring up valuations and other required inputs, for the organization), resort to multiple strategies.
a] Offer incentives to the trade channel on new connections.
b] There is a time gap between, activating the connection and submitting the documents to the organization.
c] There is a long list of DOES AND DONTS - extended to the trade channel to ensure indemnity to the service providers, but it is the service providers themselves who ensure non compliance to the rules, by execution of following strategies -
A] The distributors of the brand which the service providers own, are not provided adequate financial compensation to cover the cost of compliance which by default, ensures non compliance.
B] Distributor are in a do or die situation. If they do not achieve set targets dictated by service providers, their business is at stake, so rather than putting business at stakes, they find it better to compromise with the specified compliance parameters, on documentation.
C] The service providers by themselves know best how many, new subscribers are dormant (non usage even after activating a new connection) but still run after dream targets and manipulate the entire set of defined rules and regulations, to achieve their aspirations, on adding to the subscriber count.
D] Some operators make it specific that physical verification will be carried out, only on consumers who appear positive during the process of executing telecalling and refrain from verifying the address of - NON RESPONDING CONSUMERS.
Thousand of S.I.M. cards are activated by the trade, in active collaboration by representatives of the service providers !! The operators turn a blind eye to the happenings.
Incentives to the retail channel are the primary driving tool, along with arm twisting of the distributors.
The honorable court of law would be surprised to know that, the service providers turn a blind eye to any abnormal activity -
like ( 1000) activation happening from a site, in a single day, which generates an average of (100) activations in a day.
My petition is to stop these malpractices and to activate prepaid connections of proposed users, only of after physical verification of - the domicile of the applicant.
"THE DIFFERENCE BETWEEN PERPAID AND POST PAID IS OF PAYMENT MECHANISM AND NOT OF ADDRESS VERIFICATION AND NON VERIFICATION" !!
I do not emphasize that
(100%) misuse of mobile phone connections will stop, but surely the probability of misuse will reduce phenomenally.
For example - police is criticized regularly for it's inefficiency, but can anyone calculate a scenario when police will not be on duty for
(24Hours). I am sure that once mobile phones are activated by physically verifying the addresses, the security seenario in the state will improve remarkably.
Further today when roaming rates are rock bottom, visitors of other parts will need not suffer, as they use to experience before !!
Additionally roaming customers, can get the address of local coapplicant verified physically, if the need is for a longer tenor.
"SIR, IT IS BEYOND DOUBT THAT THE PROBABILITY OF AN ADRESSES BEING TAMPERED IS FAR LOWER, THAN THAT OF DOCUMENTS" !!
There is hardly any crime in which the involvement of mobile phones is missing.
More importantly in case of heinous crimes like terrorism, the involvement of falsely procured mobile connections, is at its zenit.
Practically all systems which exist in papers and implemented as process, by mobile phone operators are an eye wash, which contributes to the enhanced security threat of the nation and it's unsuspecting citizens.
"PINPOINTING RESPONSIBILITY IN CASE OF NON COMPLIANCE TO ADDRESS VERIFICATION IS FAR MORE EASIER AND ACCOUNTABLE, THAN IN CASE OF NON COMPLIANCE TO DOCUMENTATION" !!
"MANIPULATING A DOCUMENT AND MANIPULATING AN ADDRESS ARE VASTLY DIFFERENT SCENARIOS, WHILE FORMER IS VERY COMFORTABLY POSSIBLE, THE LATTER IS VERY DIFFICULT" !!
*****I wonder, for how long will the lives of ordinary citizens, who are not covered by Z- category security, do not travel by charter transport, will be put to risk, to fill the coffers of mobile operators,
(in the name of tele density) - who have brought license at cheap rates. In fact some operators have managed to generate windfall profits, even without commencing their services !!
I speculate that the honored court of law, would ask for credible proof to substantiate all that has been communicated.
As a novice to the legal system, I can only suggest that mobile operators and law keepers will be in the best position to dispose before the honored court of law on the following material facts :-
1] How many consumer activated in any particular month, recharge their accounts in the subsequent month ??
It will help throw light on the fact that, most of dormant connections are not of actual users but dummies, who help operators to better their subscriber count.
2] How many instances of abnormal new connections arise in any given period ??
It will help throw light on the fact of bulk activations, with actual consumer being non present, just for the sake of target fulfillment !!
Example - If a particular distributor does ( 9000) new activation in a month but in a given day does (500) Nos., it is a sure sign of false activations.
3] What is the time lapse between a connection getting activated and it reaching the operator ??
Even if the lapse is of (24) hours, it is alarming, since even a few minutes are enough for a crime to be executed by someone, who is criminally inclined.
Further the police department cannot deny of the fact that, at times innocents have been subject to unnecessary problems, since the connection under scrutiny, were taken under false documents.
Every time there has been a high decibel criminal activity, mobile traders with average credentials are picked up for interrogation, whereas the mobile operators emerge unscratched.
Added to those is the prevailing factors of much higher level of safety, between a document specific system and the one driven by physical verification.
I am sure that there will be lot of opposition to the plea of mine, from some very influential people and a battery of lawyers put up to oppose my case, but to them my only question will be -
"that if among them is any single person whose spouse, child or parent has been unfortunately a victim of any crime in which non legimate mobile phone played a catalyst, should identify himself and defend his argument" !!
I wonder how many more innocent lives have to be sacrificed in the name of telecom revolution.
The revolution will continue to exist even if customers avail connections post verification of documents and domicile.
Your honour, even if the process of physical verification takes (7) days, there will be no new prepaid connections activated during the intervening period of first 7days only (from the date the order is passed) but after that once the system rolls out, every thing will normalize except of DUBIOUS connections !!
To sum it up, my only humble request the highest chair is to consider the case being extended to your most honored and logical evaluation.
The fact that mobile connections are also used to send text messages - both through mobile based and internet based platforms, has in fact, contributed to the enhanced need of accountability for the mobile phone connections.
Lastly but not the least, I would repeatedly insist on repeating the under mentioned -
1] The difference between a prepaid and post paid mobile
(G.S.M OR G.P.R.S) connection is of payment mechanism and not of address verification and non verification.
2] The probability of a physical address being tampered with, is by far lower than that of documents.
3] In name of teledensity, the lives of non suspecting ordinary citizens and their right to live in peace and security cannot be denied.
Sir, in addition to the above, for existing prepaid users too, a process of physical verification should be initiated.
To suffice the cost factor, the operators can roll of special vouchers, the recharge of which will be an acknowledgement, by the subscriber, of his willingness to get an address audit executed.
Customers who do not execute the recharge request, will have their connections disconnected, post a specified deadline.
Bona fide consumer, whose address verification is negative, can extend fresh documents and get their address reaudited.
It is being most respectfully requested, to adopt the matter for your esteemed consideration !!
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