Fund embezzlement: SC refers Setalvad's case to larger bench

March 19, 2015

New Delhi, Mar 19: The Supreme Court today referred to a larger bench the petition filed by Teesta Setalvad and her husband seeking anticipatory bail in the case of alleged embezzlement of funds for a museum at Ahmedabad's Gulbarg Society that was devastated in the 2002 riots.

The apex court, however, said that the interim order providing protection from arrest to Setalvad and her husband Javed Anand shall be extended till the larger bench takes up the matter.

SetalvadWhile referring the matter to a larger bench, a bench comprising Justices Dipak Misra and Adarsh Kumar Goel said the matter in hand raises several issues pertaining to concept of liberty in view of the offences enumerated in the case.

The bench also said that among the issues that needed to be discussed included supremacy of law, value of liberty, concept of regulated liberty, anticipatory bail and issue of non-cooperation during investigation by the accused.

The two-judge bench had on February 19 reserved its order in the anticipatory bail plea of Setalvad and her husband who had challenged the Gujarat High Court order denying them the relief.

The High Court in its February 12 judgement had observed that Setalvad and her husband were not cooperating in the probe and that "they cannot be armoured with full-fledged anticipatory bail when applicants did not cooperate with the investigation".

Hours after the High Court had denied them the bail, they had moved the apex court and the bench headed by Chief Justice H L Dattu had granted stay of the order and posted the matter for next day.

A bench of justices S J Mukhopadhya (since retired)and N V Ramana had asked some tough questions to Setalvad and her husband for seeking anticipatory bail.

It had extended the protection from arrest till February 19 when a new bench of Justices Dipak Misra and Adarsh Kumar Goel further extended the stay and reserved the judgement.

Setalvad and her husband have been booked by the Crime Branch of Gujarat Police on charges of cheating, breach of trust and under the IT Act, in a matter relating to the construction of "Museum of Resistance" in the Gulbarg Society in Ahmedabad which was hit by communal riots in 2002.

The bench headed by Justice Misra had clarified that non-cooperation by Teesta a social activist, and her husband into the investigation would give liberty to Gujarat police to move application for cancellation of bail.

It had also directed the accused to hand over the list of documents sought from them by the Gujarat police to carry forward its investigation into the case.

On February 28, 2002, in the aftermath of the Godhra train burning incident, armed rioters had swooped on the Gulbarg Society and killed 69 people, including former Congress MP Ehsan Jafri.

One of the riot victims from Gulbarg Housing Society, which was burnt during the 2002 post-Godhra riots, had lodged a complaint with the Ahmedabad Police against Setalvad, Anand and two NGOs run by them - Citizens for Justice and Peace and Sabrang Trust - alleging misappropriation of funds to the tune of Rs 1.51 crore.

According to the complaint, the accused persons had collected funds in the name of converting part of the Gulbarg Society into a museum and had allegedly misappropriated funds worth Rs 1.51 crore.

The accused had contended that they have been implicated in the case and were victims of political vendetta. They claimed that they were being targeted by the perpetrators of the riots.

In 2006, the social activists decided to build the 'Museum of Resistance' at the site of the Gulbarg Society. Accordingly in 2009, a part of the plot was sold to Sabrang Trust.

However in 2012, the idea of the museum was dropped as the prices escalated. The same was communicated to the society.

But, according to the complaint filed against Setalvad, funds were collected by her despite the idea being dropped.

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News Network
May 4,2020

Munbai/New Delhi, May 4: India expects bad debts at its banks could double after the coronavirus crisis brought the economy to a sudden halt, a senior government official and four top bankers said.

Indian banks are already grappling with 9.35 trillion rupees ($123 billion) of soured loans, which was equivalent to about 9.1% of their total assets at the end of September 2019.

"There is a considered view in the government that bank non-performing assets (NPAs) could double to 18-20% by the end of the fiscal year, as 20-25% of outstanding loans face a risk of default," the official with direct knowledge of the matter said.

A fresh surge in bad debt could hit credit growth and delay India's recovery from the coronavirus pandemic.

"These are unprecedented times and the way it's going we can expect banks to report double the amount of NPAs from what we've seen in earlier quarters," the finance head of a top public sector bank told Reuters.

The official and bankers declined to be named as they were not officially authorized to discuss the matter with media.

India's finance ministry declined to comment, while the Reserve Bank of India and Indian Banks' Association, the main industry body, did not immediately respond to emails seeking comment.

The Indian economy has ground to a standstill amid a 40-day nationwide lockdown to rein in the spread of coronavirus cases.

The lockdown has now been extended by a further two weeks, but the government has begun to ease some restrictions in districts that are relatively unscathed by the virus.

