INX Media case: SC refuses anticipatory bail for Cong leader Chidambaram

Agencies
September 5, 2019

New Delhi, Sept 5: The Supreme Court on Thursday refused to intervene against a Delhi High Court order to protect former Union Finance Minister P. Chidambaram from arrest by the Enforcement Directorate (ED) probing money laundering charges against him in the INX Media case.

In a short order, a Bench of Justices R. Banumathi and A.S. Bopanna said anticipatory bail could not be expected as a matter of right, especially in economic offences. Courts had to provide anticipatory bail sparingly.

As an after-effect of the dismissal of his plea in the ED case, Mr. Chidambaram chose to withdraw his appeal challenging his arrest and remand in the CBI part of the INX Media case.

Mr. Chidambaram is currently in CBI custody. He is due to be produced before the trial court for remand hearing. He has completed 15 days in CBI custody. He has applied for regular bail in the CBI court. If that fails, chances are he may be sent to Tihar Jail in judicial custody. With this apex court order, the road is also clear for the ED to arrest him.

In its decision, the apex court further upheld the investigating agency’s stand that an accused could not insist that he should be first confronted with the evidence placed in court to deny him anticipatory bail.

The court said this may run the risk of exposing the evidence.

The ED had argued that the “art of investigation” did not oblige it to reveal to Mr. Chidambaram the entire gamut of evidence collected during investigation in the INX Media case.

Solicitor General Tushar Mehta, for the ED, had told the Supreme Court that complete transparency towards an accused, especially one so high-profile like the senior Congress leader, would have been an open invitation for him to tamper with evidence of money laundering. A tell-all policy in favour of accused persons destroyed cases.

Mr. Mehta said it was “preposterous and absurd” for Mr. Chidambaram to claim that only evidence he was privy to should have been shown to the Delhi High Court. Such an approach, if adopted, would affect other sensitive investigations into the Vijay Mallya, Mehul Choksi, Neerav Modi, Sharda chit fund and terror funding cases.

“It will result in disastrous consequences,” Mr. Mehta submitted on August 29, when the case was reserved for orders.

“The art of investigation is that we reveal only certain things. If we confront him with 15 money trails when he really has 30, he will do his best to wipe out the rest,” Mr. Mehta reasoned.

Mr. Chidambaram had argued that the Delhi High Court had refused him protection from arrest on August 20 solely on the basis of “material” handed over by the probe agency in a sealed cover “behind his back”.

Senior advocate Kapil Sibal, for Mr. Chidambaram, said the case was a classic example of how “sealed covers seal the fate of a man’s liberty”.

Mr. Chidambaram’s lawyers had questioned why he was not confronted with this material when he was questioned thrice by the ED on December 19, 2018, January 7 and January 21, 2019. They sought a transcript of the interrogation sessions of the three days.

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News Network
March 16,2020

New Delhi, Mar 16: Reliance Group Chairman Anil Ambani has been summoned by the ED in connection with its money laundering probe against Yes Bank promoter Rana Kapoor and others, officials said on Monday.

They said Ambani was asked to depose at the Enforcement Directorate office in Mumbai on Monday as his group companies are among the big entities whose loans went bad after borrowing from the crisis-hit bank.

The officials said Ambani, 60, has sought exemption from appearance on some personal grounds and he may be issued a new date.

Ambani's group companies are stated to have taken loans of about Rs 12,800 crore from the bank that turned NPAs.

Finance Minister Nirmala Sitharaman had said in a March 6 press conference that the Anil Ambani Group, Essel, ILFS, DHFL and Vodafone were among the stressed corporates Yes Bank had exposure to.

Officials said promoters of all the big companies who had taken large loans from the beleaguered bank which later turned bad are being summoned for questioning in the case to take investigation forward.

Ambani's statement will be recorded under the Prevention of Money Laundering Act (PMLA) upon deposition, they said.

Kapoor, 62, is at present in ED custody after he was arrested by the central probe agency early this month.

The ED has accused Kapoor, his family members and others of laundering "proceeds of crime" worth Rs 4,300 crore by receiving alleged kickbacks in lieu of extending big loans through their bank that later turned NPA.

