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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Agencies
May 14,2020

New Delhi, May 14: India may witness the death of additional 1.2-6 lakh children over the next one year from preventable causes as a consequence to the disruption in regular health services due to the COVID-19 pandemic, UNICEF has warned.

The warning comes from a new study that brackets India with nine other nations from Asia and Africa that could potentially have the largest number of additional child deaths as a consequence to the pandemic.

These potential child deaths will be in addition to the 2.5 million children who already die before their fifth birthday every six months in the 118 countries included in the study.

The estimate is based on an analysis by researchers from the Johns Hopkins Bloomberg School of Public Health published in the Lancet.  

This means the global mortality rate of children dying before their fifth birthday, one of the key progress indicators in all of the global development, could potentially increase for the first time since 1960 when the data was first collected.

There were 1.04 million under-5 deaths in India in 2017, of which nearly 50% (0.57 million) were neonatal deaths. The highest number of under-5 deaths was in Uttar Pradesh (312,800 which included 165,800 neonatal deaths) and Bihar (141,500 which included 75,300 neonatal deaths).

The researchers looked at three scenarios, factoring in parameters like reduction in workforce, supplies and access to healthcare for services like family planning, antenatal care, childbirth care, postnatal care, vaccination and preventive care for early childhood. The effects are modelled for a period of three months, six months and 12 months.  

In scenario-1 marked by 10-18% reduction of coverage of all the services, the number of additional children deaths could be in the range of 30,000 plus over three months, more than 60,000 over six months and above 120,000 over the next 12 months.

Coronavirus India update: State-wise total number of confirmed cases, deaths on May 13

The numbers sharply rose to nearly 55,000; 109,000 and 219,000 respectively for scenario-2, which was associated with an 18-28% drop in all the regular services.

But in the worst-case scenario in which 40-50% of the services are not available, the number of additional deaths ballooned to 1.5 lakhs in the three months in the short-range to nearly six lakhs over a year.

The ten countries that could potentially have the largest number of additional child deaths are Bangladesh, Brazil, Congo, Ethiopia, India, Indonesia, Nigeria, Pakistan, Uganda and Tanzania.

In countries with already weak health systems, COVID-19 is causing disruptions in medical supply chains and straining financial and human resources.

Visits to health care centres are declining due to lockdowns, curfews and transport disruptions, and due to the fear of infection among the communities. Such disruptions could result in potentially devastating increases in maternal and child deaths, the UN agency warned.

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News Network
February 9,2020

Mumbai, Feb 9: Given the slow progress on the ongoing Rs 38,000-crore capacity expansion at the four largest metro airports, and also the surging traffic, the snaky queues will continue at least till 2023, warns a report.

The four largest airports -- New Delhi, Mumbai, Bengaluru and Hyderabad -- handle more than half of the traffic and are operating at 130 per cent of their installed capacity. These airports are under a record Rs 38,000-crore capex but the capacity will not come up before end-2023, says a Crisil report.

“With the dip in traffic growth largely behind, we expect congestion at the top four airports of New Delhi, Mumbai, Bengaluru and Hyderabad, which handle more than half of the load, to continue till about FY23,” says the report.

Already these airports are operating at over 130 percent of installed capacity, and the ongoing healthy traffic growth this operating rate is expected to rise further in the next 12 months.

“Operationalising of capacities in the following two fiscals will bring down utilisation levels albeit still high at over 90 per cent by fiscal 2023 and that is despite an unprecedented Rs 38,000 crore capex being undertaken by the operators of these airports over five fiscals 2020-24,” says the report.

Despite this unprecedented capex that is debt-funded, ratings are likely to be stable given the strong cash flows expected due to healthy traffic growth, low project risks associated with the capex and improving regulatory environment, notes the report.

“Capacity at these four airports will increase a cumulative 65 per cent to 228 million annually (from 138 million now) by fiscal 2023. However, traffic is expected to grow strong at up to 10 per cent per annum over the same period. Since additional capacities will become operational in phases only by fiscal 2023, high passenger growth will add to congestion till then,” warn the report.

High utilisation will ride on pent-up demand (accumulated in 2019 as traffic was impacted with the grounding of Jet Airways) and one-off issues with new aircraft of certain airlines.

Further impetus will also come from improving connectivity to lower-tier cities and reducing fare difference between air and rail. Increasing footfalls at airports provide a leg-up to non-aero streams such as advertising, rentals, food and beverage and parking, which comprise around half of the revenue of airports already.

These are expected to grow strongly at over 10-12 per cent, also supported by higher monetisation avenue coming along with current capex. The other half of revenue (aero revenue) is an entitlement approved by the regulator, providing a pre-determined, fixed return over the asset base and a pass-through of costs.

Aero revenue is also expected to get a bump up during fiscals 2022-24, when a new tariff order for airports is likely. Overall aggregate cash flows are likely to double by fiscal 2024 and provide a healthy cushion against servicing of debt contracted for capex, the report concludes.

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News Network
January 28,2020

Mumbai, Jan 28: Flag carrier Air India has kept one of its 423-seater jumbo planes ready in Mumbai for the evacuation of Indian citizens from Wuhan in China in the wake of the coronavirus outbreak in that country, an official source said on Tuesday.

The airline is awaiting necessary approvals from the ministries of external affairs and health to operate the special flight, the source said. The health ministry's nod is required because the operating crew has to fly in a virus outbreak territory.

"We have kept a Boeing 747-400 ready in Mumbai to operate an evacuation flight to China whenever we get a go ahead from the government," the source said.

Some 250 Indians are to be evacuated.

At a meeting of top secretaries called by the cabinet secretary on Monday, the government decided to be prepared for possible evacuation of Indian nationals in Wuhan.

Accordingly, Ministry of External Affairs will make a request to the Chinese authorities for evacuation of Indian nationals, mostly students, stuck in Wuhan city. The Ministry of Civil Aviation and Ministry of Health will make arrangements for transport and quarantine facilities respectively, an official release said on Monday.

Wuhan along 12 other cities have been completely sealed by the Chinese authorities to stop the virus from spreading. The death toll climbed to 80 with 2,744 confirmed cases.

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