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
July 18,2020

Washington, Jul 18: The government of India has agreed to allow US air carriers to resume passenger services in the US-India market starting July 23, the US Transportation Department said on Friday.

The Indian government, citing the coronavirus, had banned all scheduled services, prompting the US Transportation Department in June to accuse India of engaging in "unfair and discriminatory practices" on charter air carriers serving India.

The Transportation Department said it was withdrawing an order it had issued requiring Indian air carriers to apply for authorization prior to conducting charter flights, and said it had approved an Air India application for passenger charter flights between the United States and India.

A group representing major US airlines and the Indian Embassy in Washington did not immediately comment on Friday.

India's Ministry of Civil Aviation said on Twitter it was moving to "further expand our international civil aviation operations" and arrangements from some flights "with US, UAE, France & Germany are being put in place while similar arrangements are also being worked out with several other countries."

"Under this arrangement," it added, "airlines from the concerned countries will be able to operate flights from & to India along with Indian carriers."

The US Transportation Department order was set to take effect next week. The Trump administration said in June it wanted "to restore a level playing field for US airlines" under the US-India Air Transport Agreement. The Indian government had banned all scheduled services and failed to approve US carriers for charter operations, it added.

The US government said in June that Air India had been operating "repatriation" charter flights between India and the United States in both directions since May 7.

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News Network
March 6,2020

New Delhi, Mar 6: Shares of YES Bank and State Bank of India came under huge selling pressure on Friday as developments unfolded regarding SBI picking stake in the private lender. Shares of the lender hit record low of Rs 5.55, plunging 85 per cent, and were trading below its previous low of Rs 8.16 hit on March 9, 2009.

SBI, on the other hand, slumped 11 per cent to Rs 257.35 on the BSE. The benchmark S&P BSE Sensex was trading with a cut of over 3 per cent at 37,251.37 level.

In the past three months, share price of the private lender has plunged 41 per cent, while the state-owned lender has slipped 14 per cent. In comparison, the S&P BSE Sensex has dipped 5.6 per cent till Thursday.

On Thursday, the Reserve Bank of India superseded the board of troubled private sector lender YES Bank and imposed a 30-day moratorium on it “in the absence of a credible revival plan” amid a “serious deterioration” in its financial health.

During the moratorium, which came into effect from 6 pm on Thursday, YES Bank will not be allowed to grant or renew any loans, and “incur any liability”, except for payment towards employees’ salaries, rent, taxes and legal expenses, among others.

This is the first time that a bank of this size will be put under a moratorium by the RBI.

“The financial position of YES Bank had undergone a steady decline “largely due to inability of the bank to raise capital to address potential loan losses and resultant downgrades, triggering invocation of bond covenants by investors, and withdrawal of deposits,” RBI said in a statement.

“After the moratorium, the next step will be to infuse to money and keep the bank afloat. So from shareholders’ point of view, the future is certainly hazy as the capital requirement is huge. The good part, however, is that the RBI has stepped in and depositors don't have to worry,” says Siddharth Purohit, a research analyst at SMC Securities.

Meanwhile, analysts at Nomura believe that placing the Bank under moratorium implies that equity value in the bank would be negligible, and that the chances of private capital participating in future capital raising plan are near zero.

"Any resolution for Yes Bank is more proposed from the perspective of deposit holders and systemic stability, and not from the perspective of Yes Bank equity investors or even perpetual bond holders," they wrote in a note dated March 6.

In another development, SBI’s Board Thursday gave in-principle approval to consider an “investment opportunity” in YES Bank, even as it said “no decision had yet been taken to pick up stake in the bank”.

According to a  report, highly-placed sources indicated a rescue plan involving SBI and Life Insurance Corporation of India (LIC) was being discussed and an announcement in this regard might be made soon.

“While the finer details of the deal are being worked out, it is anticipated that both SBI and LIC together will take a 51 per cent stake in the bank, with a one-year lock-in period,” the report said.

Most analysts believe it is a positive step for the Indian financial sector as the government has tried to avoid a repeat of IL&FS-like crisis.

“The move is a positive step for the financial sector as a whole. By this, the government has tried to avoid a repeat of IL&FS-like crisis and has saved the depositors,” said AK Prabhakar, Head of Research at IDBI Capital. While we know that YES Bank has a huge pile of bad loans, SBI is the only bank that has the capacity to absorb it, he added.

However, the valuation at which YES bank would be taken over remains a cause of concern.

Global brokerage firm JP Morgan Thursday cut its target price for YES Bank on Thursday to Rs 1 per share, taking into account the potential fall in the lender’s net worth due to stressed assets.

“We believe forced bailout investors will likely want the bank to be acquired at near-zero value to account for risks associated with the stress book and likely loss of deposits. We think the bank will need to be recapitalised at nominal equity value and could test dilution of additional tier 1 (AT1) capital. We remain underweight and cut our target price to Rs 1 as we believe net worth is largely impaired,” JP Morgan said in a note.

Global brokerage firm Nomura estimates a need of Rs 25,000-44,000 crore and adjusted for Rs 7,400 crore of current coverage, if the current stress of Rs 65,000-70,000 crore faces 70 per cent loss given default (LGD).

"It implies Rs 18,000-37,000 crore needed for provisioning against the current net worth of Rs 25,700 crore Also, to run as going concern, the bank would require over Rs 20,000 crore of CET-1 capital as well," the note said.

YES Bank has registered slippages of Rs 12,000 crore so far in FY20, while it has placed Rs 30,000 crore of loan assets under the watch list. Its deposits stood at Rs 2.09 trillion on September 30, 2019, while its advances totalled Rs 2.24 trillion. The bank has delayed publishing its December quarter results by a month to March 14.

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News Network
July 21,2020

New Delhi, Jul 21: The Centre has written to all states and union territories warning against the use of N-95 masks with valved respirator by people, saying these don't prevent the virus from spreading out and are "detrimental" to the measures adopted for its containment.

The Director-General of Health Services in the Ministry of Health, in a letter to the Principal Secretaries of health and medical education of states, said it has been observed that there is "inappropriate use" of N-95 masks, particularly those with valved respirator, by the public other than designated health workers.

The DGHS referred to the advisory on the use of homemade protective cover for face and mouth available on the website of the Ministry of Health.

"It is to bring to your knowledge that the use of valved respirator N-95 masks is detrimental to the measures adopted for preventing the spread of coronavirus as it does not prevent the virus from escaping out of the mask. In view of the above, I request you to instruct all concerned to follow the use of face/mouth cover and prevent inappropriate use of N-95 masks," DGHS Rajiv Garg said in the letter.

The government had in April issued an advisory on the use of homemade protective cover for face and mouth, asking people to wear it, particularly when they step out of their residences.

The advisory stressed such face covers must be washed and cleaned each day, as instructed and states that any used cotton cloth can be used to make this face cover. 

The colour of the fabric does not matter but one must ensure that the fabric is washed well in boiling water for five minutes and dried well before making the face cover. Adding salt to this water is recommended, it said.

It also listed the procedures of making such homemade masks, asking to ensure it fits the face well and there are no gaps on the sides.

It urges people to wash hands thoroughly before wearing the face cover,  switching to another fresh one as the face cover becomes damp or humid, and never reusing it after single use without cleaning it. 

"Never share the face cover with anyone. Every member in a family should have separate face cover," the advisory stated.

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