Manmohan Singh cannot be kept out of CBI probe: Jaitley

October 18, 2013

JaitleyNew York, Oct 18: Prime Minister Manmohan Singh cannot be kept out of the CBI probe into the controversial coal block allocation as he was the "competent authority" when the decision was taken, senior BJP leader Arun Jaitley said today.

Naming industrialist Kumar Mangalam Birla and former coal secretary P C Parakh by the CBI in its FIR sent a "very, very adverse" signal that investors and civil servants will face investigation for irregularities, while the "competent authority" in the case, the Prime Minister who held the coal portfolio, "will go scot-free", Jaitley said.

He said successive corruption scandals like the spectrum and coal blocks allocation are adding to the "disillusionment" towards the UPA government.

"This (coal block allocation) case is going to send a very, very adverse signal to both international and domestic investors," Jaitley told PTI here.

The Leader of the Opposition in Rajya Sabha said it defied logic that a secretary to the government who recommends a coal block should be made an accused in an FIR filed by the CBI but the minister who sanctions the blocks should be out of it.

"The competent authority was the minister, the minister in this case happened to be the Prime Minister," he said. Jaitley said Parakh was only a "recommending authority" but has been named as an accused in the FIR. "The automatic corollary of this has to be that the minister in charge, who was the Prime Minister, cannot be kept out. He is the competent authority."

The FIR has named Parakh and Birla for criminal conspiracy and under provisions of the Prevention of Corruption Act in the allocation of two coal blocks in Odisha in 2005.Jaitley described Birla as "one of the doyens of the industry" and Parakh as an "an honest civil servant" who as a "dissenter" in the coal bloc allocation had recommended auction of coal.

"This case sends three signals. The investor is being told that if you invest in India, years later your projects and allocations can be reviewed by the investigating agencies and the head of your organisation will face criminal investigation.

"The politician is being told that the civil servant will be liable and the competent authority, who is the politician, will go scot free."

Jaitley added that the treatment meted out to Parakh is a warning to bureaucrats that "even the most honest civil servants will be investigated." The "net effect" will be that apart from foreign investments drying up, even domestic investors "will now be compelled to go outside." "This sends a very bad signal to investment. If honest civil servants are going to be squeezed to save the politicians, bureaucrats will stop making honest recommendations," he said.

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News Network
March 12,2020

New Delhi, Mar 12: The Supreme Court told the Uttar Pradesh government on Thursday that as of now, there was no law that could back their action of putting up roadside posters of those accused of vandalism during anti-CAA protests in Lucknow.

An apex court bench refused to stay the March 9 Allahabad High Court order directing the Yogi Adityanath administration to remove the posters.

The top court, which grilled the Uttar Pradesh government for putting up such posters in public, described the plea as a matter that needed "further elaboration and consideration".

A vacation bench of justices U U Lalit and Aniruddha Bose said a "bench of sufficient strength" would consider next week the Uttar Pradesh government's appeal against the Allahabad High Court order directing the state administration to remove the posters of those accused of vandalism during anti-CAA protests.

It directed the apex court registry to put up the case file before Chief Justice of India (CJI) S A Bobde so that a "bench of sufficient strength can be constituted at the earliest to hear and consider" the case next week.

During the hearing, the bench told Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, that it was a matter of "great importance".

It asked Mehta whether the state government had the power to put up such posters.

The top court, however, said there was no doubt that action should be taken against rioters and they should be punished.

Mehta told the court that the posters were put up as a "deterrent" and the hoardings only said that these persons were liable to pay for their alleged acts during the violence.

Senior advocate A M Singhvi, appearing for former IPS officer S R Darapuri whose poster has also been affixed in Lucknow, told the bench that the state was duty-bound to show the authority of law backing its action.

He said the action of the Uttar Pradesh government amounted to a "mega blanket" approach of naming and shaming these persons without final adjudication and it was an open invitation to common men to lynch them as the posters also had their addresses and photographs.

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Agencies
June 17,2020

New Delhi, Jun 17: AAP MLA and national spokesperson Atishi has tested positive for COVID-19, her party colleagues said on Wednesday.

Delhi Chief Minister Arvind Kejriwal took to Twitter to wish her speedy recovery.

