Raghavan critical of Zakia Jafri's charges

May 14, 2012

Raghavan-Zakia

Ahmedabad, May 14: Chairman of the Supreme Court-appointed Special Investigation Team R.K. Raghavan, was highly critical of the petition filed in the Supreme Court by Zakia Jafri levelling sweeping charges against Gujarat Chief Minister Narendra Modi and 62 officials and leaders for their alleged involvement in the 2002 communal riots.

Agreeing with his inquiry officer, A. K. Malhotra, who found most of the allegations baseless and unsubstantiated and gave a clean chit to Mr. Modi and most of his senior police officers in handling the riots, Mr. Raghavan said Ms. Jafri's charges made Mr. Malhotra's task difficult, as the witnesses were not prepared to speak out before the SIT.

Pointing out that Mr. Malhotra had to handle the arduous task almost single-handedly because “associating any Gujarat police officer in such a sensitive inquiry would not have been desirable,” Mr. Raghavan said another factor that caused hurdles for the inquiry officer was the “reluctance of many crucial witnesses to depose frankly and without inhibition, because the complainants had ‘mindlessly and mechanically' referred to these witnesses as ‘accused,' a branding that caused a great offence to many of the witnesses.”

Mr. Raghavan lauded Mr. Malhotra for his “outstanding work,” completing the task of inquiring into 32 allegations levelled by Ms. Jafri against Mr. Modi and 62 others within a year, examining more than 160 witnesses and checking on a large number of documents. For reasons of confidentiality, even the secretarial assistance to him was “modest:” only one person did the “scriptory work.” Besides, most of the witnesses were “non-co-operative” and intentionally delayed appearing before him. The lapse of eight years before the investigation started also caused witnesses problems in recalling the facts correctly, he said.

Mr. Raghavan, a former CBI director, submitted his comments on the findings of the inquiry in the Supreme Court on May 14, 2010, and these have formed part of the closure report the SIT submitted in an Ahmedabad metropolitan court. A copy was given to Ms. Jafri, wife of the slain former Congress MP, Ehsan Jafri, who was among the 69 killed in the Gulberg Society massacre.

Mr. Raghavan agreed with Mr. Malhotra's conclusion that the allegation that Mr. Modi issued a “directive” to police officers to “allow Hindus to vent their anger” had “not been established,” as none of the officers “definitely present” at the crucial meeting held at his residence on the night of February 27, 2002, corroborated the claim made by suspended IPS officer Sanjiv Bhatt. Mr. Bhatt was an “unreliable witness.” There was no proof that the then Minister of State for Revenue, Haren Pandya, was present at the meeting, as he had claimed before the Citizens' Tribunal.

He also agreed with the finding that the decision to bring the bodies of the victims of the Godhra train carnage to Ahmedabad was taken unanimously by all police and administrative officers and the Ministers present in Godhra that day. The then Panchamahals Collector, Jayanti Ravi, also agreed to it.

He disagreed with the complainant that it was Mr. Modi's personal decision meant to inflame the situation by “parading the bodies,” pointing out that the bodies were brought in the dead of night and disposed of in the quickest possible time the next day.

And there was nothing to substantiate the charge that two senior Ministers were “instructed” by the Chief Minister to take charge of the State and city police control rooms on February 28, 2002, when ‘Gujarat Bandh' was observed. It was “conclusively established” that the late Ashok Bhatt, who was Health Minister, and I. K. Jadeja, the then Urban Development Minister, did visit the police control rooms, but there was no evidence that they ever “interfered” with the functioning of the police, or that they were told by Mr. Modi to sit in the control rooms. But as Mr. Modi himself held the Home portfolio, it did “heighten the suspicion that the decision had his blessings.”

Mr. Raghavan disagreed that there was undue delay in summoning and deploying the Army in the riot-hit areas, or Mr. Modi deliberately “ignored” Ehsan Jafri's plea for help when the riotous mob surrounded the Gulberg Society. No records were available to corroborate the allegations, he said, agreeing with the finding that the mobile call records did not show Mr. Modi having received any call from Ehsan Jafri or anyone else in the Gulberg Society, and accepting the Chief Minister's statement that he had never known Ehsan Jafri before the incident.

