INX media case: SC reserves judgement on Chidambaram's bail plea

Agencies
October 18, 2019

New Delhi, Oct 18: The Supreme Court on Friday reserved judgement on a plea of former Union Minister and Congress leader P Chidambaram against the order of Delhi High Court that dismissed his bail petition in the INX media case.

A bench headed by Justice R Banumathi reserved the judgement on the bail hearing plea after hearing arguments from the counsels of Chidambaram and CBI.

Solicitor General Tushar Mehta, representing the CBI, said, "Illegal investment comes into INX and that the investment also goes out without permission (downstream). There was a downstream investment into other companies of INX without any application. A very scientific and professional investigation has resulted in this chargesheet."

"Sometimes, the position of the accused is such that his presence is enough to influence and intimidate the witnesses. Atleast till some part of the trial is conducted and some material witnesses are examined, the court will face this situation. Chidambaram should not be granted bail till some of the crucial witnesses are examined in trial in INX media case. This is not a usual bail application," Mehta added.

The CBI said that that people are witnessing an era where persons who are accused of financial offences are fleeing the country.

"We have people who have fled the country. They all were responsible people and had a reputation standing in society. They had properties in the country. I am not comparing. We, as a nation are facing this problem. I am not comparing but arguing on this principle. We can't take the risk again," Mehta said.

Lawyer Kapil Sibal, appearing for Chidambaram, said that putting a person in jail for a longer period of time and incarcerating him does not do any good to criminal jurisprudence. "They should present a strong case for arrest after filing chargesheet," he said.

"If their chargesheet has found me guilty, then let them prove it in court during trial. There is no point to bring it all here in a matter of bail. I will answer the allegations in trial," Sibal added.

As Sibal started his arguments, Mehta raised objection to his reference to the 2G spectrum case.

Sibal said, "I can argue the way I want. " Mehta on the other hand, replied, "Don't bring up fairytales."

Sibal replied to Mehta saying, "Sometimes you threaten, sometimes you interrupt."

Amidst the pandemonium, Justice Bhanumathi stepped in and said, "Then sometimes you both smile, laugh and talk to each other."

Sibal said that Chidambaram never submitted an application to travel out of the country.

"Chidambaram never gave an application to travel out of the country. Where can he run away? World knows him. Can we escape trial? It's a spurious, unreasonable and thoughtless to say he has flight risk," he said.

"Solicitor General Tushar Mehta makes the unique argument that Chidambaram will come to the conclusion that he is bound to be convicted and will run away.

What is this new jurisprudence? He has never even once applied for foreign travel," the advocate added.

Sibal alleged that it is a clear purpose of CBI to seek further custody of Chidambaram in order to humiliate him.

Earlier in the day, the CBI filed a chargesheet in a Delhi Court here in connection with the INX media case. P Chidambaram, his son Karti Chidambaram, former media baron Peter Mukerjea among others have been named in the CBI chargesheet.

Chidambaram was arrested by the Enforcement Directorate on Wednesday under the Prevention of Money Laundering Act. A special court had on Thursday sent him to the ED custody till October 24.

Special Judge Ajay Kumar Kuhar, while sending Chidambaram to the custody, allowed an application filed by the Congress leader seeking western toilet, home-cooked food, medicine and a separate cell.

In August, the senior Congress leader was booked by the CBI to probe the charges of corruption in the same case.

In the CBI case, the court extended his judicial custody in Tihar jail till October 24.

The case pertains to an FIR registered by the CBI for alleged irregularities in the Foreign Investment Promotion Board (FIPB) clearance given to INX Media to the tune of Rs 305 crore in 2007 by Chidambaram when he was the Finance Minister.

ED is investigating the alleged offence of money laundering that arose out of the FIR.

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Agencies
July 23,2020

Ahmedabad, Jul 23: Private schools in Gujarat have suspended online classes for an indefinite period from Thursday, after a state government order said they should not collect fees from students until the schools reopen.

In a notification issued last week, the Gujarat government directed self-financed schools in the state not to collect tuition fees from students as long as they remain shut in the wake of the COVID-19 pandemic.

It also asked these schools not to hike fees for the academic year 2020-21.

Unhappy with the move, a union of representing nearly 15,000 self-financed schools in Gujarat decided to put on hold online classes, an alternative arrangement started earlier this month for students.

Majority of these schools informed the parents through SMS on Wednesday night that there will not be any online classes for their wards from Thursday.

