Gorakhpur hospital tragedy: Allegations against Dr Kafeel Khan proven false

Agencies
November 27, 2017

Lucknow, Nov 27: Unable to find any evidence, the Gorakhpur police have dropped corruption and private practice charges against Dr Kafeel Ahmed Khan, who was made one of the nine accused in the deaths of children at the BRD Medical College in Gorakhpur on August 10 and 11.

After state government’s permission, the Gorakhpur Police filed charge-sheets against remaining two former BRD Medical College Principal Dr Rajiv Mishra and Paediatric Ward Head Dr Kafeel Ahmed Khan in the Gorakhpur Court. Dr Mishra was charged under Sections 120-B, 308, 409 of the IPC and 7/13 Anti-Corruption Act while Dr Khan was charged under Sections 120-B, 308 and 409 of the IPC.

Significantly, the Director General Medical Education K.K. Gupta had filed an FIR against Dr Khan under sections 120-B, 308, 409 of the IPC, Section 7/13 of Anti-Corruption Act, Section 66 of IT Act and Section 15 of the Indian Medical Council Act in the last week of August on the recommendation of the high-level committee headed by the Chief Secretary Rajive Kumar.

The Investigative officer Abhishek Singh said that they could not find any material and substantive evidence during the course of investigation against Dr Khan to prove that he was involved in corruption, indulged in private practice or violated any provisions of the IT Act.

“Since no evidence was found against Dr Khan on these counts, we had dropped these charges against him” said Singh. The investigative officers have submitted statements from 93 witnesses and documentary proof against Dr Mishra but could not find any evidence to prove corruption and private practice charges against him.

“Dr Khan was made the scapegoat in the case. An FIR was filed on flimsy grounds to accuse him of private practice, but the police could not find any evidence to prove the charge. This clearly suggest that he is innocent and framed in the case as Chief Minister Yogi Adityanath got annoyed with him because the media made him a saviour,” rued a close relative of Dr Khan.

Earlier, the Gorakhpur Police had filed chargesheets against Dr Purnima Shukla, former Anaesthesia Department Head Dr Satish Kumar, ex Chief Pharmacist Gajanan Jaiswal, Accounts departments clerks Sudhir Pandey, Udai Sharma, Sanjay Tripathi and owner of Pushpa Sales Pvt Lt Manish Bhandari. The police were awaiting government nod to file chargesheets against Dr Mishra and Dr Khan.

Meanwhile, FIRs are also likely to be filed against another former Principal of the BRD Medical College DR K.P. Kushwaha and four others in connection with executing contract with oxygen supplier Pushpa Sales Pvt Ltd. During the course of investigation it was found that Pushpa Sales Pvt Ltd was not manufacturing oxygen but despite that it was engaged to supply oxygen on higher price resulting in losses to state exchequer and violation of tendering process.

“Instead of executing the contract with Innox, the company which was producing oxygen, Pushpa Sales Pvt Ltd was given the oxygen supply contract. This raises doubts on role of five members of the committee which executed the contract,” the investigative officer told the court.

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Agencies
March 8,2020

Mumbai, Mar 8: A day after the Enforcement Directorate registered a money laundering case against Yes Bank founder Rana Kapoor and raided his premises, he was taken to the agency's office in Mumbai on Saturday for further questioning.

Kapoor, who was grilled by central agency's officials on Friday night at his Samudra Mahal residence in Mumbai, was shifted to the ED office in the metropolis around 12.30 pm.

ED officials said Kapoor was questioned throughout the night, with some rest time.

A senior ED official connected with the probe told IANS: "Kapoor will be questioned about Yes Bank loans to Dewan Housing Finance Limited (DHFL)."

The official said that during searches a lot of incriminating documents were found and the agency wanted to grill him on his links with DHFL promoters and other companies.

Kapoor's alleged role in the disbursal of loan to a corporate entity and kickbacks reportedly received in his wife's bank account are also under probe.

The ED had filed the money laundering case against Kapoor and raided his residence, apart from issuing a look-out circular so that he does not flee the country.

The ED registered a money laundering case against Kapoor as a continuation of its probe against the DHFL wherein it was allegedly found that Rs 12,500 crore was diverted to 80 shell companies using one lakh fake borrowers. The transactions with these shell companies date back to 2015.

An ED official in New Delhi told IANS that the DHFL probe revealed that funds diverted by the DHFL originated from Yes Bank.

He said that the searches at Kapoor's residence on Friday night were meant to find out any irregularity in grant of loans to the DHFL by the Yes Bank.

The ED has accused Kapil and Dheeraj Wadhawan of DHFL of purchasing shares in five firms -- Faith Realtors, Marvel Township, Abe Realty, Poseidon Realty, and Random Realtors -- after which they were amalgamated with Sunblink.

The outstanding loans of these five firms, totalling around Rs 2,186 crore till July 2019, were allegedly appropriated onto the books of Sunblink to cover up the diversion of loans acquired from DHFL.

The ED's action comes after the RBI superseded Yes Bank Board for 30 days and appointed an administrator, putting a cap of Rs 50,000 on withdrawals by account holders for a month.

The RBI said that the bank's board was superseded "owing to serious deterioration in the financial position of the bank".

Former SBI CFO Prashant Kumar was appointed as administrator of Yes Bank, which has over 1,000 branches and 1,800-plus ATMs across the country.

On Thursday, Union Finance Minister Nirmala Sitharaman said that the bank was on watch since 2017 and developments relating to it were monitored on a day-to-day basis.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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News Network
February 1,2020

New Delhi, Feb 1: Finance Minister Nirmala Sitharaman promised to make India a higher education destination, as she unveiled the government’s plan to invest in the education sector in her Budget speech.

“We propose Rs 99,300 crore for education sector in 2020-21 and Rs 3,000 crore for skill development,” said Sitharaman. While there is an increase of 4.6 per cent in the education spending than last year, the budget for skill development remains almost unchanged. Sitharaman also announced holding IND-SAT exam in African and Asian countries, for foreign candidates who wish to study in India.

The Finance Minister had listed three themes of the Union Budget 2020 while presenting the financial statement of the government in Parliament: Aspirational India to boost the standard of living, economic development for all, and building a humane and compassionate society. The spend under education is being done under aspirational India, “which focusses on focussed on skills, education, and agriculture” said Sitharaman.

“A degree-level full-fledged online education programme will be offered by institutes in top 100 in National Institutional Ranking Framework,” said Sitharaman, adding that Centre will announce a new education policy soon. “The government has received over 2 lakh suggestions on it.”

Further giving boost to India’s import of skilled human capital, Sitharaman said, “I propose special bridge course for nurses and medical professional for labour export to countries who open their door for such jobs.”

“Steps will be be taken to attract external commercial borrowing and Foreign Direct Investment (FDI) in the education sector,” the finance minister added.

She further said the government plans to start a programme for urban local bodies to provide opportunities for internship to young engineers.

The Finance Minister also said National Police University and National Forensic University are being proposed.

The government has also proposed to attach medical colleges with district hospitals on PPP model to deal with shortage of doctors, Sitharaman added.

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