CAG report is clearly disputable, flawed: PM

August 27, 2012
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New Delhi, August 28: Declaring that allegations of impropriety in coal block allocations were baseless and unsupported by facts, Prime Minister Manmohan Singh Monday said the official auditor's report was "clearly disputable" and "flawed" because of its assumptions and computations.

Making a statement in the Lok Sabha and the Rajya Sabha on the Comptroller and Auditor General's (CAG) report that irregularities in coal block allocation resulted in presumptive losses of Rs.1.86 lakh crore ($37 billion), Manmohan Singh defended himself and his government.

"I want to assure the members that as the minister in charge, I take full responsibility for the decisions of the ministry. I wish to say that any allegations of impropriety are without basis and unsupported by the facts," he said.

He sought to read out his statement on the floor of both houses -- when they reassembled at noon after being adjourned as the Bharatiya Janata Party (BJP) kept up its demand for his resignation -- but was shouted down. Finally, he laid the statement on the table.

"The facts speak for themselves and show that the CAG's findings are flawed on multiple counts," Manmohan Singh said, tracking the history of successive governments' policies on coal blocks allocations since 1993.

The CAG had earlier this month said in its report that lack of transparency in the allocation of coal blocks to private players resulted in a loss of a whopping Rs.1.86 lakh crore ($37 billion) to the exchequer as on March 11 last year.

The prime minister noted that the CAG report was critical of the allocations mainly on three counts.

The report, he said, had stated that the screening committee that decided on allotments did not follow a transparent and objective method while making recommendations for allocation of coal blocks.

It also observed that competitive bidding could have been introduced in 2006 by amending administrative instructions instead of through a prolonged legal examination of issues, which delayed decision making.

"This premise of the CAG is flawed," he said. Finally, the CAG report mentioned the delay in introduction of competitive bidding rendered the existing process beneficial to a large number of private companies.

"According to the assumptions and computations made by the CAG, there is a financial gain of about Rs.1.86 lakh crore to private parties. The observations of the CAG are clearly disputable," he added.

Later, speaking to the media outside parliament, Manmohan Singh said he was "sorry the two houses are not (being) allowed to function and BJP is determined to disrupt normal functioning of parliament".

"I wish to assure the country that we have a strong and credible case. The observations of the CAG are disputable and they will be challenged when the matter comes before the PAC (Public Accounts Committee)," he said.

Taking credit for the UPA government conceiving competitive bidding way back in June 2004, the prime minister, in his statement, also indirectly attacked the BJP, which has been vociferously demanding his resignation.

He noted that successive governments since 1993 had followed the process of allocation of coal blocks through recommendations of inter-ministerial screening committee. The BJP-led National Democratic Alliance (NDA) under Atal Bihari Vajpayee's prime ministership was in power between 1998 and 2004.

Referring to the CAG criticism of his government for not introducing competitive bidding speedily enough, Manmohan Singh said it was "easier said than done."

"In retrospect, I would readily agree that in a world where things can be done by fiat, we could have done it faster. But, given the complexities of the process or consensus building in our parliamentary system, this is easier said than done."

"The implicit suggestion of the CAG that the government should have circumvented the legislative process through administrative instructions, over the registered objections of several state governments including those ruled by the opposition parties, if implemented would have been undemocratic and contrary to the spirit of the functioning of our federal polity," he added.

Countering the CAG report point-wise, Manmohan Singh said: "Even if we accept CAG's contention that benefits accrued to private companies, their computations can be questioned on a number of technical points."

Now that the CAG report was before the parliament and remitted to the PAC, appropriate action on the recommendations and observations contained in the report will "follow through the established parliamentary procedures", he noted.


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Agencies
March 1,2020

Kolkata, Mar 1: The Calcutta High Court has ruled that it is not mandatory for foreigners to produce a valid passport and its particulars for processing of application for grant of Indian citizenship if he is able to satisfy the appropriate authorities the reasons for non-availability of the document.

Justice Sabysachi Bhattacharya passed the order while disposing off a petition by granting the petitioner liberty to file an application before the authority "as contemplated in Rule 11 of the Citizenship Rules 2009, upon furnishing explanation as to the non-availability of the passport".

Bismillah Khan had filed the petition saying he was being denied the citizenship of India because of his inability to file an application under Section 5 (1) (c) of the Citizenship Act, 1955, apparently due to the mandatory requirement of furnishing a copy of the passport for such application.

The petitioner's counsel submitted that Khan was a Pakhtoon citizen and due to political turmoil in the said state, which subsequently merged partially into Afghanistan and partially into Pakistan, he, as a five-year old, had to migrate to India with his father in 1973.

Under such circumstances, the petitioner could not have any opportunity of having a valid passport, since they were refugees under distress, the counsel said.

The petitioner had previously approached a coordinate Bench of the court, wherein a single judge, passed an order on July 25, 2018, directing him to comply with the formalities required, as communicated by the secretary to the Government of India to the Secretary to the Government of West Bengal (Home), vide a letter dated December 7, 2017.

