Crime
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
RG Kar victim’s parents yet to secure death certificate even after six months
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Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.
The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.
The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.
According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.
On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.
The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.
They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?
Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.
Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.
It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.
Crime
Ten persons arrested for attack on Congress MP, says Assam CM
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Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.
Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”
He also mentioned that the actions will be taken as per the law.
The Dhubri MP was attacked while attending a public programme in the Nagaon district.
The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.
In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.
In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.
The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.
Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.
Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”
“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.
The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.
Crime
New India Co-operative Bank Scam: EOW Arrests Former CEO Abhimanyu Bhoan
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Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.
The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.
The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.
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