Justice Dipak Misra was remote-controlled by an external source: Ex-SC judge Kurian

Agencies
December 4, 2018

New Delhi, Dec 4: Just days after retiring, former Supreme Court judge Kurian Joseph has dropped a bombshell claiming ex-Chief Justice Dipak Misra was "remote-controlled by an external source", an explosive accusation that, he said, impacted the administration of justice.

Justice(retd) Joseph was among the four senior judges of the apex court who staged an open revolt against justice Misra by convening an unprecedented press conference on January 12 to flag their concerns about preferential allocation of sensitive cases to judges low down on the top court's hierarchy. Justices J Chelameswar, who has since retired, Ranjan Gogoi, the current Chief Justice and Madan Lokur were the other judges.

The Congress Monday said Justice Joseph's remarks proved its allegations against the government of interference in the highest levels of judiciary, and demanded separate parliamentary and judicial inquiries into the matter. There was no immediate reaction from the government or the BJP to Congress spokesperson Abhishek Manu Singhvi's claims of alleged interference made at a press conference.

"The then CJI was working under some influence of some external source. He was remote-controlled by an external source. There was some influence of some external source that was impacting the administration of justice," Justice Joseph told PTI. Joseph retired on November 29.

There was no immediate reaction from Justice Misra.

Asked about the basis on which he was making his claim, Justice Joseph said this was the perception among the judges, who went public over issues dogging the apex court, as well as among other judges of the court.

He refused to elaborate on who the external source was and the cases where there was a bias and administration of justice affected.

Pressed again on whether the alleged influence was exerted by some political party or the government in any particular case, Justice Joseph said the judges were only of the view that there was some bias by the judge concerned.

He said there was no need to make a reference to any particular case.

"I am sorry. I don't want to take it any forward," he said.

A former CJI, who did not want to be named, said it is for Justice Joseph to come out with the basis on which he has levelled serious allegations against Justice Misra.

He further said the statements made by Justice Joseph does not mean that the entire institution(Supreme Court) has crumbled.

Justice Joseph said the presser had an impact and things started changing for good during the remaining part of Justice Misra's tenure as CJI and is now continuing under the stewardship of Justice Gogoi. Misra retired on October 2.

He said there was an improvement in the quality of the functioning of the court and the perception about the independence of the institution.

"All issues and changes the four senior judges were thinking at the January 12 press conference were started by CJI Misra and since it is the continuous process, the present CJI Ranjan Gogoi is taking it forward." 

He also said the issues which have come now in the public domain are in the context of the same press conference.

Justice Joseph said before the presser, the four judges conveyed to Justice Misra about the alleged influence of external sources on him, adding they had also flagged the issue of some cases being adjudicated with a perception of bias.

"Certainly, whatever the facts were with us at that time, we had conveyed it to the then CJI," he added.

Justice Joseph told NDTV that the former CJI wasn't taking decisions independently.

"We are sure that the Chief Justice was not taking decisions on his own," he said.

Justice Joseph said the decision to hold the press conference was taken after being sure that the then CJI was "under an external influence".

Asked about the Judge B H Loya case, Justice Joseph said he cannot comment on it and that this chapter is now closed.

To a query as to who was remote-controlling Justice Misra, Justice Joseph said they "could not pinpoint who was behind". One instance that was pointed out at the press conference itself was the allocation of cases in the apex court.

The allocation of petitions seeking a re-investigation into the death of judge Loya -- as is commonly perceived -- was not the only reason for the press conference, he said.

"That was the issue on that day. Doesn't mean it was the only issue we were disturbed with. There were several issues... in the matter of allocation of cases and governance of the Supreme Court," he said.

The Supreme Court on April 19 rejected the PILs seeking probe into the death of special CBI judge B H Loya, ruling he had died of "natural causes".

Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case, died of cardiac arrest in Nagpur on December 1, 2014 when he had gone to attend the wedding of a colleague's daughter.

BJP President Amit Shah was among others who were the accused in the case when he was the Minister of State for Home in Gujarat. Shah was subsequently discharged by a trial court.

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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News Network
May 29,2020

New Delhi, May 29: Union Home Minister Amit Shah on Friday met Prime Minister Narendra Modi and informed him about the views of all chief ministers on the extension of the ongoing nationwide lockdown beyond May 31, officials said.

During the meeting, Shah briefed Modi about the suggestions and the feedback he received from the chief ministers during his telephonic conversations on Thursday, a government official said.

The nationwide curbs were first announced by Prime Minister Narendra Modi on March 24 for 21 days in a bid to contain the spread of novel coronavirus. It was first extended till May 3 and then again till May 17. The lockdown was further extended till May 31.

The home minister's telephonic conversations with the chief ministers came just three days before the end of the fourth phase of the lockdown.

During his talks with the chief ministers, Shah sought to know the areas of concern of the states and the sectors they want to open up further from June 1, the official said.

Interestingly, till now, it was Modi who had interacted with all chief ministers through video conference before the extension of each phase of the coronavirus-induced lockdown and sought their views.

This was for the first time that the home minister spoke to the chief ministers individually before the end of another phase of the lockdown.

Shah was present in all the conferences of chief ministers along with the prime minister. It is understood that the majority of the chief ministers wanted the lockdown to continue in some form but also favoured opening up of the economic activities and gradual return of the normal life, another official said.

The central government is expected to announce its decision on the lockdown within the next two days.

The number of COVID-19 cases in India has climbed to 1,65,799 on Friday, making it the world's ninth worst-hit country by the coronavirus pandemic.

The Health Ministry said the death toll due to COVID-19 rose to 4,706 in the country. While extending the fourth phase of the lockdown till May 31, the central government had announced the continuation of the prohibition on the opening of schools, colleges and malls but allowed the opening of shops and markets.

It said hotels, restaurants, cinema halls, malls, swimming pools, gyms will remain shut even as all social, political, religious functions, and places of worship will remain closed till May 31.

The government, however, allowed limited operations of the train and domestic flights. The Indian Railways is also running special trains since May 1 for transportation of migrant workers from different parts of the country to their native states.

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News Network
June 12,2020

New Delhi, Jun 12: India's COVID-19 tally on Friday witnessed its highest-ever spike of 10,956 cases, according to the Union Ministry of Health and Family Welfare (MoHFW).

396 deaths have been reported due to the infection during the last 24 hours.

The total number of coronavirus cases in the country now stands at 2,97,535 including 1,41,842 active cases, 1,47,195 cured/discharged/migrated and 8,498 deaths.

COVID-19 cases in Maharashtra continue to soar with the number reaching 97,648. Tamil Nadu's coronavirus count stands at 38,716 while cases in Delhi reached 34,687.

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