India has so far recorded nearly 40,000 cases of the coronavirus and more than 1,300 deaths from COVID-19, the respiratory disease caused by the coronavirus.

'RIDING THE TIGER'

Bankers fear it is unlikely that the economy will fully open up before June or July, and loans, especially those to small- and medium-sized businesses which constitute nearly 20% of overall credit, may be among the worst affected.

This is because all 10 of India's largest cities fall in high-risk red zones, where restrictions will remain stringent.

A report by Axis Bank said that these red zones, which contribute significantly to India's economy, account for roughly 83% of the overall loans made by its banks as of December.

One of the sources, an executive director of a public sector bank, said that economic growth had been sluggish and risks had been heightened, even ahead of the coronavirus crisis.

"Now we have this Black Swan event which means without any meaningful government stimulus, the economy will be in tatters for several more quarters," he said.

McKinsey & Co last month forecast India's economy could contract by around 20% in the three months through June, if the lockdown was extended to mid-May, and growth in the fiscal year was likely to fall 2% to 3%.

Bankers say the only way to stem the steep rise in bad loans is if the RBI significantly relaxes bad asset recognition rules.

Banks have asked the central bank to allow all loans to be categorized as NPAs only after 180 days, which is double the current 90-day window.

"The lockdown is like riding the tiger, once we get off it we'll be in a difficult position," a senior private sector banker said.

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News Network
April 14,2020

Thiruvananthapuram, Apr 14: Only three fresh COVID-19 cases were reported in Kerala on April 13, while 19 confirmed patients, who were undergoing treatment, tested negative for the infection, according to the COVID-19 Outbreak Control and Prevention State Cell, Health and Family Welfare Department, Kerala government.

As of Monday evening, there are just 178 positive COVID-19 cases in the State.

Twelve patients from Kasargod district, three each from Pathanamthitta and Thrissur districts, and one from Kannur district are among those who have recovered from COVID-19 and tested negative.

To date, there have been a total of 378 confirmed cases of coronavirus in Kerala.
Meanwhile, Kerala Chief Minister Pinarayi Vijayan has demanded that State Relief Funds be made eligible for Corporate Social Responsibility (CSR) funding by making changes to the Companies Act.

Addressing the media, the Chief Minister said, "The Government of Kerala is of the opinion that contributions to the Chief Minister's Disaster Relief Funds should be included as an eligible expenditure under CSR. In a federal setup, the Relief Funds set up by the States for a public purpose cannot be excluded from the eligibility criteria when the same is available for a Central Fund set up with similar objectives and aims."

The Kerala CM said that he has written to the Prime Minister in this regard urging him to make the necessary changes.

Vijayan once again reiterated the demand of the State government to bring back stranded Keralites from overseas and added that, "We will extend all possible help and support to the Pravasi Malayalees when they come back also including rehabilitation of those who would lose their jobs in the backdrop of the pandemic outbreak."

He added that a decision on extending the lockdown in the State will be taken after taking into account the decision of the Central government in the address by the Prime Minister scheduled for April 14.

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AJS
 - 
Tuesday, 14 Apr 2020

HATS-OFF TO BOLD CHIEF MINISTER OF KERALA MR. VIJAYAN... BAHUBALI

THE ONLY CHIEF MINISTER TO APPROACH GCC FOR HIS PEOPLE.... A ROLL MODEL FOR OTHER STATES AND CENTER

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News Network
January 15,2020

New Delhi, Jan 15: The mother of 23-year-old paramedic student, who was raped and brutally assaulted by six men in December 2012, on Tuesday said she knew that the curative petitions of the convicts will be rejected and is confident that they will be hanged on January 22.

Her remarks came after the Supreme Court on Tuesday refused to stay the execution of two of the four death row convicts in the 2012 Nirbhaya gang rape and murder case while dismissing their curative petitions against their conviction and capital punishment.

"The curative please had to be rejected. This was the third time they had gone to the Supreme Court. Whatever pleas they file, we are ready to face them and we will fight it out. We feel that they will be hanged on January 22. We want that to happen," Nirbhaya's mother told PTI over phone.

The four convicts -- Vinay Sharma (26), Mukesh Kumar (32), Akshay Kumar Singh (31) and Pawan Gupta (25) -- are to be hanged on January 22 at 7 am in Tihar jail as a Delhi court issued their death warrants on January 7.

Vinay and Mukesh had filed curative petitions on January 9.

Shortly after the apex court refused to stay the execution of two of them, Mukesh moved a mercy petition before President Ram Nath Kovind.

Mukesh also approached the Delhi High Court for quashing the death warrant. The high court is expected to take up his petition on Wednesday.

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