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Agencies
June 27,2020

Mumbai, Jun 27: The Shiv Sena on Saturday hit out at the BJP over its charge that the Rajiv Gandhi Foundation (RGF) had accepted donations from the Chinese embassy, and asked it whether the issue had any connection with intrusion by the neighbouring country in Ladakh and the martyrdom of 20 Indian soldiers.

The Sena also alleged that those raising questions against the government over the standoff with China were being labelled as Chinese agents by the BJP.

BJP chief J P Nadda had on Thursday targeted the Congress and the Gandhi family saying that the RGF had allegedly accepted donations from the Chinese embassy. Hitting back, the Congress had said that the RGF issue raised by the BJP government was a "manufactured charge" and "diversionary tactic" to deflect attention from the LAC crisis.

"What do you mean by Congress gets money from China? Instead of responding to the issues raised by Sonia Gandhi and Rahul Gandhi over the Chinese incursions, the BJP leaders accused the Congress of receiving funds from China," the Sena said in an editorial in party mouthpiece 'Saamana'.

"Will BJP's revelations about the donations stop the Chinese activities along the border? The BJP should tell what connection does these donations have with the Chinese incursion and the martyrdom of 20 soldiers," it added.

"In our country, many political leaders and parties, and not just the Congress, are beneficiaries of foreign countries. The BJP speaking about this is like throwing stones in the mud," it said.

The Uddhav Thackeray-led party said that Chinese President Xi Jinping visited India twice in the last six years.

"He was hosted in Gujarat. But it is a fact that China has betrayed. Holding talks on the one hand and continuing with the offensive along the border on the other hand is China's old policy," it said.

In the present scenario, the entire country stands firmly with PM Modi. This crisis is not for the BJP or the Congress, but for the entire country, whose prestige is at stake, it said.

"The BJP can fight with the Congress any time later.

But now is the time to fight against China. It should speak on that," the Sena said.

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Agencies
May 18,2020

Jeddah, May 18: Saudi Arabia’s Grand Mufti and head of the Council of Senior Scholars and the Department of Scientific Research and Ifta Sheikh Abdul Aziz Al Asheikh ruled that it is permissible to perform Eid Al-Fitr prayer at home under exceptional circumstances similar to the current pandemic situation. The prayer consists of two rakats with reciting more numbers of takbeer and without a sermon.

Speaking to Okaz/Saudi Gazette, he said that Zakat Al-Fitr could be distributed through charitable societies if they are reliable ones, with the condition that it should be distributed before the day of Eid. The Grand Mufti urged parents to bring joy and happiness to their children and their families by spending more on them.

Meanwhile, Sheikh Abdul Salam Abdullah Al-Sulaiman, member of the Council of Senior Scholars and the Standing Committee of Fatwa, said that Eid prayer could be performed individually or in congregation.

Speaking to Okaz/Saudi Gazette, he said that the worshiper will recite takbeer to start salat and then follow it with six more takbeer in the first rakat before reciting Fatiha loudly and then it is ideal to recite Surah Al-Qaf.

In the second rakat, there will be five takbeer after the takbeer at the start of the rakat before starting to recite Surah Fatiha and then Surah Al-Qamar, following the example of the Prophet (peace be upon him). It is also ideal to recite Surah Al-A’la and Al-Ghashiya instead of Al-Qaf and Al-Qamar in each rakat respectively.

Sheikh Al-Sulaiman also cited the example of Anas Bin Malik, a prominent companion of the Prophet (pbuh). When Anas (May Allah be pleased with him), was at his home in Zawiya, a place near Basra, he did not find any Eid congregation prayer and therefore he performed prayer along with his family members and his aide Abdullah Bin Abi Otba.

The scholar said that the time for Eid prayer begins after sunrise and the best time is after the sun rises by the height of one or two spears as agreed by most scholars. This means 15 or 30 minutes after sunrise and its time continues until the end of the time of the Duha prayer; that is before the Zuhr prayer begins.

The prayer is forbidden at the moment when the sun rises, and the majority of jurists, including the schools of thought of Shafi, Maliki, and Hanbali opposed prayer at sunrise and favored to perform the prayer only after the sun rises by the height of one or two spears in the sky.

Regarding the recitation of takbeer on the occasion of Eid Al-Fitr, Sheikh Al-Suleiman said that it should begin during the night of the Eid and continue until the beginning of the Eid prayer.

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