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Relief for Chidambaram, Supreme Court says no evidence against him in 2G case

August 24, 2012

CHIDAMMBARAM

New Delhi, August 24: The Supreme Court has dismissed two petitions against P Chidambaram asking for him to be investigated by the CBI in the telecom scam and to be made co-accused along with former Telecom Minister A Raja.
The verdict offers significant relief for the Finance Minister, whose resignation has been demanded by the main opposition party, the BJP, in the 2G scam, described as India's biggest swindle. "The BJP has wasted the court's time," said senior minister Ambika Soni. She said that the opposition has been dealt "blow after blow" in its attempts to indict Mr Chidambaram.
The cases against Mr Chidambaram had been filed by Janata Party President Subramanian Swamy and lawyer-activist Prashant Bhushan; they wanted the minister's role in the telecom scam to be studied by the CBI, and for him to be prosecuted. The CBI has repeatedly said there is no evidence to merit an inquiry against the minister in the allocation of mobile network licenses and spectrum in 2008, when A Raja was Telecom Minister. The Supreme Court has said that it has been given no evidence that there was a criminal conspiracy between Mr Chidambaram and Mr Raja, or that the Finance Minister abused his office. "Poor management in allocation of spectrum cannot be said to be the product of criminal conspiracy," the judges said.
They also said that there was no evidence that Mr Chidambaram benefitted financially from any aspect of the scam.

Mr Swamy has said he will seek a review of today's judgement. "I will get the judgement copy and seek a review. This judgement is based on something I did not argue. It says I haven't given evidence of conspiracy, but I have only argued that Chidambaram caused loss to the exchequer," he said.

In 2008, Mr Chidambaram was Finance Minister when then Telecom Minister A Raja allegedly broke the rules to help companies who were ineligible land valuable mobile network licenses at throwaway prices. They were not charged separately for the second-generation or 2G airwaves they would use. Mr Raja ignored advice to conduct an auction for the licenses; he said he would follow a first-come-first-serve policy, but was later jailed for allegedly pushing companies to the head of the line in return for kickbacks. Mr Raja has said in his trial that he kept Mr Chidambaram and the PM informed of all his decisions.

The national auditor has said the telecom scam was worth Rs. 1.76 lakh crore, giving it star billing on a list of scandals that have engulfed the ruling UPA coalition. In February, the Supreme Court cancelled 122 of the licenses given by Mr Raja.

That has allowed the BJP to accuse Mr Chidambaram of dereliction of duty, and the Prime Minister of being permissive of corruption within his cabinet. In the Winter Session of Parliament, the BJP announced a "boycott" of Mr Chidambaram, preventing him from speaking in the House by drowning him out with shouts.

Earlier this week, the BJP walked out of a parliamentary committee studying the telecom scam; its members said that the PM and Mr Chidambaram must be summoned and questioned by the panel. Without their deposition, the BJP said, the committee's attempts to fix accountability for the scam amounted to a charade.

In February this year, a CBI court in Delhi rejected Mr Swamy's request to try Mr Chidambaram for his alleged role in the telecom scam. Mr Swamy then challenged the verdict in the Supreme Court. In his appeal, he said that Mr Chidambaram was as culpable as Mr Raja for the losses caused by the 2G swindle because he was involved in deciding the price of spectrum, and in permitting two companies who received licenses to dilute equity by bringing foreign partners on board, making huge profits virtually overnight.

Mr Swamy said that there was evidence to show that as Finance Minister, Mr Chidambaram's actions merited his prosecution under the Prevention of Corruption Act and other criminal laws.

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News Network
August 3,2020

Indore, Aug 3: In a bizarre development, the Indore Bench of the Madhya Pradesh High Court has granted bail to an accused in a sexual harassment case on the condition that he will request the victim to tie a ‘rakhi’ on him with a promise to protect her “to the best of his ability for all times to come”.

Justice Rohit Arya on July 30 also ordered the man to pay Rs 11,000 to the complainant as a “customary ritual usually offered by brothers to sisters” on Raksha Bandhan and seek her blessings while visiting her with his wife and a box of sweets. “The applicant shall also tender Rs 5,000 to the son of the complainant for purchase of clothes and sweets,” the order said.

The court directed the accused to take photographs and receipts of payment made to the victim and her son, which should be filed through his lawyer for placing on record of the case before the Registry.

