TV crew with satellite phones held in Dooars
- 22 satellite phones found with group
OUR CORRESPONDENT
Jalpaiguri, Feb. 9: Three foreigners shooting a reality show in eastern India have been arrested in the Dooars for using satellite phones without the permission of Indian authorities.
According to police, 22 satellite phones were found in possession of the TV show team.
Police sources said they had not found any espionage angle in the case yet. The trio also said in court that they had made a “mistake” by not taking permission of Indian authorities to use the satellite phones.
The TV show that the group was shooting was Peking Express. The Dutch reality show that started in 2004 has several versions across Europe. In each episode of Peking Express, couples have to navigate unknown territory in a foreign country. Among the 51 foreigners in Chulsa, 85km from Siliguri, 33 were participants from Belgium, France, the Netherlands, Spain, Germany, Italy and England.
Everester Basanta Singha Roy, when asked about the importance of satellite phones in unknown terrain, said “it is an essential tool for anybody who embarks on mountaineering”, but he also stressed that it was important to take permission from authorities.
The crew told the police that the satellite phones were given to the participants of the show to track their location as cellphone connections may not have worked everywhere.
Jawed Shamim, the inspector-general of police, north Bengal, said: “A foreigner has to give a declaration to immigration officials at the airport confirming whether he or she is carrying a satellite phone. There is a specific column in the form at the immigration counter where the foreign national has to give a declaration about the gadget. In this case, the accused suppressed the fact to immigration officials that they were carrying the gadgets…. Even if a foreigner gives declaration to immigration officers, he or she has to get permission from the ministry of external affairs for using the gadget. The users failed to produce such a permission allowing them to use the gadget.”
The three — Benoit Marie Theresez Boakman of Belgium, Wadhen Kerstian from Germany and Dan Mitson who is British — have been remanded in police custody for two days and have been charged under Section 20 of the Indian Telegraph Act, according to which anyone working within India in contravention of the act may be imprisoned for up to three years. The trio have also been charged under the IPC Section 120 B (criminal conspiracy), Section 175 (omission to produce document or electronic record) and Section 177 (giving false information).
A police source said an intelligence input about a satellite phone link reached police a few days ago. While chasing the satellite phone signals, the police came to know that the phones had travelled through Assam and Myanmar. Initially, the police suspected the gadget was being used by the KLO. Surveillance was intensified because Mamata Banerjee is scheduled to visit Jalpaiguri on February 12.
Swarup Mondal, the lawyer who appeared on behalf of the arrested men, said his clients were innocent. “They did not know the rules and have apologised. The police asked for seven days’ remand. The judge granted two days’ police custody.” the lawyer said.
http://www.telegraphindia.com/1140210/j ... 918856.jsp
In an earlier case, Darjeeling police had arrested Petr Svacha, an entomologist, and Emil Kucera, a forester, on June 22, 2008, for allegedly collecting beetles from the Singalila National Park without permission. Both are Czech nationals.
Svacha was let off with a fine of Rs 20,000, and described as a “victim of circumstances”, by the chief judicial magistrate’s court in Darjeeling. Kucera was sentenced to three years imprisonment and slapped a fine of Rs 60,000. But Kucera disappeared in October 2008, when he was out on bail.
Everester Basanta Singha Roy said before one starts climbing, “he should get permission from telecom authorities to use the satellite phone. The climber should also register his name and the number of the satellite phone with the police station under which the base station is located. The security agencies generally get concerned when they receive signals from satellite phones in border areas as they suspect that some foreigners have intruded. The intelligence agencies check with the local police station to find out if anybody has sough permission to use the phone.”
http://www.rediff.com/news/report/how-i ... 140212.htm
How illegal sat phones are a big headache for intelligence agencies
The arrest of three foreigners in connection with a case relating to possession of satellite phones once again goes on to show the lacklustre approach many have towards the Indian law. Three persons were arrested at Jalpaiguri in west Bengal for possessing satellite phones and were charged with violation under the Indian Wireless Telegraph Act 1933, Indian Telegraph Act 1885, the Indian Penal Code and the Foreigners Order of 1948.
There is a clear rule in India which bans the use of satellite phones and even if foreigners coming in with valid documents permitting them to carry such phones, the Indian authorities reserve the right to deny them such permissions.
There are a host of issues that our agencies face when a satellite phone is used in India. In case it is being used for terrorism related activities, it is extremely difficult for the agencies to track the same real time.
Moreover, getting the records is another problem as it would depend entirely on the country’s satellite through which the phones have been linked. India is still coming to terms with scanning the internet and call data, and at such a juncture, it is an extremely difficult job to track satellite phones.
