INX-Media case: Court sends Chidambaram to Tihar jail

Agencies
September 5, 2019

New Delhi, Sept 5: Veteran Congress leader and former finance minister P Chidambaram was sent to Tihar jail Thursday by a Delhi court where he will spend 14 days in judicial custody in connection with the INX Media corruption case.

Special Judge Ajay Kumar Kuhar sent him to judicial custody till September 19.

"The allegations against the accused were found serious therefore he was remanded to police custody. The investigation is still in progress," the judge said.

"CBI has apprehension that because of his status and his position, the investigation may be hampered by the accused. It's not a case where the accused can be 'released' at the stage of considering his extension of his remand as submitted by the counsel for accused.

"Having considered all facts and circumstances of the case, the nature of offences, stage of investigation, the accused is remanded to judicial custody," he said.

The court allowed him to carry his spectacles, prescribed medicines and providing him with western toilet facility. It also directed that he be kept in a separate cell in Tihar prison as he was a protectee under Z-security.

Solicitor General Tushar Mehta assured that there will be adequate security for Chidambaram in the jail.

The court also issued notice to the Enforcement Directorate on Chidambaram's plea seeking to surrender in the money laundering case lodged by the agency in which the Supreme Court Thursday dismissed his plea against the August 20 order of the Delhi High Court denying him pre-arrest bail.

Chidambaram, 73, was produced before a Delhi court on Thursday after the expiry of his 2-day CBI custody in the case.

His 15-day CBI custody, ordered by the special court in five spells, which started after his arrest on August 21 night, ends today.

His counsel opposed the CBI plea for judicial custody, which will take him to Tihar jail, and said that the veteran Congress leader was ready to go into the ED custody for interrogation in the money laundering case arising out of the scam in which the apex court Thursday refused to grant him pre-arrest bail.

Chidambaram was brought to the special court hours after he withdrew his petition challenging the non-bailable warrant issued against him following which he was sent to the CBI custody.

He was produced before Special Judge Ajay Kumar Kuhar, who had on Tuesday sent him to the CBI custody till today after taking note of the Supreme Court's order which had said that Chidambaram would be in the CBI custody till September 5.

The apex court Thursday also decided on his appeal against the Delhi High Court's August 20 order in the money laundering case lodged by ED and rejected his challenge to denial of anticipatory bail.

Hours after the apex court order, another special court granted Chidambaram and his son Karti anticipatory bail in the Aircel Maxis cases.

In the INX matter, the Solicitor General is appearing for the CBI while senior advocate Kapil Sibal is representing Chidambaram.

The CBI had registered an FIR on May 15, 2017, alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as the finance minister.

Thereafter, the Enforcement Directorate lodged a money laundering case in this regard in 2017.

Chidambaram, who was Union home minister as also finance minister during the UPA rule from 2004 to 2014, was arrested by the CBI on August 21 from his Jor Bagh residence.

During the proceedings, Mehta informed the judge about the outcome of the Supreme Court's order in the ED case and also about the withdrawal of his petitions in the CBI case.

CBI told the court that Chidambaram can be sent to judicial custody as he was a powerful public person and should not be set free.

Sibal opposed the CBI saying there was no allegation that Chidambaram tried to influence or hamper probe.

He further said that Chidambaram was ready to go to the ED custody in money laundering case related to INX Media in which the apex court Thursday dismissed his plea challenging the High Court's August 20 order.

Sibal said Chidambaram will surrender and ED will take him into custody.

"Why should I (Chidambaram) be sent to jail (Tihar)?" he said and pressed that ED should take him to its custody.

"There is nothing found against me. There is no charge sheet. They say I am a powerful and influential. But they have no evidence. There is no evidence of tampering with evidence. Has a witness said anything like that?" Sibal argued.

Mehta objected to Sibal's submission saying he is arguing for bail.

However, Sibal said, "The reasons given in the application for judicial custody are non-existent. What do you need me for in judicial custody."

When the Solicitor General sought a clarification as to for what relief Sibal is arguing the latter said, "I (Chidambaram) am arguing for my release."

Mehta said the apex court has accepted his arguments in the money laundering case lodged by the ED and there is a strong chance of tampering with evidence and witnesses and response is awaited on the Letters Rogatory sent to various countries.

He alleged that Chidambaram was influencing the banks in foreign countries and he was non-cooperative in the investigation and the banks may not cooperate if he influences them.

"This is a case of serious economic offence affecting economy of the country," he said, adding that Chidambaram is influential and has pervasive control over things and may influence witnesses.

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Agencies
June 15,2020

New Delhi, Jun 15: After Two Indian officials working with Indian High Commission in Pakistan wet missing on Monday,  the Ministry of External Affairs summoned Pakistan's Charge d'affaires to India in the national capital and told them not to interrogate or harass Indian officials.

"Two Indian High Commission officials are missing since morning while on official work. The matter has been taken up with the Pakistani authorities," Akhilesh Singh, First Secretary and spokesperson, Indian High Commission, Pakistan, said.

According to sources quoted by PTI news agency, the MEA told the  Pakistan's Charge d'affaires to India that the responsibility of safety and security of Indian personnel in Islamabad "lays squarely with Pakistani authorities."

"Pakistan was asked to ensure return of two Indian officials along with official car to Indian High Commission in Islamabad immediately," sources added. 

