AgustaWestland: Michel identified 'AP' as Ahmed Patel

Agencies
April 5, 2019

New Delhi, Apr 5: Christian Michel, the alleged middleman arrested in the AgustaWestland VVIP choppers deal case, is understood to have identified the initials "AP" as Ahmed Patel in a chargesheet filed by the Enforcement Directorate (ED) before a court here on Thursday.

The agency, in its supplementary chargesheet filed under the Prevention of Money Laundering Act (PMLA), said "a part of kickback was paid to defence officials, bureaucrats, mediapersons and important political persons of the ruling party" when the deal was being struck.

The chargesheet said according to the "budget sheet, 30 million euros were paid to Air Force officers, bureaucrats and politicians" to swing the deal in the favour of AgustaWestland for purchasing the choppers to ferry VVIPs across the country.

"Christian Michel James has further disclosed various abbreviations used in the budget sheet, which contains the details of the payments made to Air Force officials, bureaucrats and political persons.

"The recipients of the kickback include several categories of persons namely Air Force officials, bureaucrats including defence ministry officials and top political leaders of the then ruling party. As per Christian Michel James, 'AP' means Ahmed Patel and 'Fam' means Family," the ED said.

At another place in the chargesheet, Michel said, "I cannot say what Haschke was thinking. As a guess, I would think he was talking about Ahmed Patel."

Regarding "Fam", he said it "could mean family".

While the identity of the said Ahmed Patel is not clear, it is understood that it refers to the senior Congress leader. The veteran leader has not been named in the PMLA FIR of the case.

In the same chargesheet, Rajiv Saxena, another accused arrested in the case, has been quoted by the ED as saying that "AP" was a "reference" to Ahmed Patel.

Patel in the past has denied any wrongdoing in the case.

The ED said the kickback paid by the Anglo-Italian firm in the case was "at least about 12 per cent of the contract amount" and around 70 million euros were paid through the two middlemen involved in the case -- Michel and Guido Haschke.

It added that this was an "undisputed fact" that the two middlemen had received kickbacks worth 70 million euros.

The agency said this fact could be corroborated with the receipt of kickbacks in the bank accounts of companies "controlled and beneficially owned" by Michel and Haschke.

It said the company "enlisted" the two as agents for the VVIP choppers deal in India as it wanted to promote its product and ensure that it became a frontrunner to bag the deal.

The central probe agency, in its 3,000-page supplementary chargesheet with 52 main pages, also named David Syms, Michel's alleged business partner, and two firms owned by them -- Global Trade and Commerce Ltd and Global Services FZE -- as accused.

In its first chargesheet filed against Michel in June 2016, the ED had alleged that he and others had received 30 million euros (about Rs 225 crore) from AgustaWestland.

Special Judge Arvind Kumar said he would decide on whether to take cognisance of the ED's supplementary chargesheet and summon the accused on April 6.

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March 24,2020

New Delhi, Mar 24: Thirty-two states and Union Territories (UTs) have announced complete lockdown to check the spread of the coronavirus in the country, informed the Central government on Tuesday.
There is a complete lockdown in as many as 560 districts of the country affecting several hundred million people.
Earlier, the complete lockdown was imposed in 30 districts, as of now, almost the entire country is in lockdown to restrict public movement in an attempt to break the chain of transmission of coronavirus.
Three states -- Uttar Pradesh, Madhya Pradesh and Odisha -- have announced lockdown in select districts with the governments continuously monitoring the situation and ready to extend the restrictions to other districts as well.
The Union Territory of Lakshadweep has announced restrictions on certain activities.
The Indian Railways has suspended all passenger train operations till March 31 in view of coronavirus.

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Agencies
March 1,2020

Kolkata, Mar 1: The Calcutta High Court has ruled that it is not mandatory for foreigners to produce a valid passport and its particulars for processing of application for grant of Indian citizenship if he is able to satisfy the appropriate authorities the reasons for non-availability of the document.

Justice Sabysachi Bhattacharya passed the order while disposing off a petition by granting the petitioner liberty to file an application before the authority "as contemplated in Rule 11 of the Citizenship Rules 2009, upon furnishing explanation as to the non-availability of the passport".

Bismillah Khan had filed the petition saying he was being denied the citizenship of India because of his inability to file an application under Section 5 (1) (c) of the Citizenship Act, 1955, apparently due to the mandatory requirement of furnishing a copy of the passport for such application.

