Mallya faces fresh money laundering charge sheet

Agencies
June 17, 2018

New Delhi, Jun 17: In more trouble for liquor baron Vijay Mallya, the Enforcement Directorate (ED) is set to soon file a fresh charge sheet against him and his companies on charges of money laundering and allegedly cheating a consortium of nationalised banks to the tune of Rs 6,027 crore, officials said today.

With this charge sheet (also known as the prosecution complaint), official sources told PTI, the central probe agency will immediately seek from a court permission to "confiscate" more than Rs 9,000 crore worth assets of the beleaguered businessman and his firms under the recently promulgated Fugitive Economic Offenders Ordinance.

The ED last year had filed its first charge sheet against Mallya, now in London, in the about Rs 900 crore IDBI bank-Kingfisher Airlines (KFA) alleged bank loan fraud case.

It has attached assets worth  Rs 9,890 crore in this case till now.

The forthcoming charge sheet will revolve around the complaint received from the State Bank of India (SBI) on behalf of the consortium of banks for causing loss of Rs 6,027 crore to them by not keeping repayment commitments of his loan (by Mallya firms) taken during 2005-10, they said.

The ED has based its investigation in this instance after taking cognisance of a CBI FIR and the charge sheet will be filed before a special court in Mumbai under the Prevention of Money Laundering Act (PMLA).

It was alleged that SBI and its consortium banks had advanced various credit facilities to KFA Limited during the period between 2005 and 2010.

During 2009-10, the company failed to meet its repayment commitments to the bank from whom it had availed credit facilities and the airlines did not keep its account with the consortium banks regular which became NPA (non performing asset), the CBI FIR had stated.

The consortium banks, therefore, recalled credit facilities and also invoked corporate guarantee of UBHL (united breweries holdings limited) and personal guarantee of Mallya, it had alleged.

It was alleged that there was a conspiracy among group companies promoter and unknown others to cheat the lenders, the CBI had said.

The ED, officials said, had found that a maze of shell or dummy firms were used to allegedly siphon off these funds and this is expected to be stated in the upcoming charge sheet.

The agency, empowered by the Union government to enact the new fugitive ordinance in the country, will seek an official declaration to categorise Mallya as a "fugitive" on the basis of the cognisance of this prosecution complaint (charge sheet).

Mallya is contesting these charges in London as part of India's efforts to extradite him from there and face the legal system here in connection with these charges.

The central probe agency had recently begun the work to bring together the existing cases of high-value bank loan defaulters for getting them notified under the new legislation. 

As per the existing process of law under the PMLA, the ED can confiscate assets only after trial in a case finishes which usually takes many years.

The Modi government brought the ordinance as "there have been instances of economic offenders fleeing the jurisdiction of Indian courts, anticipating the commencement, or during the pendency, of criminal proceedings," the government said.

The Fugitive Economic Offenders Bill, 2018 was introduced in the Lok Sabha on March 12 but couldnt be taken up due to logjam in Parliament over different issues.

With Parliament being adjourned sine die, an ordinance was proposed.

The Union Cabinet on April 21 approved the ordinance and the President gave his assent to promulgation of the same a day later.

The ordinance makes provisions for special courts under the Prevention of Money Laundering Act, 2002 to declare a person as a fugitive economic offender and order immediate confiscation of assets.

"A Fugitive Economic Offender is a person against whom an arrest warrant has been issued in respect of a scheduled offence and who has left India so as to avoid criminal prosecution, or being abroad, refuses to return to India to face criminal prosecution," the government said.

Cases of frauds, cheque dishonour or loan default of over Rs 100 crore would come under the ambit of this ordinance.

The ordinance offers necessary constitutional safeguards in terms of providing hearing to the person through counsel, allowing him time to file a reply, serving notice of summons to him, whether in India or abroad and appeal before the high court.