The incident comes after two Pakistani officials at the Pakistani High Commission in New Delhi were accused of espionage and deported.

The two officials have been missing since Monday morning. Officials said the issue has been taken up with the Pakistan government.

Earlier, a vehicle of India's Charge d'affaires Gaurav Ahluwalia was chased by Inter-Services Intelligence (ISI) member.

In March, the Indian High Commission in Pakistan sent a strong protest note to the foreign ministry in Islamabad protesting against the continuing harassment of its officers and staff by Pakistani agencies.

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News Network
April 19,2020

New Delhi, Apr 19: The government on Sunday prohibited the sale of non-essential items through e-commerce platforms during the ongoing lockdown, four days after allowing such companies to sale mobile phones, refrigerators and ready-made garments.

Union Home Secretary Ajay Bhalla issued an order excluding the non-essential items from sale by the e-commerce companies from the consolidated revised guidelines, which listed the exemption given to the services and people from the purview of the lockdown.

The order said the following clause "E-commerce companies. Vehicles used by e-commerce operators will be allowed to ply with necessary permissions" is excluded from the guidelines.

The previous order had said such items were allowed for sale through e-commerce platforms from April 20.

However, the reason for reversing the order is not known immediately.

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News Network
March 16,2020

Mar 16: An investigation into Coffee Day Enterprises Ltd., initiated by its board after the death of founder V.G. Siddhartha, is likely to conclude that at least Rs 2,000 crore is missing from its accounts, according to people familiar with the matter.

The months-long probe following the suicide of Siddhartha in July examined the financial transactions of India’s largest coffee chain and its dealings with dozens of private companies owned by the entrepreneur. The draft report, running more than a hundred pages, points to thousands of rupees that have gone missing, said the people, asking not to be named because the details aren’t public. It also details hundreds of transactions between the founder’s listed and personal businesses that were not conducted at arm’s length, they said.

Though the report is in its final stages, the precise details could change before its release, expected as early as this week, the people said. The missing funds could total more than Rs 2500 crore, one person said.

“The investigation report is still a work in progress, and not finalized,” a spokesman for the company said. “The board of directors and the company are unaware of its content at this point of time. Hence it would be premature to speculate on the investigation findings.”

The priority for management and Siddhartha’s family “is to keep the business running in a challenging environment and meet all stakeholder commitments, including 30,000 jobs associated with the group,” the spokesman added.

The disappearance of the 59-year-old founder last year stunned India’s business community. He had last been seen telling his driver he was going for an evening walk along a bridge in southern India; his body was found by local fishermen two days later. A letter delivered to Coffee Day’s board and employees, which appeared to be signed by Siddhartha, described massive debts and complained of pressure from lenders and tax authorities. It claimed he bore sole responsibility for the company’s financial transactions.

The probe began about a month later when the company brought in Ashok Kumar Malhotra, a retired senior official from India’s federal enforcement agency, to investigate. A senior lawyer practicing in India’s top court is assisting, the company said in a regulatory filing at the time.

The publicly traded Coffee Day was supposed to be India’s answer to Starbucks Corp. More than 1,500 of its Café Coffee Day outlets blanketed cities and highways, with affordable options for the country’s aspiring middle classes. The chain’s tagline: “A lot can happen over coffee.”

But the empire has been battered since the founder’s death. Its shares plummeted about 90% and its market value dropped to about $80 million. Trading was suspended in February.

India’s regulators are tracking the situation and may use the company’s final report as part of a deeper dive into its internal affairs, the people said. Coffee Day showed about Rs 2400 crore in cash and cash equivalents on its balance sheet as of March 2019, the most recent figures the company has issued.

After the death of Siddhartha however, the company faced a severe liquidity crunch and had “zero cash in the bank,” according to one of the people. It struggled with day-to-day expenses and paying salaries has been a strain, the person said.

The draft report details personal guarantees by Siddhartha for loans taken by Coffee Day, and his unsecured loans at high interest rates from local money lenders, the people said. It also probes Coffee Day’s defaults to coffee growers and other vendors, they said.

A related issue is that coffee estates owned by Siddhartha and several employees had been used as collateral for bank loans. The report found that valuations for properties were inflated to get the loans, one person said.

Investigators have examined several theories about what happened to the company’s money, including whether Coffee Day was manipulating its finances to show cash and profit and whether Siddhartha was taking cash out of the listed company to pay off a large investor to whom he had guaranteed a return, the person said. From the filings of his listed and private companies, the entrepreneur’s loans had totaled more than Rs 10,000 crore, and he had been squeezed by borrowing to repay interest on earlier loans, the person said.

In the letter purportedly from Siddhartha, the entrepreneur said he had tried his best but failed as an entrepreneur. “I am solely responsible for all mistakes,” the letter read. “Every financial transaction is my responsibility. My team, auditors and senior management are totally unaware of all my transactions. The law should hold me and only me accountable, as I have withheld this information from everybody including my family.”

As the report nears release, Coffee Day is finalizing a deal with Blackstone Group Inc. for real estate assets. A large tranche of the payment is due in about a week, one person said.

Coffee Day said it is working to reduce its debt load by divesting non-core enterprises.

“The aim is to save employment and preserve this iconic Indian brand,” the spokesman said.

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