Self-financed School Management Association's spokesperson Dipak Rajyaguru on Thursday said almost all the self-financed schools in the state refrained from imparting online education.

"If the government believes online education is not real education, then there is no meaning of imparting such unreal education to our students. Online education will remain suspended until the government withdraws that notification," Rajyaguru said in a statement.

He said the association will also approach the high court against state government's decision.

Jatin Bharad, a prominent educationist and member of the association, said there is no alternative to online education in the present scenario.

"Self-financed schools need to pay salaries to the teachers and other staff. No state in India has taken such decision that fees cannot be collected despite conducting online classes. If we adhere to the state notification, it will be impossible for us to pay salaries and run the school.

Thus, we have decided to suspend the online classes," said Bharad said.

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Agencies
June 25,2020

New Delhi, Jun 25: The Supreme Court on Thursday asked the Centre and the CBSE to issue fresh notification in connection with Class 12 exams, clarifying the option between internal assessment and exams later.

The observation from the top court after it was informed that the CBSE has decided to cancel the remaining board exams for Class 10 and Class 12.

A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna asked the Centre to clarify the issue of taking the option between internal assessment and exams later.

"Clarify the date of results," said the bench, noting that the CBSE will have to submit a fresh draft notification cancelling class 12 Board exams and affidavit on Friday morning, before the top court continues to hear the matter again at 10.30 a.m.

The apex court also sought clarity on the beginning of the new academic year.

It told Solicitor General Tushar Mehta, representing the Centre, that the CBSE is willing to conduct exams when the situation is conducive, but this may vary from state to state. "Will the decision be taken by a central authority or will the state government take the decision? How are you going to deal with that situation?"

Mehta replied that the decision must be taken according to the situation. To this, the bench said should not the solution be pan-India?

"You have not said when you will decide on this issue, and when you will take stock of these things. Some time frame will have to be given," noted the bench.

Continuing its queries, the bench said: "What about state regional board exams... the CBSE does not hold all the exams. The state Board is also there."

Mehta replied that the instructions from the controller of examinations are that exams are controlled centrally. "State boards assist the CBSE," he replied.

The bench observed that the government should modify the draft notification and include the state board issue. "Clear the stand that decision will be taken at the central level and not at the state level... other courses will have to be delayed till CBSE exam results come out," it said.

Mehta replied the assessment results will be published now, and if a student wants to opt to give the exam, then that will be conducted later. The top court asked Mehta to bring this on record and redraft the notification.

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Agencies
February 25,2020

New Delhi, Feb 25: Union Home Minister Amit Shah on Monday told a meeting of Delhi Lieutenant Governor Anil Baijal, Chief Minister Arvind Kejriwal and party leaders that "professional assessment" is that the violence in north-east Delhi has been "spontaneous".

He also said adequate forces have been already deployed in affected areas even as he urged political parties to avoid provocative speeches and statements which could flare up the situation and desist from rumour-mongering. He also instructed Delhi Police Commissioner Amulya Patnaik to re-activate local peace committees. 

"Shah noted that the professional assessment is that the violence in the capital has been spontaneous. He expressed confidence in Delhi Police and said that the force has shown maximum restraint to get the situation under control," a statement issued by the Ministry of Home Affairs (MHA) said.

However, on Monday, government sources had claimed that violence in the national capital "appeared to be orchestrated" to coincide with the high-profile visit. A PTI report from Hyderabad on Tuesday also quoted Minister of State for Home G Kishan Reddy as saying that the violence in Delhi has been perpetrated intentionally and the Narendra Modi government would not tolerate such incidents. 

While Shah said adequate forces have been deployed, there were also reports that the Delhi Police Commissioner told MHA top brass that it did not have adequate forces to control the violence that erupted in north-east Delhi. However, Delhi Police later tweeted that the Commissioner has denied that "no such information was given to MHA" and such reports were "totally baseless". 

Urging parties to avoid provocative speeches and statements which could flare up the situation, the statement said, Shah expressed confidence in Delhi Police and said that the force has shown maximum restraint to get the situation under control.

Appealing to all to maintain restraint and desist from rumour-mongering while instructing the Delhi Police Commissioner to re-activate local peace committees, Shah said Delhi's borders with Uttar Pradesh and Haryana have been under surveillance for the last three days. 

Shah also urged parties to ask their local leaders to hold meetings in sensitive areas and instructed senior police officers to visit vulnerable police stations at the earliest

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