Maha CM Fadnavis to face trial for non-disclosure of criminal cases in poll affidavit

Agencies
October 1, 2019

Mumbai, Oct 1: In a jolt to Maharashtra Chief Minister Devendra Fadnavis, the Supreme Court on Tuesday said the BJP leader will have to face trial for allegedly failing to furnish details of two pending criminal cases in his election affidavit in 2014.

A bench headed by Chief Justice Ranjan Gogoi set aside the Bombay High Court order which had given a clean chit to Fadnavis and had held that he did not deserve to be tried for the alleged offences under the Representation of Peoples (RP) Act.

"The respondent (Fadnavis) has the knowledge of the two pending cases," the bench, also comprising Justices Deepak Gupta and Aniruddha Bose, said.

The apex court's verdict came on the appeal of one Satish Uikey against the HC verdict.

On July 23, the top court, while reserving the verdict, had said that the alleged "omission" by Fadnavis of not disclosing information about two criminal cases in his election affidavit may be decided in the trial.

The apex court had said that it was concerned with a limited issue whether prima facie Section 125A of the RP Act is attracted or not.

The provision deals with the penalty for "filing a false affidavit" and says that if a candidate or his proposer fails to furnish or gives false or conceals any information in his nomination paper on issues like pending criminal cases then the person may be awarded six months jail term or fine or both.

Ukey had contended that the chief minister filed a false affidavit by not disclosing two criminal matters and yet the trial court and the high court held that there no prima facie case was made out for prosecution of the chief minister.

He had said that a candidate was under a mandatory legal obligation to disclose details of all cases, in which either charges have been framed or the trial court had taken cognizance, in the nomination papers.

The petitioner had alleged that Fadnavis, in his election affidavit filed in 2014, had failed to disclose the pendency of two criminal cases against him.

It was contended that the chief minister did not disclose the information as required of him under the election law and the non-disclosure of these two pending criminal cases was in violation of Section 125A of the RP Act and constituted an offence in itself.

The two cases of alleged cheating and forgery were filed against Fadnavis in 1996 and 1998 but charges were not framed.

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Agencies
January 11,2020

Kochi, Jan 11: Two of the four illegal apartment complexes were brought down by controlled implosion here on Saturday.

However, the other two apartments-- Golden Kayaloram and Jain Coral-- will be demolished on Sunday.

The demolition of the first building Holy Faith H2O, slated to be carried out at 11 am, was delayed by 18 minutes while the twin towers of Alfa Serene, which is surrounded by 36 houses, were brought down at 11.43 am.

As per authorities, as many as 343 kgs of explosives were used for the demolition of twin towers of Alfa Serene, which had 80 apartments and 16 floors each.

Section 144 has been imposed within a 200-metre radius of the complexes on Saturday and Sunday. Moreover, traffic has been halted on land, water and air in the evacuation zone during the process.

There are concerns that some concrete pieces of the second tower of the building may have fallen into the lake nearby. It is yet to be estimated if the debris or concrete pieces have affected the buildings nearby.

The four apartment complexes in Maradu were ordered to be demolished by the Supreme Court for violating the Coastal Regulation Zone (CRZ) norms.

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News Network
February 1,2020

New Delhi, Feb 1: Finance Minister Nirmala Sitharaman promised to make India a higher education destination, as she unveiled the government’s plan to invest in the education sector in her Budget speech.

“We propose Rs 99,300 crore for education sector in 2020-21 and Rs 3,000 crore for skill development,” said Sitharaman. While there is an increase of 4.6 per cent in the education spending than last year, the budget for skill development remains almost unchanged. Sitharaman also announced holding IND-SAT exam in African and Asian countries, for foreign candidates who wish to study in India.

The Finance Minister had listed three themes of the Union Budget 2020 while presenting the financial statement of the government in Parliament: Aspirational India to boost the standard of living, economic development for all, and building a humane and compassionate society. The spend under education is being done under aspirational India, “which focusses on focussed on skills, education, and agriculture” said Sitharaman.

“A degree-level full-fledged online education programme will be offered by institutes in top 100 in National Institutional Ranking Framework,” said Sitharaman, adding that Centre will announce a new education policy soon. “The government has received over 2 lakh suggestions on it.”

Further giving boost to India’s import of skilled human capital, Sitharaman said, “I propose special bridge course for nurses and medical professional for labour export to countries who open their door for such jobs.”

“Steps will be be taken to attract external commercial borrowing and Foreign Direct Investment (FDI) in the education sector,” the finance minister added.

She further said the government plans to start a programme for urban local bodies to provide opportunities for internship to young engineers.

The Finance Minister also said National Police University and National Forensic University are being proposed.

The government has also proposed to attach medical colleges with district hospitals on PPP model to deal with shortage of doctors, Sitharaman added.

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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