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News Network
March 3,2020

Wayanad, Mar 3: Anguished over the alleged delay in receiving flood relief from the Kerala government, a 42-year-old man committed suicide in Wayanad district, police said on Tuesday. Sanal Kumar, a native of Thrikaipatta in Meppadi near here was found hanging inside the temporary shelter built by his friends and local people on Monday. He was among the hundreds who had lost their homes in the August 2019 floods.

His home, built on a three cent plot, had been damaged partially in 2018 floods and completely in the 2019 deluge. Family members of the deceased alleged that it was due undue delay on the part of the authorities in allotting funds for rebuilding his house that drove Kumar to take the extreme step. Kumar was hoping to get a house under the Life Mission project, sources said.

A relative said Kumar had only 3 cent of land and had lot of debts. Even the Rs 10,000 assistance promised by the state government for the flood affected, had not reached him. Since the past two years he had filed several applications for assistance and apporached many revenue authroties for the promised government assistance, but it never came, the locals alleged.

According to K K Sahad, president of Meppadi Panchayat the deceased had some other financial issues and it was not the delay in rehabilitation that made him commit suicide. "It is true that he was not included in the first list of beneficiaries under the LIFE project as he had to have "pattayam" (land records) for his land.

However, he was included in the second list, thanks to the dilution in the norms that possession was enough for those who had no 'pattayam' for their property. The amount of Rs 4 lakhs was sanctioned for him, but was delayed a bit due to some technical issues."

Wayanad MLA C K Saseendran described it as an "extremely sad" development. As Kumar had some difficulties in producing the land recrods, the authroties had been unable to include his name in the LIFE housing scheme in the first phase.

The matter has been brought before the notice of the revenue authorities, he said. Vythiri Tahsildar, Abdul Hameed, visited Kumar's relatives this morning as the family members of the deceased wanted his presence before the body was taken for post-mortem.

"There was some technical issues with regard to the land as it falls within the adhivasi reserve. But they were occupying it for long. However, the issue has been sorted out and that his family members would be getting the eligibility amount of four lakhs," Hameed said.

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Agencies
June 2,2020

Lucknow, Jun 2: Bahujan Samaj Party chief Mayawati on Tuesday said protests in the US after the death of George Floyd, an African-American man, is a clear message to the world that a common man's life has value.

She said this is also guaranteed by the India Constitution, but the governments don't follow it, resulting in the current plight of migrants workers.

Floyd, a 46-year-old restaurant worker from Houston, died in Minneapolis on Monday after a white police officer pinned him to the ground. Video footage showed the officer kneeling on Floyd's neck as he gasped for breath, sparking widespread protests across the US.

"Floyd's killing by police and the 'Black lives matter' agitation in the US have given a clear message to the world that a common man's life has value and it should not be taken for granted," Mayawati said in a tweet in Hindi.

"India's constitution guarantees independence, security, self-respect and pride and governments should give special attention to it. If it was followed, crores of migrants labourers would not have to witness such bad days," she added.

She also demanded better coordination between states to check the spread of coronavirus and said Centre should intervene.

"While coronavirus patients are rising, there is lack of coordination between states and with the Centre, and allegation and counter-allegations are going on and sealing of state borders is unjustified and it is weakening the fight against the virus.  The Centre should intervene," she said in a separate tweet.

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Agencies
June 28,2020

New Delhi, Jun 28: With 19,906 new cases, highest single-day spike so far, India's COVID-19 count touched 5,28,859 including 2,03,051 active cases, 3,09,713 cured/discharged/migrated, according to the Ministry of Health & Family Welfare.

410 deaths were reported in the last 24 hours and the cumulative toll reached 16,095 deaths.

Coronavirus cases in Maharashtra have climbed to 1,59,133 while Delhi's tally stands at 80,188.

2,31,095 samples were tested yesterday and the total number of samples tested up to 27 June is 82,27,802, according to the Indian Council of Medical Research (ICMR).

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