A satellite phone connects to satellites unlike the normal cell phone which is connected to the terrestrial mobile sites. They bypass the local telecom system which means the agencies are unable to track the conversation. It also hinders any wiretapping attempt as a result of which it is completely not accessible to any sort of tapping or even tracking. Further it also interferes with the signals that are picked up at the army stations and also by intelligence agencies.
There have been instances to show that it also interferes with the normal police signals.
In the case of the foreigners from Britain, Germany and Belgium, it was found that none of them had valid permits to carry the phones. Although there has been nothing shady found on them, the fact remains that they have violated a clearly written Indian law.
Police officials say that these persons were carrying the phones as they had been told that the place where they were visiting had low mobile signals. Moreover, they would also not be able to use the internet due to the bad signals. Only a satellite phone which provides call, internet and texting features can receive signals in such remote areas
Indian rules have become even more stringent post the 26/11 attacks where it was found most of the communication from Pakistan was done on a satellite phone and the Indian agencies could not intercept any of the calls.
Use of the satellite phone violates Section 4 of the Indian telegraph act of 1885. As per the rule, anyone wishing to carry a satellite phone into India, need to first obtain a licence. The same ought to be furnished before the jurisdictional police. These persons are also required to furnish a declaration to the custom officials in which they need to mention the brand, serial number and part number of the phone.
When persons with satellite phones land in India, the mandate is that the phone is first seized by the customs. Only after they obtain a licence from the department of telecommunications, can they clan claim their phones back. After these procedures are done, then the Indian authorities normally rope in Tata Communications as the phone would be linked to their satellite.
Considering this is an in-house service for India, it is easier to keep a tab on the use of the satellite phone.
Police officials point out that the said persons clearly ignored the note by the Indian embassy which clearly states, “Anyone who uses a telegraphic device which includes a satellite phone without authorisation violates Section 4 of the Indian Telegraphic Act.”
Officials say that despite so many checks and balances, it is quite surprising how they manage to smuggle such phones past the airport. In many cases, it has been found that the customs did not check the baggage properly.
Custom officials are well aware of the rules but despite that in many cases, those carrying in the phones have told them they would obtain permission once out of the airport.
The law:
The use of any telegraph services/ devices including wireless is regulated by the Indian Telegraph Act, 1885. As per existing guidelines issued by Department of Telecommunications, INMARSAT Satphones excluding BGAN system can be used by the government, corporate houses, members of mountaineering expeditions and other such categories with prior permission from the DoT.
It may be noted that Thuraya Satphone service is not permitted in India. Anyone using a satellite phone without prior permission of DoT violates the Indian Telegraph Act and can be penalised under that Act.
Moreover, such phone being brought in baggage/hand baggage are liable to confiscation/detention in the absence of a license from the DoT. The No Objection Certificate for carrying a satphone into India is issued by the DoT on a case by case basis.
A national of Israel wishing to carry an INMARSAT terminal into India should apply for NOC to the CS Cell, DoT, Room No.1204, Sanchar Bhawan, 20 Ashoka Road, New Delhi-110 001. A copy of such application may also be sent to Embassy of India (Consular Wing).
Details of the procedure can be obtained from the DoT website.
http://www.rawstory.com/rs/2014/02/10/e ... te-phones/
Three members of a television crew shooting top European reality TV series “Peking Express” have appeared in court in eastern India after being arrested for possessing unauthorised satellite phones, police said Monday.
The trio — from the Netherlands, Belgium and Britain — were remanded in police custody for two days after being arrested on Saturday over the use of 22 unregistered satellite phones.
Foreigners wanting to use a satellite phone in India, a frequent target for attacks from Kashmiri, Pakistani and Maoist militants, must declare them to immigration officials.
“Peking Express” is a hit reality TV show that tracks eight couples as they backpack around Asia on a shoe-string budget. It was originally shown in the Netherlands and Belgium but has since appeared in 10 countries.
Police said the crew were shooting for the French version of the show, broadcast on the M6 channel, and were working for Belgian production company Eccho Line.
Presenter Stephane Rotenberg said Indian authorities were holding the other crew members at their hotel.
“We are stuck. There are armed guards at the hotel entrance,” he said on French radio.
“We’re not allowed to move, we don’t have our passports. It will get sorted out, but we don’t know when.”
A total of 49 foreigners travelling near the border of India and Bhutan were detained and questioned on Saturday over the phones, which are considered a national security threat.
“Three people heading the foreign reality TV show crew in Chalsa were arrested and produced before a court on Sunday,” Jawed Shamim, inspector general of police in the northern area of West Bengal state, told AFP.
“Chief judicial magistrate of Jalpaiguri court remanded the three people in police custody for two days on Sunday,” he said.
