Bail to Chidambaram will affect cases of Mallya, Choksi, Modi: ED

Agencies
August 29, 2019

New Delhi, Aug 29: The Enforcement Directorate on Thursday told the Supreme Court that custodial interrogation of senior Congress leader P Chidambaram in the INX media case is required as if his plea for anticipatory bail is given it would affect cases linvolving Vijay Mallaya, Mehul Choksi, Neerav Modi and Zakir Naik.

Disputing the contention of Chidambaram's lawyers, the agency also argued that the offence of money laundering is against the society, nation and economy.

"Money laundering is an offence against society, nation and economy. Economic offences are gravest offences irrespective of quantum of sentence," Solicitor General Tushar Mehta appearing for the probe agency told a Bench of Justice R Banumathi and Justice AS Bopanna.

Countering the arguments of Chidambaram's advocates Kapil Sibal and Abhishek Manu Singhvi that Prevention of Money Laundering Act (PMLA) offences with seven years of punishment is not grave offence because as per Code of Criminal Procedure grave offences entail death penalty and life, Mehta said money laundering offences are "grave".

"Chidambaram's counsels have argued that gravity of an offence is subjective. PMLA offences may not be grave for them but the Courts have consistently held that economic offences are grave in nature. Gravity is a relative concept. Quantum of punishment is not relevant. What's important is what will be the impact of your offence in society. Money laundering is an offence against the society, nation and economy. Economic offences are gravest offences irrespective of quantum of sentence," Mehta said.

The top was hearing Chidambaram's plea against Delhi High Court's order denying anticipatory bail to him in a case being probed by the ED.

Mehta also objected to the proposition made by Chidambaram's counsel Kapil Sibal to confront him with evidence before presenting it in court,the saying it is "absurd" and would have "devastating results" and is "preposterous".

Whether the accused's reply was evasive or not is decided by investigating agency and not by the court, he added.

He said the ED has been investigating various sensitive and high profile cases under PMLA and if Chidambaram's plea is accepted it would affect cases against Vijay Mallya, Mehul Chowksi, Neerav Modi, Zakik Naik, Sarada chit fund, terror funding and other cases.

Mehta also contended that if accused at large is confronted with the evidence collected, then the agency will have exposed its evidence and witnesses and it will give a chance to the accused to tamper with evidence and erase the money trail.

"The investigating agency has absolute discretion to what extent to reveal the evidence to the accused. It is best to confront the accused with evidence when he is in custody," Mehta told the court, adding that investigation is an art where the agency brings the accused to divulge details and not a mere question and answer format or an interview.

During the hearing, Mehta said if given an anticipatory bail, Chidambaram may erase the money trail, influence the witnesses and tamper with evidence.

"It's impossible to investigate when he's armed with anticipatory bail. It's ED's right and duty to unearth the truth. It would be difficult for the ED to catch him if he is under a protective umbrella and best way to elicit truth is when an accused is not under a protective umbrella," he said.

He also argued that the top court cannot be created as a regular court of appeal of the orders of the high courts, lower courts, and magistrate courts. The apex court is "meant to lay down the law".

Mehta said during the course of the proceedings in the High Court, a note was filed and it was examined by the Judge, adding that in the judgment it is said twice that the records have been examined to arrive at the conclusion.

"We are showing a document of evidence and they are saying don't show it to court before showing it to me. I want the court to look the material in my possession, including the statement of the accused, I have nothing to hide. I would insist that Court must look into the material available so that there is no iota of doubt about the material is cogent or not," Mehta said while concluding his arguments and added that he has documents in a sealed cover if the top court wanted to see.

In 2017, the Central Bureau of Investigation (CBI) had registered an FIR alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance given to INX Media to the tune of Rs 305 crore in 2007 when Chidambaram was the Union finance minister.

Following the FIR filed by CBI, ED had filed a case of money laundering against him. 

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News Network
February 13,2020

Guwahati, Feb 13: Hours after Assam's updated citizenship data disappeared from the website 'nrcassam.nic.in', an FIR was filed against a former NRC official for allegedly failing to submit the password to the sensitive document before quitting her job.

Talking to news agency on Thursday, NRC state coordinator Hitesh Dev Sarma said the complaint against former NRC project officer was filed under Official Secrets Act in Paltan Bazar police station here, as she "did not provide the password to the document, despite written reminders".

"She failed to surrender the password even after tendering her resignation on November 11 last year. She was a contractual employee and no longer authorised to hold the password, after quitting her job. An FIR has been filed against the former NRC project officer on Wednesday for violating the Official Secrets Act," he said.

Sarma also stated that the NRC office had written to her on several occasions for submitting the password, but did not get any response.

"We knew (she had resigned) and, therefore, sent several letters to her for handing over the password. But as she did not respond all these months, we filed a complaint against her yesterday for violating the Official Secrets Act.

"We must know if she has tampered with the sensitive information, after resigning," he added. The NRC state coordinator, however, refuted allegations of "malafide intent" involved in the matter.

"...this (cloud service provided by IT major Wipro) was not renewed by the earlier coordinator. So, the data went offline from December 15 last year. I assumed charge only on December 24," Sarma, who had gone on leave for a weeks after being appointed as the NRC state coordinator, clarified.