The petitioner's counsel submitted that Khan was a Pakhtoon citizen and due to political turmoil in the said state, which subsequently merged partially into Afghanistan and partially into Pakistan, he, as a five-year old, had to migrate to India with his father in 1973.

Under such circumstances, the petitioner could not have any opportunity of having a valid passport, since they were refugees under distress, the counsel said.

The petitioner had previously approached a coordinate Bench of the court, wherein a single judge, passed an order on July 25, 2018, directing him to comply with the formalities required, as communicated by the secretary to the Government of India to the Secretary to the Government of West Bengal (Home), vide a letter dated December 7, 2017.

The court had then also given liberty to the petitioner to apply afresh before the appropriate authority under Section 5(1)(c) of the 1955 Act, having complied with all the formalities.

The petitioner then moved Bhattacharya's court submitting that a complete application as directed by the Coordinate Bench cannot be possibly filed by his client due to the mandatory requirement of uploading a copy of his passport, which the petitioner does not have due to reasons beyond his control.

The counsel said Khan is married to an Indian citizen, has a daughter and living in India for close to half a century.

The counsel for the union of India submitted that in view of no application having been filed by the petitioner, there is no scope of granting such proposed application at the present juncture for the Union.

The counsel argued that it is mandatory to file an application in Form III for the application of the petitioner under Section 5(1)(c) of the Act to be considered at all.

In view of the petitioner not complying with the mandatory requirement of submitting a copy of his passport, the state government cannot, under the law, forward such application to the union government.

After hearing all sides, Justice Bhattacharya said although the rule "contemplates that an application shall not be entertained unless the application is made in Form III, such provision ipso facto does not make the availability of a passport a mandatory requirement".

"..the Form given with the Rules or the Rules themselves cannot override the provision of the statute itself, under which the said Rules are framed, which does not stipulate such a mandate on the applicants for citizenship under Section 5 (1)(c) of the 1955 Act mandatorily to carry a passport".

The court said although such provision is included in the Form, which has to be complied with by the applicant, "it is nowhere indicated in such Form that all the relevant particulars, including the particulars regarding passport of the petitioner have to be furnished mandatorily, along with a copy of a valid foreign passport, even in the event the petitioner, for valid reasons, is not in a position to produce such passport".

Justice Bhattacharya ruled that under such circumstances, it cannot be held that the provision of producing a passport and its particulars is mandatory in nature and there has to be a relaxation in such requirement "in case the petitioner is able to satisfy the appropriate authorities the reasons for non- availability of such passport".

"Unless such a leeway is given to the applicants, genuine persons who otherwise have all the formal documents indicating that they have been residing in India for a long time and have married a resident of India would also be unable to apply for Indian Citizenship despite having lived their entire lives and contributed to the economy and diverse culture of this country."

He said such a scenario would be contradictory to the spirit of Article 14 of the Constitution of India.

"In such view of the matter, the requirement of having a passport has to be read as optional in Form III of the Citizenship Rules, 2009 and the authorities are deemed to have the power to relax such 6 requirement in the event the applicant satisfied the authorities for genuine reasons why the applicant is not in a position to produce such passport," the February 24 order said.

The court ruled that despite the provision of making applications online, a provision has to be made for persons who do not have all the particulars of their passport, which is read as optional, to file applications manually, which are to be treated as valid applications under Rule 5 of the Citizenship Rules, 2009.

The court also ordered that alternatively the necessary software be amended so that the online applications can be presented with or without passports, in the latter case furnishing detailed reasons as to non-furnishing of passports.

"Sanctioning of such forms, however, will be conditional upon the satisfaction of the relevant authorities about the reasons for the applicant not being able to produce her/his passport," the order said.

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News Network
February 21,2020

New Delhi, Feb 21: Global terror financing watchdog FATF on Friday decided continuation of Pakistan in the "Grey List" and warned the country that stern action will be taken if it fails to check flow of money to terror groups like the LeT and the JeM, sources said.

The decision has been taken at the Financial Action Task Force's plenary in Paris.

The FATF decided to continue Pakistani in the "Grey List". The FATF also warned Pakistan that if it doesn't complete a full action plan by June, it could lead to consequences on its businesses, a source said.

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