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Delhi HC stays probe order into 9 Sahara group companies

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The Delhi High Court has stayed an order issued by the Centre against nine Sahara Group of Companies, in which the government asked the investigating officials to submit a probe report of the companies.

“… We hereby stay the operation, implementation and execution of the orders dated October 31, 2018, and October 27, 2020, passed by the respondents as well as subsequent actions and proceedings initiated pursuant thereto, including coercive proceedings and look-out notices, qua the petitioners herein, till the next date of hearing,” the bench of Chief Justice D.N. Patel and Justice Jyoti Singh said in an order dated December 13, 2021.

As per the October 31, 2018 order passed by Registrar of Companies (ROC), Mumbai, investigation was directed into the affairs of three Companies — Sahara Q Shop Unique Products Range Limited, Sahara Q Gold Mart Limited, and Sahara Housing Investment Corporation Limited.

Six more Companies — Aamby Valley Limited, Qing Amby City Developers Corporation Ltd., Sahara India Commercial Corporation Limited, Sahara Prime City Ltd., Sahara India Financial Corporation Limited, Sahara India Real Estate Corporation Limited were also ordered to be probed.

The Sahara argued that there is no reason that has been assigned in the government order as to why it was considered necessary that an investigation be made against the companies.

It was categorically mentioned that the Investigation Report shall be submitted by the Inspectors to the Central Government within a period of three months.

However, no such report was rendered within three months and in fact even today, despite the passage of more than three years, the investigation is still ongoing, the Sahara group argued.

“Section 212(3) of the Companies Act stipulates that where the investigation into the affairs of a company has been assigned by the Central Government to SFIO, it shall submit its report to the Central Government within such period as may be specified in the order, which in the present case was three months, in the order. Thus, there is a clear violation of statutory mandate in the present case by Respondents in continuing the investigation after the lapse of the period of three months,” the company’s counsel said.

He further said, even a plain reading of the provisions of Section 219 (a) to (d) leaves no doubt that there must be some affiliation between the Company under investigation and other Body Corporate during the relevant time. It is completely vague and silent on the affiliation between the six Companies sought to be investigated into and the earlier three Companies under investigation, he added.

Petitioners have clearly averred the writ petition that the six Companies have never been, at any relevant time, the Subsidiary Companies or the Holding Companies of the three Companies already under investigation.

The Sahara Group also categorically denied that these six companies were ever managed by any person as Managing Director/Manager, who is the Managing Director/Manager of any of the three Companies under investigation.

It is further denied that the Board of Directors of any of the said six companies are or were comprised of nominees of any of the three Companies, whose affairs are being investigated into, pursuant to the order.

Therefore, the investigation initiated is per se illegal, being contrary to the statutory provision, the group said.

Crime

Badlapur Rape Accused Akshay Shinde’s Family Terms His Death As Planned Encounter; ‘They Killed Him,’ Says Grieving Mother

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Badlapur Rape Accused Akshay Shinde's Family Terms His Death As Planned Encounter; 'They Killed Him,' Says Grieving Mother

Mumbai: The death of Akshay Shinde, man accused of sexual assault of two minors, while in police custody has triggered a political controversy in Maharashtra. Shinde, who had been working as a sweeper at a Badlapur school, was accused of sexually assaulting two minor students. His death occurred near the Mumbra Bypass while he was being transferred from Taloja jail to Badlapur for further investigation on September 23.

The Maharashtra government claims police acted in self-defence, but Shinde’s family alleges foul play, calling it an ‘encounter’ and demanding justice. Meanwhile, opposition parties are calling for a judicial probe.

Allegations By Akshay Shinde’s Family

Following the incident, Shinde’s body was taken to JJ Hospital for a post-mortem. Outside the hospital, his mother and uncle voiced their suspicions, claiming that the police had beaten him in custody and coerced him into writing something unknown. “They killed him,” his grieving mother reportedly said while speaking to the reporters.

They questioned how he could have snatched a policeman’s gun and opened fire, stating that Shinde, who feared simple things like bursting crackers and crossing roads, could not have committed such an act. His mother also revealed that he had sent a chit asking for money, adding to their belief that something was amiss.

Thane police commissioner Ashutosh Dumbre has established an eight-member inquiry committee to investigate the incident. The panel, led by Additional Police Commissioner Punjabrao Ugle, includes several deputy and assistant commissioners of police, as well as police inspectors. The inquiry will examine the circumstances leading to Shinde’s death, with a focus on the police’s claim of self-defence.

