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Crime

ED seizes unlisted shares worth Rs 293.91 cr of ‘MGM’ Maran

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 The Enforcement Directorate (ED) on Tuesday said it has seized assets worth Rs 293.91 crore belonging to Tamilnad Mercantile Bank’s (TMB) former Chairman Nesamanimaran Muthu alias MGM Maran under the Foreign Exchange Management Act (FEMA).

According to the ED, the seized assets are in the form of shareholdings in four Indian companies, namely, the Southern Agrifurane Industries Private Ltd, Anand Transport Private Ltd, MGM Entertainment Private Ltd, and MGM Diamond Beach Resorts Private Ltd.

Incidentally, the three of the companies are unlisted entitites.

The ED said Maran had incorporated two companies in Singapore during 2005-06 and 2006-07 and invested Singapore $5,29,86,250 equivalent to Indian Rs 293.91 crore, but the investment was made without Reserve Bank of India’s (RBI) permission and non-disclosure to Indian regulators.

According to the agency, the provisions of Section 37A(1) empowers it to seize Indian asset of a person who has acquired assets in foreign country or made investment outside India without the approval of the RBI while he was a person resident in India.

Since the amount of foreign investment was SGD 5,29,86,250, the assets of equivalent value thereof of Rs 293.91 crore has been seized, it said.

Last year, the Adjudicating Authority under the FEMA had levied a penalty of Rs 35 crore on Maran for opening a bank account in Singapore and receiving foreign exchange to the tune of US$ 68,50,000 (equivalent to Rs 28.08 crore) in that account from a foreign entity.

The said payment is the consideration for facilitating and assigning the rights towards transfer of shares of the TMB in favour of Katra Holdings Ltd, consequent to a private agreement with that company. The penalty is also for failing to repatriate the said foreign exchange into India, the ED had said then.

The Adjudicating Authority had also fined Standard Chartered Bank Rs 100 crore and the TMB Rs 17 crore.

The ED had taken up the probe under FEMA based on reference received from the RBI to investigate advance remittances received by certain entities for purchase of the shares of the Tuticorin-headquartered TMB through escrow mechanism maintained with Standard Chartered Bank, Mumbai.

Following the probe, the ED had issued show cause notice to the TMB, its directors, Standard Chartered Bank and one of its officials for contravening FEMA.

In his adjudication order, the Special Director, ED, Southern Region imposed a penalty of Rs 11.33 crore on the TMB for recording in its books the transfer of 46,862 shares of the bank in the names of seven foreign entities viz. (i) RST Ltd (wholly owned by Ravi S. Trehan), Katra Holdings Ltd (wholly owned by Ramesh Vangal), GHI I Ltd (wholly owned by Rajat Gupta), Kamehameha (Mauritius) Ltd, FI Investments (Mauritius) Ltd, Cuna Group (Mauritius) Ltd, and Swiss Re Investors (Mauritius) Ltd.

The above seven entitities were not approved by the RBI for acquiring the shares of TMB.

A further penalty of Rs 5.66 crore was imposed on the TMB for its act of recording in its books, the subsequent transfer of 27,289 shares out of the above 46,862 shares in the names of two foreign entities – Sub-Continental Equities Ltd, Mauritius and Robert & Adris James Company Ltd, Mauritius, without the permission of the RBI.

Penalty has also been imposed on the directors of the Board of the TMB, who approved the recording of the transfer of shares of the bank.

The Standard Chartered Bank was held guilty of contravening FEMA for opening the Standard Chartered Bank Project Windmill (Sale Consideration) Escrow Account, without the RBI’s prior permission and for allowing deposits of Rs 113 crore and for having held 1,12,151 shares of the TMB in the said escrow account.

A penalty of Rs 34 crore was levied on the bank for the above contraventions.

Another Rs 66 crore penalty was levied on the Standard Chartered Bank for providing collateral/guarantee/taking into custody of TMB shares and original sale deeds of land in lieu of which Standard Chartered Bank, Mauritius granted a loan of US$ 55.40 million (equivalent to Rs 221 crore) to three foreign entities viz, Katra Holdings Ltd, Mauritius, RST Ltd, Cayman Islands, and GHI I Ltd, Cayman Islands, without any special permission from the RBI.

Crime

CJI-led SC bench fixes Jan 29 to hear suo moto RG Kar case

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New Delhi, Jan 22: The Supreme Court on Wednesday fixed January 29 for hearing the matter where it has taken suo moto cognisance of the rape and murder of a junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata in August 2024.