The court had then also given liberty to the petitioner to apply afresh before the appropriate authority under Section 5(1)(c) of the 1955 Act, having complied with all the formalities.

The petitioner then moved Bhattacharya's court submitting that a complete application as directed by the Coordinate Bench cannot be possibly filed by his client due to the mandatory requirement of uploading a copy of his passport, which the petitioner does not have due to reasons beyond his control.

The counsel said Khan is married to an Indian citizen, has a daughter and living in India for close to half a century.

The counsel for the union of India submitted that in view of no application having been filed by the petitioner, there is no scope of granting such proposed application at the present juncture for the Union.

The counsel argued that it is mandatory to file an application in Form III for the application of the petitioner under Section 5(1)(c) of the Act to be considered at all.

In view of the petitioner not complying with the mandatory requirement of submitting a copy of his passport, the state government cannot, under the law, forward such application to the union government.

After hearing all sides, Justice Bhattacharya said although the rule "contemplates that an application shall not be entertained unless the application is made in Form III, such provision ipso facto does not make the availability of a passport a mandatory requirement".

"..the Form given with the Rules or the Rules themselves cannot override the provision of the statute itself, under which the said Rules are framed, which does not stipulate such a mandate on the applicants for citizenship under Section 5 (1)(c) of the 1955 Act mandatorily to carry a passport".

The court said although such provision is included in the Form, which has to be complied with by the applicant, "it is nowhere indicated in such Form that all the relevant particulars, including the particulars regarding passport of the petitioner have to be furnished mandatorily, along with a copy of a valid foreign passport, even in the event the petitioner, for valid reasons, is not in a position to produce such passport".

Justice Bhattacharya ruled that under such circumstances, it cannot be held that the provision of producing a passport and its particulars is mandatory in nature and there has to be a relaxation in such requirement "in case the petitioner is able to satisfy the appropriate authorities the reasons for non- availability of such passport".

"Unless such a leeway is given to the applicants, genuine persons who otherwise have all the formal documents indicating that they have been residing in India for a long time and have married a resident of India would also be unable to apply for Indian Citizenship despite having lived their entire lives and contributed to the economy and diverse culture of this country."

He said such a scenario would be contradictory to the spirit of Article 14 of the Constitution of India.

"In such view of the matter, the requirement of having a passport has to be read as optional in Form III of the Citizenship Rules, 2009 and the authorities are deemed to have the power to relax such 6 requirement in the event the applicant satisfied the authorities for genuine reasons why the applicant is not in a position to produce such passport," the February 24 order said.

The court ruled that despite the provision of making applications online, a provision has to be made for persons who do not have all the particulars of their passport, which is read as optional, to file applications manually, which are to be treated as valid applications under Rule 5 of the Citizenship Rules, 2009.

The court also ordered that alternatively the necessary software be amended so that the online applications can be presented with or without passports, in the latter case furnishing detailed reasons as to non-furnishing of passports.

"Sanctioning of such forms, however, will be conditional upon the satisfaction of the relevant authorities about the reasons for the applicant not being able to produce her/his passport," the order said.

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News Network
February 28,2020

Thane, Feb 28: Former BJP MLA Narendra Mehta was on Friday charged for allegedly  raping and harassing a woman corporator in Bhayandar, which is in the Thane district near Mumbai, on Friday, police said.

His associate Sanjay Tharthare has also been charged in the case, they said.

The district rural police lodged an FIR against Narendra Mehta, who resigned from the BJP three days ago, and his associate, an official from the Mira-Bhayandar police station said.

No arrest has been made till now.

A video of the corporator purportedly speaking about the alleged harassment and abuse she suffered at the hands of Narendra Mehta went viral on social media two days ago, the official said.

The corporator has alleged that the abuse is going on since 1999 and her family is facing threats from him, he added.

Narendra Mehta and Sanjay Tharthare were charged under relevant section of the Indian Penal Code for rape and other relevant provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, he said.

Meanwhile, Shiv Sena MLA Pratap Sarnaik demanded the immediate arrest of Narendra Mehta, saying it is a "tragedy" that the BJP, which raises the issue of women's safety in the state, has not taken any action against its leader.

"Law and order issue will arise if such a person (facing rape and harassment charges) roams freely. He should be arrested as soon as possible," Mr Sarnaik said.

The Thane legislator also termed Narendra Mehta as "Marathi-hater" and alleged that he had once questioned Chief Minister Uddhav Thackeray's culture.

"I wonder why the BJP did not take strict action against Mehta, it needs to introspect," Mr Sarnaik said.

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News Network
June 13,2020

New Delhi, June 13: A quarantine notice pasted outside former Prime Minister Manmohan Singh’s 3, Motilal Nehru Place residence has raised speculations among media and political circles.

According to reports, the daughter of a domestic help who works at Singh’s residence has tested positive. She and her family, who live in the servant quarters, have been quarantined.

Singh, who has not been keeping well for some time, is slowly getting active. Congress leaders said the former Prime Minister attended a meeting of the party’s consultative committee on Thursday through video conference.

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