The victim, a resident of Ujjain district, had alleged that her neighbour, Vikram Bagri, entered her house and sexually harassed her on April 20. The police registered a case under Sections 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 354 (A) (Sexual harassment and punishment for sexual harassment), 354 (Assault or criminal force to woman with intent to outrage her modesty), 323 (Punishment for voluntarily causing hurt) and 506 (Punishment for criminal intimidation) of the Indian Penal Code.

The order said the man, in jail for more than two months, was released on bail, on furnishing a personal bond of Rs 50,000 with “one solvent surety in the like amount to the satisfaction of the trial court, on the condition that he shall remain present before the court concerned during trial,” and comply with conditions under Section 437 (3) of CrPC, along with other conditions.

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News Network
April 9,2020

Patna, Apr 9: In a horrifying incident, a migrant woman was sexually abused in a Gaya hospital where she was kept in an isolation ward. Three days later, she died due to excessive bleeding.

The matter came to light on Tuesday when her mother-in-law informed the authorities concerned about the shocking incident.

The 25-year-old victim had returned to Bihar’s Gaya district from Ludhiana (in Punjab) along with her husband on March 25. Before returning to her in-laws’ place, she had undergone abortion at Ludhiana just when she was two months pregnant.

On reaching Gaya, she complained of excessive bleeding. Her husband admitted her to Anugrah Narain Magadh Medical College and Hospital (ANMMCH) on March 27 where she was kept in the emergency ward.

Later, on April 1, on being suspected to be coronavirus patient, she was kept in an isolation ward. Her family members alleged that it was in this isolation ward where a doctor attending to her overnight outraged her modesty for two successive nights on April 2 and 3.

“The following day, she was discharged from the hospital after her coronavirus test report was found to be negative. However, after returning home, she remained aloof and struck by fear. On questioning, she revealed how a doctor had sexually abused her in the isolation ward. On April 6, she passed away due to excessive bleeding,” said her mother-in-law.

On receiving the information, the local police asked the mother-in-law to come to the hospital on Tuesday and identify the doctor (about whom the victim had given a description). However, the accused was not identified.

“Prima facie, the matter is serious. We are verifying the allegations. We will dig out the CCTV footage in the hospital and take strict action after identifying the culprit,” said Dr VK Prasad, the hospital superintendent.

Meanwhile, the Gaya police have arrested two people who posed as doctors and entered the isolation ward using doctors’ kits. One of the apprehended people works in a private.

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Agencies
August 7,2020

Kottayam, Aug 7: A trial court in Kottayam on Friday granted bail to Bishop Franco Mulakkal, accused of raping a nun in Kerala, with stringent conditions and directed him to be present on the dates of hearing of the case.

The Additional Sessions Court had cancelled the bail granted to the Bishop on July 13 for failing to appear for the trial and issued a Non Bailable Warrant against him.

Mulakkal was present in the Court on Friday when it considered the matter.

Granting bail, the court directed him not to leave the state till the chargesheet is read out to him on August 13 and to be present in court on the dates of hearing of the case.

The Court also directed him to offer fresh sureties and bail bonds.

On July 13, Mulakkal’s counsel had informed the court that his client could not appear as he had been in self quarantine due to his primary contact with a COVID-19 infected person.

The next day, the former Jalandhar Bishop had tested positive for coronavirus.

The prosecution informed the Court that Mulakkal had not produced the COVID negative certificate, to which the Court observed that the state Health Department can take necessary action on this issue.

The Supreme Court on Wednesday had directed Mulakkal to face trial as it dismissed his plea seeking discharge in the rape case lodged against him by the nun belonging to a congregation under Jalandhar diocese, saying there was no merit in his petition.

A bench of Chief Justice S A Bobde, A S Bopanna and V Ramasubramanian had told the counsel for Bishop that the court is not saying anything on merit, but is dismissing the plea on the issue of discharge from the case.

Mulakkal, in his plea had challenged the July 7 Kerala High Court order, dismissing his discharge plea in the rape case filed by the nun.

The High Court had asked the deposed Bishop of Jalandhar diocese to stand for trial in the rape case, which was registered on the basis of a complaint filed by the nun.

The senior priest of the Roman Catholic Church had filed the revision petition following the dismissal of his discharge plea by a trial court in March this year.

The rape case against the Bishop was registered by police in Kottayam district.

In her complaint to the police in June, 2018, the nun had alleged that she was subjected to sexual abuse by the bishop during the period between 2014 and 2016.

The bishop, who was arrested by the Special Investigation team, which probed the case, charged him with wrongful confinement, rape, unnatural sex and criminal intimidation.

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