He also said that the state coordination committee had discussed the issue in its meeting on January 30 and wrote to Wipro during the first week of February.

"Once Wipro makes the data live, it will be available to the public. We hope that people will be able to access it in the next 2-3 days," Sarma claimed.

Reacting to the development, Wipro had said: "The IT Services Contract was not renewed by the authorities upon its expiry in October, 2019. However, as a gesture of goodwill, the company continued to pay the hosting service fee until January-end, 2020."

In another FIR filed with state criminal investigation department on Wednesday, NGO Assam Public Works (APW) alleged that former NRC Assam coordinator Prateek Hajela tampered with the final NRC list - published on August 31, 2019.

APW member Rajib Deka, in his complaint, accused Hajela of disobeying orders and directions of the Supreme Court, forgery of public register and committed offences under cyber laws for altering or changing public records by misusing his powers and position.

The NGO also said that after publication of the final list, several social networks and sections of the media had reported anomalies, insisting that many 'doubtful' persons were able to insert their names in the final list.

The Centre on Wednesday asserted that NRC data in Assam was safe even though some technical issues have been detected, which would be resolved soon.

Senior journalist-cum-RTI activist Saket Gokhale had sent an application to the NIC, the IT wing of the government, seeking a copy of the contract with Wipro.

"The Assam NRC data suddenly vanishing from the website (& the lack of data security) is incredibly shady. I've filed an RTI with the NIC specifically asking about details of the contract with Wipro, name of the cloud service provider, & all contracts signed for hosting this," he tweeted, while attaching a copy of the RTI application.

Leader of the Opposition in Assam Assembly and Congress leader Debabrata Saikia has also written to the Registrar General of India, requesting him to look into the fiasco urgently.

"It is a mystery as to why the online data should vanish all of a sudden, especially as the process to file appeals was yet to begin, all because of the go-slow attitude adopted by the NRC Authority. There is, therefore, ample scope to suspect that disappearance of online data is a malafide act," he had insisted.

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News Network
January 11,2020

New Delhi, Jan 11: Islamic preacher Zakir Naik has revealed that the Bharatiya Janata Party-led government offered to drop false money-laundering charges against him and provide with a "safe passage to India" in return for his support to the government's move to revoke Article 370 of the Constitution.

In a statement issued by Naik's PR team on Saturday, the Islamic preacher said that he was approached by a representative of the Indian government in September, who offered him the said deal on Kashmir, which he refused.

"Three and a half months before, the Indian officials approached me for a private meeting with a representative of the Indian government. When he came to Putrajaya (a Malaysian city), in the fourth week of September 2019, to meet me, he said that he is coming after personally meeting and under the direct instructions of the Prime Minister of India Narendra Modi and the Home Minister of India Amit Shah," Naik said in a video statement released by his Mumbai-based PR team.

Naik, who has been living in Malaysia for the last three years, is facing charges of inciting communal disharmony and committing unlawful activities in India.

"(The representative) said that he wanted to remove the misconceptions and miscommunications between myself (Naik) and the Indian government, and wants to provide me a safe passage to India," he added. "He (the representative) said that he would like to use my connections to better the relationship between India and the other Muslim countries."

"The meeting lasted for several hours. He told me that he wanted me to support the BJP government when they revoked Article 370 in Kashmir. And I flatly refused," he added.

Naik said that after he refused the offer, he was further asked to not make public statements against the BJP or Prime Minister Narendra Modi.

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News Network
May 15,2020

Vishakhapatnam, May 15: LG Chem on Thursday said following the gas leak at its Visakhapatnam polymers plant, the company has started support measures and has begun the transportation of the Styrene Monomer inventory to South Korea to eliminate all risks factors.

The company would continue to work with government agencies to ensure all possible support for bereaved families and victims, LG Polymers, a step-down firm of LG Chem, said in a statement.

"We confirm the status-quo of the plant remains completely controlled by all measures. We have begun the transportation of the Styrene Monomer (SM) inventory within the plant as well as in the styrene tanks at the port by vessels to South Korea to prevent and eliminate all risks factors," the statement said.

The South Korean chemicals giant has sent an eight-member team from Seoul to investigate the Visakhapatnam gas leak incident and rehabilitate the victims of the tragedy that killed at least 11 people and forced the evacuation of thousands.

"The team of production, environment, and safety experts are currently investigating the cause of the incident and already supporting responsible rehabilitation which is their main objective," the statement said.

Furthermore, the team is working closely with related authorities to analyze the cause of the incident, prevent a recurrence, and support damage recovery in a prompt and expedient manner, it added.

On the support measures, the company said a special task force is currently supporting the bereaved victims and families and visiting them at the hospitals and their homes.

Besides, food and medical services have been organized for the returning residents. Various support activities such as supplying medical and household goods and sanitation of homes will be continued, it said.

"We assure everyone we will do our best to resolve the situation and prevent any incident in the future," the company said.

The company further said that "our teams will carry out mid-to-long-term Corporate Social Responsibility (CSR) projects that can contribute to the local community based on suggestions of the residents.

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