Mr. Raghavan did not agree that Mr. Modi was issuing “illegal instructions” orally, as alleged by the former Additional Director-General of Police, R. B. Sreekumar, in affidavits filed before the G.T. Nanavati-Akshay Mehta Judicial Inquiry Commission. Mr. Sreekumar's personal diary in which he made entries about such “illegal oral instructions” was an “unofficial document” he was not authorised to maintain, and had no “evidentiary value whatsoever.” Besides, some of the entries in the diary were found factually incorrect. It was significant that Mr. Sreekumar revealed the existence of such a diary three years after he had opened it and only after he was superseded in promotion; he produced only a copy of the diary before the SIT.

But Mr. Raghavan said the transfer of a few police officers amid the raging riots, especially those who were claimed to have done a good job in controlling the violence, were surprising, but none of the police officers was prepared to admit that they were victimised. The Chief Minister himself admitted that he did not visit the riot-hit areas so promptly as he visited Godhra on the day of the train carnage and could not cite any specific reason for the delay. Mr. Modi had not been able to totally deny his alleged statement that private firing by Ehsan Jafri had “provoked” the Gulberg Society massacre, or his reported theory of “action-reaction” to justify the riots, but Mr. Raghavan emphasised that the undertone of all his statements was an “earnest appeal” to the people for peace. He agreed that Mr. Modi failed to give any directive to Hindu organisations against the observance of the bandh in view of the charged atmosphere.

He found that the appointment of some of the special public prosecutors for the trial of the riot-related cases was politically motivated, but said a “transparent procedure” was in place for the appointment, and it was followed by the government.

Mr. Raghavan questioned Mr. Sreekumar's “intentions” in alleging that he was “tutored” by some officials of the Chief Minister's office to give guarded statements on the riots before various probe agencies to protect Mr. Modi and his government. Mr. Sreekumar levelled the allegations not while filling the affidavits before the Nanavati-Mehta Commission, but only when he was superseded, and his junior was promoted as DGP in 2005.

Mr. Raghavan termed “incorrect and motivated” Citizens for Justice and Peace general secretary Teesta Setalvad's charge that Hindu activists conducted two meetings at Lunawada and Borwai, near Godhra, on Fabruary 27 and 28 to hatch plans for a pogrom against minorities, and that the meetings were attended by two members of Mr. Modi's Cabinet. After a thorough probe, the SIT found that the charge was “incorrect and motivated;” there was no evidence for any such meeting having taken place at all, and there was no question of any Minister having attended it.

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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
March 25,2020

New Delhi, Mar 25: The total number of positive coronavirus cases in India have climbed to 606, said Ministry of Health and Family Welfare on Wednesday.
The total number of active COVID-19 cases in the country so far stands at 553, while the number of people who have been cured or discharged stands at 42.
Ten people have died from the disease while one case has migrated, the Ministry further informed.
Meanwhile, Prime Minister Narendra Modi on Tuesday announced a 21-day lockdown in the entire country to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
In a televised address to the nation, Prime Minister Modi said that it is vital to break the chain of the disease and experts have said that at least 21 days are needed for it.

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News Network
June 27,2020

Hyderabad, Jun 27: Ahead nurse working with a state-run hospital here died on Friday while undergoing treatment for COVID-19, a hospital official said.

The nurse, who was due to retire this month-end, tested positive about 10 days ago, he said.

The woman, who had been on medical leave for about 20 days, is suspected to have contracted the virus when she attended a private function in a neighbouring district, he said.

She was treated at the hospital for two days after she was found positive for COVID-19.

However, she was shifted to another government hospital as the symptoms continued unabated and sugar levels were high, he said.

The woman, who had comorbidities like diabetes and hypertension, died today.

Meanwhile, about 20 healthcare personnel, including doctors and paramedical staff, have so far tested positive for COVID-19 at the state-run Gandhi hospital, according to a hospital official.

He also said that there are around 50 patients whose family members have not come forward to take them home though the patients can be in home quarantine.

Family members have cited reasons such as residents not allowing a positive patient to return to the villages and presence of children at residences, for not taking them home, he added.

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