Crime
‘Last Chance’: SC seeks Vijay Mallya’s presence in contempt case hearing
The Supreme Court on Thursday gave a final opportunity to fugitive businessman Vijay Mallya to appear before it before it pronounces sentence in contempt case filed by banks, in which he was found guilty.
A bench of Justices U.U. Lalit and S. Ravindra Bhat said the court has found Mallya guilty of contempt and punishment has to be imposed. Going by normal logic, the contemnor has to be heard, but he has not appeared before the court so far, it said.
Senior advocate Jaideep Gupta, who is amicus curiae, submitted that the matter may be adjourned for short time with an expression that this could be the final opportunity.
Justice Bhat observed that Mallya has abstained from the hearing so far, and in the next hearing, the same thing will happen, and then the court would have to pronounce sentence in absentia.
Justice Lalit added that he was given multiple opportunities.
Justice Bhat said this cannot become a gateway for courts of first instance to adopt this method, and it has to be specifically mentioned that circumstances in the present case were extraordinary.
Solicitor General Tushar Mehta clarified that it was not the Indian government stand that some confidential proceedings against him are pending in the UK, rather it was the stand of the UK government which was delaying his extradition. The bench agreed to take on record Mehta’s submissions.
The bench noted the amicus says that principles of natural justice were sufficiently complied with and adequate opportunity was given to the contemnor, the matter can be adjourned for a short time, and a final opportunity should be given.
After hearing arguments, the top court scheduled the matter for further hearing in the last week of February. It also clarified that if Mallya is not present in the hearing, then the matter will be taken to its logical conclusion.
According to a judgment delivered on July 14, 2017, Mallya was found guilty of contempt for not paying Rs 9,000 crore dues to the banks despite repeated directions. Additionally, he was also accused of not disclosing his assets and also secretly trying to dispose of the assets to defeat the purpose of recovery proceedings.
On October 6, 2020, the Ministry of Home Affairs (MHA) has told the Supreme Court that the UK Home Office has intimated that there is a further legal issue which needs to be resolved before Mallya’s extradition takes place and this issue is outside and apart from the extradition process having effect under the UK law.
The affidavit had said that Mallya’s surrender to India should, in principle, have been completed within 28 days after he lost the appeal against extradition. However, the UK Home Office then intimated India of the further legal issue.
On November 2 last year, the top court had asked the Centre to file a status report on extradition of the fugitive businessman within six weeks, and on November 30, it said it will begin hearing on sentencing of him in contempt of court, in which he was held guilty in July 2017.
Crime
RG Kar rape-murder: Victim’s parents approach Calcutta HC seeking fresh probe
Kolkata, Dec 19: Not satisfied with the current course of investigation by the Central Bureau of Investigation (CBI) in the ghastly rape and murder of a junior doctor of R.G. Kar Medical College & Hospital in Kolkata in August this year, the parents of the victim on Thursday approached the Calcutta High Court seeking a court direction for initiating a fresh probe into the matter.
The victim’s parents have claimed that they do not have any faith in the course of the current investigation by the central agency in the matter and hence they want a fresh investigation from the beginning in the matter.
The parents have moved the single-judge Bench of Justice Tirthankar Ghosh with their petition in the matter.
Justice Ghosh has admitted the petition and the matter might come up for hearing next week.
According to the parents, since the trial process in the matter has already started and the statements of the witnesses are being recorded, unless the Calcutta High Court intervenes in the matter right now, there might be possibilities of the probe going in the wrong direction.
Since the time a special court in Kolkata last week granted “default bail” to two individuals accused of tampering with the evidence since the CBI was unable to file a supplementary charge sheet against them within 90 days from the day of their arrest, the victim’s parents as well as the representatives of the state’s medical fraternity had been accusing the CBI of gross incompetence in the matter.
Those two accused persons were the former principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station Abhijit Mondal. Ghosh is still behind bars because of the pending parallel probe by the CBI against him in the case of financial irregularities at R.G. Kar, while Mondal is already out on bail.