"Atishi ji has played an important role in the fight against corona. I hope that she will get healthy soon and again get involved in serving the people," Kejriwal tweeted in Hindi.

According to sources, Atishi was tested on Tuesday for COVID-19 and her report came positive today.

She is presently under home quarantine, the sources said.

"Get well soon Atishi, recover soon from Corona," AAP MLA Saurabh Bhardwaj tweeted.

Atishi represents Kalkaji assembly constituency.

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Agencies
January 16,2020

New Delhi, Jan 16: In trouble brewing for the Gautam Adani-led M/S Adani Enterprises, the Central Bureau of Investigation (CBI) on Thursday said that it has registered a case against former officials of the National Co-operative Consumer Federation (NCCF) and others over alleged irregularities in supply of coal to the Andhra Pradesh Power Generation Corporation (APGENCO) in 2010.

The CBI in its FIR has named Virendra Singh, the then Chairman of the NCCF, G P Gupta, the then MD of the NCCF, S C Singhal, the then Senior Advisor of NCCF, Adani Enterprises Ltd and other unknown public servants and others for criminal conspiracy, cheating and criminal misconduct by public servants.

According to CBI, the case was filed on Wednesday after the preliminary enquiry revealed the crime by the officials named in the FIR and the Adani Enterprises was found to be true.

The FIR alleged that on June 26, 2010, APGENCO floated a tender enquiry for supply of six lakh metric tonnes of imported coal "on free on rail destination" basis to Dr Narla Tata Rao Thermal Station (NTTPS), Vijaywada and Rayalasaleema Thermal Power Plant (RTTP), Kadapa, Andhra Pradesh/RTPP via Kakinada-Vizag-Chennai-Krishnapatnam or any other ports

The same was forwarded by the Chief Engineer, APGENCO to seven PSUs -- PEC Limited, STC Limited, MSTC Limited, NCCF, MMTC, Coal India Limited and SCCL Limited.

The FIR alleged that during the probe, the Adani Enterprises used a proxy company to get the supply contract. It said, "NCCF received bids from six companies -- Adani Enterprises Ltd, Maheshwari Brothers Coal Limited (MBCL), Vyom Trade Links Pvt. Ltd, Swarana Projects Pvt. Ltd, Gupta Coal India Ltd and Kyori Oremen Ltd.

During investigation it was found that Gupta Coal India Ltd had quoted the NCCF margin of 11.3 percent, while the MBCL quoted the margin of 2.25 percent and rest did not quote any margin to the NCCF.

The FIR said the quotes of the Gupta Coal India Ltd, Kyori Oremen Ltd and Swarana Projects Pvt. Ltd were rejected by the NCCF as they were not found to be fulfilling the tender conditions.

"Post tender negotiation was done by senior officials of NCCF to give undue favour to Adani Enterprises Ltd despite it not qualifing the tender (terms)," the FIR said, adding instead of cancelling the bid of Adani Enterprise Ltd, senior management of NCCF conveyed the offer margin to the company through one of its representative -- Munish Sehgal, who was sitting in the NCCF head office. It is prima facie evident that when the bids were being processed at NCCF head office in Delhi, a representative of Adani Enterprises Ltd. was informed regarding their imminent rejection due to non-submission of NCCF margin and also that MBCL was eligible bidder quoted 2.25 percent margin," it alleged.

The CBI in its FIR, further alleged that Adani Enterprises Ltd. had given an unsecured loan of Rs 16.81 crore to Vyom Trade Links Ltd in 2008-09. "And further it was revealed that the bank guarantees of the Adani Enterprises Ltd. and Vyom Trade Links Ltd. were issues by the same branch of the State Bank of India and at the same time," it said.

"It was clear that Adani Enterprises Ltd. presented Vyom Trade Links Ltd. as a proxy company in this particular tender and Vyom Trade Links Ltd. later withdrew its offer on flimsy ground," the CBI FIR said.

"The aforesaid acts of commissions and omissions on the part of the senior management of the NCCF disclose that during their tenure, they acted in a manner unbecoming of public servants and committed irregularities by way of manipulation in the selection of bidders, thereby giving undue favours to Adani Enterprises Ltd. in award of work for supply of coal to APGENCO despite its disqualification," it added.

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