“We will take it up at 2 pm next Wednesday (January 29),” said a bench of CJI Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan as it deferred the hearing due to paucity of time.

The CJI Khanna-led Bench asked senior advocate Karuna Nundy, representing the associations of medical professionals, to provide a copy of interlocutory applications filed to the other side.

Meanwhile, the West Bengal government has approached the Calcutta High Court, challenging the verdict of a Kolkata special court awarding life imprisonment to Sanjay Roy, the sole accused and the convict in the rape and murder case of the woman doctor.

As the matter came up for hearing on Wednesday morning before a division bench of Justices Debangshu Basak and Shabbar Rashidi, the CBI challenged the petition filed by the state government and questioned the grounds on which it could make such an appeal.

Deputy Solicitor General, Rajdeep Majumdar, argued that it was only the CBI, which is the investigating agency in the case, and the victim’s parents who could move such a plea at a higher court, and not the state government, which is not a party in the case.

To support his contention, Majumdar referred to a case filed by the CBI against former Bihar Chief Minister and Rashtriya Janata Dal Chief Lalu Prasad Yadav, where the state government’s plea was not considered by the Patna High Court.

Whether the West Bengal government’s petition will be admissible or not will be decided by the Calcutta High Court on January 27.

Earlier, West Bengal Chief Minister Mamata Banerjee announced that the Bengal government would move the Calcutta High Court challenging the quantum of the sentence and the state government would be seeking the death penalty for the convict.

“I am convinced that it is indeed a rarest of rare cases which demands capital punishment. We want to insist upon the death penalty in this most sinister and sensitive case,” the Chief Minister said.

While pronouncing the quantum of the sentence, special court judge Anirban Das said that the Central Bureau of Investigation’s (CBI) contention that Roy’s offence in the matter was “the rarest and rare crimes” was not tenable.

Hence, the judge observed that instead of the “death penalty”, Roy, an erstwhile civic volunteer attached to Kolkata Police, be sentenced to “life imprisonment”. Apart from that a fine of Rs 50,000 was also imposed on Roy.

The special court, at the same time, directed the West Bengal government to pay a compensation of Rs 17 lakh to the family of the deceased victim.

It observed that since the victim was raped and murdered at her workplace, which is a state-government entity, the West Bengal government is legally bound to pay compensation to the victim’s family.

In an earlier hearing held in November 2024, the Supreme Court had remarked that it would not pass any direction to transfer the trial of the ghastly rape and murder case outside West Bengal.

A bench, headed by then CJI D.Y. Chandrachud, turned down the oral prayer made by a lawyer seeking transfer of trial outside West Bengal.

“Yes, we have transferred cases (of gender violence) in Manipur. But we are not doing anything like that here,” it had remarked.

The apex court had noted that the trial would commence on November 11 at a special court in Kolkata after charges were framed against the “sole prime accused” in the case, Sanjay Roy.

The process of the framing of charges was completed on November 4, exactly 87 days after the body of the woman junior doctor was discovered at a seminar hall within the state-run R.G. Kar premises on the morning of August 9, 2024.

In October, the CBI filed its first charge sheet against Roy, a civic volunteer with Kolkata Police, in the alleged rape and murder case.

In the charge sheet, the CBI did not rule out the possibilities of a larger conspiracy behind the macabre crime that prompted alleged events of tampering and altering of evidence during the initial phase of the investigation which was carried out by Kolkata Police.

Besides Roy, two others arrested by the CBI officials in the matter are RG Kar Medical College and Hospital’s former Principal, Sandip Ghosh, and the former SHO of Tala Police Station, Abhijit Mondal. RG Kar comes under the jurisdiction of Tala Police Station.

The main charges against Ghosh and Mondal are for misleading the investigation when the Kolkata Police were probing the matter before it was handed over to CBI by the Calcutta High Court.

Both have been accused of tampering with evidence in the case. Taking suo moto cognisance of the rape and murder case of the junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata, the Supreme Court had termed the incident “horrific,” which raises the “systemic issue of safety of doctors across the country”.

“We are deeply concerned about the fact that there is an absence of safe conditions of work for young doctors across the country, particularly, public hospitals,” it had said.

The apex court had ordered the formation of the NTF (National Task Force) to suggest measures for the security of medical professionals across the country, observing that the safety of doctors is the “highest national concern”.

