Aircel-Maxis deal case: CBI chargesheets Maran brothers

August 29, 2014

New Delhi, Aug 29: Former Telecom Minister Dayanidhi Maran, his brother Kalanidhi Maran and six others, including four companies, were today chargesheeted by the CBI in a special court in the Aircel-Maxis deal case arising out of the investigation in the 2G spectrum allocation scam.maran bors

Besides the Maran brothers, the CBI has named Malaysian business tycoon T Ananda Krishnan, Ralph Marshall, a top executive and four companies, including Sun Direct TV Pvt Ltd and Malaysia's Maxis Communication Berhad, as accused in the case.

They have been chargesheeted for the offences punishable under section 120B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.

The charge sheet was filed before Special CBI Judge O P Saini who fixed it for consideration on September 11.

Former Telecom Secretary J S Sharma, who has died, has also been named in the charge sheet. However, his name has been put in a column of the accused against whom trial cannot proceed.

South Asia Entertainment Holding Ltd, Mauritius, and ASTRO All Asia Network plc have also been named as accused in the charge sheet.

It was filed a day after the Supreme Court turned down the plea of Dayanidhi Maran seeking to restrain CBI from filing the charge sheet, saying that investigation in the case is still going on.

CBI, in the Supreme Court, had alleged that Maran had "forced" Chennai-based telecom promoter C Sivasankaran to sell the stake in Aircel to Malaysian firm Maxis Group in 2006 owned by Ananda Krishnan.

In a status report filed in the apex court, which is monitoring 2G scam probe, CBI had earlier said that during 2004-07 when Maran was Telecom Minister, former Aircel chief C Sivasankaran was coerced to sell the stake in Aircel to Maxis Group.

According to CBI, the Malaysian firm was favoured by Maran and granted licence within six months after taking over Aircel in December 2006.

The agency had told the apex court that overseas probe was being delayed due to the influence of the firm's owner in Malaysia who is "powerful politically".

It had informed the apex court that overseas probe was important to track the money trail as the funds for the deal had come through Mauritius.

CBI in 2011 had filed its FIR in the case alleging that Maran had used his influence to help Krishnan acquire Aircel by allegedly coercing its owner Sivasankaran.

Maran, who has been examined by CBI, has denied all the allegations levelled against him and his family members.

The agency had also sought information from the Malaysian authorities through Letters Rogatory (LRs) but it did not get satisfactory response, after which the judicial requests were sent again. The reply to second LR is pending.

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News Network
July 20,2020

New Delhi, Jul 20: Alleging that 2,426 companies have "looted" people's savings to the tune of Rs 1.47 lakh crore from banks, Congress leader Rahul Gandhi has asked if the Prime Minister Narendra Modi led government will conduct a probe into it to punish those guilty.

"2,426 companies looted 1.47 lakh crore rupees of people's savings from banks. Will this government investigate this loot and punish the culprits?" Gandhi said on Twitter, without elaborating.

"Or will it allow them to flee like Nirav and Lalit Modi?" he asked.

Gandhi's attack came after media reports claimed that the All India Bank Employees Association (AIBEA) had released a list of 2,426 borrower accounts that have been categorised as “wilful defaulters” with dues amounting to Rs 1,47,350 crore to the banking system.

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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News Network
April 15,2020

New Delhi, Apr 15: As the world grapples with coronavirus, researchers have found the presence of a different kind of coronavirus -- bat coronavirus (BtCoV) --in two bat species from Kerala, Himachal Pradesh, Puducherry and Tamil Nadu, according to a study by the Indian Council of Medical Research (ICMR).

There is no evidence or research to claim that these bat coronaviruses can cause disease in humans, said Dr Pragya D Yadav, Scientist at the National Institute of Virology (NIV), Pune and also the first author of study.

The study has been published in the Indian Journal of Medical Research,

Twenty-five bats of Rousettus and Pteropus species from Kerala, Himachal Pradesh, Puducherry and Tamil Nadu were found positive for BtCoV in Kerala, Himachal Pradesh, Puducherry and Tamil Nadu.

"These bat coronaviruses have no relation with SARS-CoV2 responsible for the COVID-19 pandemic," Yadav said, adding that Pteropus bat species were earlier found positive for Nipah virus in 2018 and 2019 in Kerala.

"Bats are considered to be the natural reservoir for many viruses, of which some are potential human pathogens. In India, an association of Pteropus medius bats with the Nipah virus was reported in the past. It is suspected that the recently emerged severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) also has its association with bats," the objective of the study titled 'Detection of coronaviruses in Pteropus and Rousettus species of bats from different states of India' stated.

"In the present scenario of changing demography and ecological manipulations, it is challenging to have checks on the encounters of bats with other animals and humans," the study stated, highlighting that the need for active and continuous surveillance remains crucial for outbreak alerts for bat-associated viral agents with epidemic potential, which would be helpful in timely interventions.

"Although CoVs in the subfamily coronavirinae do not usually produce clinical symptoms in their natural hosts (bats), accidental transmission of these viruses to humans and other animals may result in respiratory, enteric, hepatic or neurologic diseases of variable severity. It is still not understood as to why only certain CoVs can infect people," the study said.

The scientists stressed on the need of proactive surveillance of zoonotic infections in bats.

The detection and identification of such viruses from bats also recommends cross-sectional antibody surveys (human and domestic animals) in localities where the viruses have been detected.

Similarly, if the epidemiological situation demands, evidence-based surveillance should also be conducted, the study said while emphasing on the need of developing strong mechanisms for working jointly with various stakeholders such as wildlife, poultry, animal husbandry and human health departments.

"In conclusion, our study showed detection of bat CoVs in two species of Indian bats. Continuous active surveillance is required to identify the emerging novel viruses with epidemic potential," Dr Yadav said.

Elaborating on the study, Dr Yadav said throat and rectal swab samples of two bat species -- Rousettus and Pteropus -- from seven states were screened for the bat coronvirus during which the representative samples collected from Kerala, Himachal Pradesh, Puducherry and Tamil Nadu tested positive while those from Karnataka, Chandigarh, Punjab, Telengana, Gujarat and Odisha came out negative.

The reverse-transcription polymerase chain reaction (RT-PCR) tests and sequencing were used for the confirmation of the findings.

"This is an ongoing study to understand the prevalence of the Nipah virus in bats," she said.

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