What Exactly Happened?

According to the police version, Shinde allegedly grabbed a policeman’s gun while being transported and shot at an assistant police inspector. In response, another officer fired at him, resulting in Shinde’s death at Kalwa civil hospital. The police had been transporting him as part of a probe related to allegations made by his ex-wife, who had accused him of sexual violence.

Family Terms Death As ‘Planned Encounter’

Shinde’s family, however, maintains that his death was a planned encounter. His mother insisted that her son was innocent and incapable of the violence described by the police, adding, “He didn’t even know how to drive a car, how could he fire such a big gun?” She demanded that those responsible for his death be punished.

Maharashtra Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis have supported the police’s account, stating that officers acted in self-defence after Shinde fired at them. Fadnavis, who also holds the home ministry portfolio, dismissed opposition criticism, stating that it was wrong to question the police when they were trying to save lives.

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Crime

Maharashtra: 16-Year-Old Girl Gangraped By 2 Men In Nalasopara; 1 Arrested

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Mumbai: Police have arrested one person and are searching for another suspect who is on the run after the pair allegedly gangraped a 16-year-old girl and blackmailed her by threatening to release a video if she approached the police.

The incident took place in Palghar district’s Nalasopara neighbourhood.

Case Filed Against The Two Men

The Achole Police Station has filed a case against two men, accusing them of violating several provisions of the BNS as well as the Protection Of Children from Sexual Offences Act (POCSO) Act, based on the survivor’s statement. While police are looking for Jian, the other accused, 23-year-old Anees Shaikh, has been arrested.

About The Incident

According to the police, the girl a resident of Malad had met accused Shaikh, through social media in August and befriended him. According to her statement to police on September 2, Shaikh called her to Nalasopara for a tuition class. When the girl went to meet him, Shaikh took her to a lodge and allegedly raped her.

On September 5, Anees invited her again and, along with Jian, took her on a bike to a lodge in Arnala. There, Anees allegedly raped her again, and Jian recorded the incident on video while also physically assaulting her. According to the police officials, the accused used it to blackmail her to keep quiet about the incident. He reportedly said, “If you tell anyone about this, then it will be bad.”

The minor later filed a complaint at the Arnala Sagar Police Station. Although the first incident occurred within the Achole Police Station’s jurisdiction, Arnala Sagar Police Station registered the case and transferred it to the Achole Police Station.

Police said they are continuing their investigation and are working to apprehend the second accused, Jian.

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Crime

Badlapur Case: Badlapur school incident accused Akshay Shinde shot himself with revolver

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Mumbai: Badlapur incident accused Akshay Shinde has attempted suicide. The accused tried to commit suicide by taking the police revolver. A police officer has been injured in this incident. Akshay Shinde’s condition is said to be critical. The police have not yet given any information in this regard. The accused was accused of sexually exploiting minor girls in school. At present the police has admitted him to the hospital. It is said that this incident happened when the police was bringing him from Taloja jail to Badlapur.

When, how, what happened?
Apart from rape in school in Badlapur, two other cases of rape were also registered against Akshay Shinde. In this regard, the police had obtained his custody from the court. The incident occurred when he was being taken back from jail to police custody. While being taken for transit remand, Akshay snatched the revolver of the officer sitting next to him and shot himself. According to the latest information, Akshay’s condition is said to be critical.

Allegation of sexual exploitation of girls
Akshay Shinde is accused of sexually exploiting two nursery girls in the school. After being arrested in the Badlapur school case, Akshay Shinde’s wife has filed a case against him. After this case, it was revealed that 26 year old Akshay Shinde had married three times. When no action was taken in this matter, people of Badlapur, Thane demonstrated at the station. After this the government came into action. SIT is investigating this matter. Not only this, the hearing of this case is also going on in Bombay High Court after suo motu cognizance.

Akshay Shinde had confessed to the crime
Akshay Shinde, accused in the Badlapur sexual assault case, had confessed to his crime in front of the doctor during the medical examination. This is mentioned in the charge sheet filed by the police.

In the month of August, a case of sexual exploitation of two girls studying in a school in Badlapur came to light. The investigation of the SIT formed in this case has been completed. Akshan’s wife has accused him of trying to have unnatural sex.

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