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Crime

Saif, family should narrate horrific knife attack: Sanjay Nirupam

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Mumbai, Jan 22: Shiv Sena leader Sanjay Nirupam defended his remarks about Bollywood actor Saif Ali Khan’s “swift” recovery following a knife attack at his Bandra residence, urging the actor’s family to clarify the events surrounding the incident.

Nirupam’s remarks came after Saif was discharged from Lilavati Hospital just five days after sustaining serious injuries, including spinal and neck injuries, during a burglary attempt at his 12th-floor flat in the upscale ‘Satguru Sharan’ building.

Speaking to Media, Nirupam said, “Whatever happened to Saif Ali Khan on January 16 is deeply concerning. While we respect the family, it is surprising to see Saif looking fit enough to shoot just days after being discharged. The doctors had stated the knife penetrated 2.5 inches into his back, requiring a six-hour operation. How is such a swift recovery medically possible?”

He added that Saif’s rapid recovery raises questions about the initial severity of the injuries described by doctors and witnesses. Nirupam demanded that both the family and the medical team provide clarity on the “horrific” knife attack.

“When Saif was attacked, it became a matter of law and order in Mumbai. Opposition leaders accused the government and Home Minister of failing. In such a situation, the family should explain what transpired,” Nirupam said.

Nirupam also commented on the accused, Mohammad Shariful Islam Shehzad, a Bangladeshi national arrested by the Mumbai Police. He called for strict action against such individuals, citing the involvement of Bangladeshis in criminal activities in the city.

The Mumbai Police arrested the accused, a 30-year-old Bangladeshi national, from Thane city. The intruder allegedly stabbed Saif multiple times during a struggle, escaping the scene and hiding in the building’s garden for two hours before fleeing.

“The police will have to be given some benefit of the doubt because when such an incident takes place, a big incident occurs, then there is a lot of pressure on the police, and when it is felt from all sides that law and order has collapsed,” he said.

“I do not think it is right to doubt the capability of Mumbai police immediately, as it is sufficient to solve any type of criminal incident,” Nirupam said.

The 54-year-old actor, who underwent neurosurgery and plastic surgery, was advised complete bed rest for a week and has been asked to avoid visitors to prevent infection. Despite his injuries, Saif walked out of the hospital without a wheelchair, escorted by heavy police security.

Meanwhile, Saif has returned to his Bandra home under tight security. The actor has been advised to focus on his recovery as the investigation continues.

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Crime

RG Kar Rape & Murder Case: West Bengal Govt Seeks Death Penalty, Calcutta HC To Hear Case On January 27

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Kolkata: The West Bengal government has appealed to the Calcutta High Court’s Division Bench against the trial court’s life imprisonment verdict convicting Sanjay Roy in the RG Kar case. The next hearing in the case will be held on 27th January.

Advocate General Kishore Dutta has approached the division bench of Justice Debangshu Basak, seeking the death penalty for Sanjay Roy. The matter has been allowed to be filed.

The Sealdah Civil and Criminal Court announced life imprisonment for the accused Sanjay Roy in the RG Kar rape and murder case. Along with this, the court has also fined Rs 50,000 to the accused.

West Bengal CM Mamata Banerjee Expresses Dissatisfaction

Earlier, West Bengal Chief Minister Mamata Banerjee on Monday expressed dissatisfaction over the court giving life imprisonment to the convict in the RG Kar hospital rape-murder case and said if the case had been with Kolkata Police, they would have ensured a death penalty.

“I learned about the sentencing from the media. We have always demanded capital punishment and we continue to stand by it. However, this is the court’s decision and I can’t say much about this. For three other cases, Kolkata police ensured capital punishment through thorough investigations concluded within 54-60 days. This was a serious case. Had it been under our purview, we would have ensured the death penalty long back,” CM Mamata said while addressing the media at Malda.

Victim’s Father Rejects Compensation

On Monday, RG Kar’s rape and murder case victim’s father rejected the Rs 17 lakh compensation and said that he will move to a higher court seeking the death penalty for the accused.

Speaking to Media, the victim’s father said “What the Court thinks as a good judgement based on the evidence produced by the CBI, the Court has given that verdict. We have a lot of questions on the investigation done by CBI. We did not go to the court for compensation. We want justice, not compensation. Kolkata police did wrong and the CBI will have to do something. The Kolkata police have given us more pain than the passing away of my daughter.”

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