The CBI so far has filed only one charge sheet in the case were civic volunteer Sanjay Roy had been identified as the “sole prime accused” in the rape and murder.
Recently, the victim’s parents have also changed their counsel representing them at the Supreme Court of India.
West Bengal Junior Doctors’ Front, an umbrella of the body of the junior doctors in the state spearheading the movement on this issue, has already threatened to resume their protests which they withdrew earlier keeping the larger public interest in mind.
Crime
Arms, ammunition, narcotics recovered by security forces in J&K’s Kupwara
Srinagar, Dec 18: Security forces said on Wednesday that a large cache of arms, ammunition and narcotics was recovered during searches in Jammu and Kashmir’s (J&K) Kupwara district.
Officials said on Wednesday, “Security forces, including the Army and the police recovered four pistols, six pistol magazines, four kilograms of narcotics, and other incriminating materials during a search operation in the general area of Amrohi, Tangdhar in Kupwara District.”
Security forces have started an aggressive campaign against terrorists, their Over Ground Workers (OGWs) and sympathisers in order to dismantle the terror ecosystem in J&K.
Properties worth multiples of crores belonging to drug smugglers and peddlers have been attached in Kashmir Valley after obtaining requisite orders from the competent authority.
Lieutenant Governor (LG) Manoj Sinha has been chairing top-level security meetings.
During these meetings the LG has given clear orders to the security forces to go all-out against the terror ecosystem.
Union Home Minister, Amit Shah is chairing a top level security review meeting regarding J&K on Thursday in Delhi.
Chiefs of Intelligence agencies, police, CAPFs and others connected with the anti-terrorist grid in J&K will attend the meeting.
Security forces revised their strategy after terrorists carried out some dastardly attacks in the aftermath of peaceful people participative Lok Sabha and legislative Assembly elections in J&K.
These elections were witnessed by diplomats of many countries and this, according to Intelligence agencies, has frustrated the terror handlers sitting across the border in Pakistan.
Intelligence inputs indicate that the terror handlers have given directions to terrorists in J&K to give dying terrorism its last push.
Heightened vigilance is also being maintained at the border in J&K following reports that terrorists are waiting at the launching pads to sneak into the Indian side of the border before the mountain passes are closed by this season’s snow.
Crime
RG Kar case: Calcutta HC admits petition challenging denial of police permission for protest
Kolkata, Dec 17: A single-judge bench of the Calcutta High Court on Tuesday morning admitted a petition by the West Bengal Joint Platform of Doctors, an umbrella association of senior doctors, challenging the denial of permission from Kolkata Police to stage a 10-day sit-in-demonstration to protest the “default bail” to two accused — Sandip Ghosh and Abhijit Mondal — of tampering of evidence.
However, the original schedule of the sit-in-protest which was to start from Tuesday evening till December 26, had been upset since the hearing into the matter is likely to take place on Wednesday, confirmed an office bearer of the association.
The association had earlier sent an email communiqué to Kolkata Police seeking permission for the sit-in-demonstration at Dorina Crossing in central Kolkata. However, as the police denied the permission citing the possibility of traffic congestion in the area as the reason, the association on Tuesday morning approached Calcutta High Court’s single-judge bench of Justice Tirthankar Ghosh, challenging the denial of police permission, which was admitted.
Last Friday, the special court in Kolkata granted “default bail” to the former and controversial principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station, Abhijit Mondal, following CBI’s failure to file a charge sheet against them the stipulated within 90 days of their arrests.
Both Ghosh and Mondal were accused of misleading the investigation and tampering with evidence during the initial investigation carried out by the Kolkata Police.
The CBI has so far filed only one charge sheet in the matter where civic volunteer Sanjay Roy has been identified as the “sole prime” accused in the rape and murder case.
Already West Bengal Junior Doctors’ Front, an umbrella body of junior doctors in the state, has threatened to resume their ceasework protest which they withdrew earlier keeping the larger public interest in mind.
The parents of the victim lady doctor have already claimed that following CBI’s failure in the matter “protests on the streets” with spontaneous public support is the only way out left for them now.
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