SC slams Gautam Khaitan's lawyer in AgustaWestland case

Agencies
September 11, 2019

New Delhi, Sept 11: Supreme Court bench headed by Justice Arun Mishra on Wednesday slammed the lawyer of Gautam Khaitan in the AgustaWestland case on the applicability of the black money law with retrospective effect.

"You are trying to avoid the bench. This conduct is deprecating," Justice Mishra said during the hearing.

"Nonsense", said Justice Mishra, objecting to a senior lawyer not agreeing with a date of hearing in Khaitan's case. Khaitan is an accused in the AgustaWestland VVIP chopper scam and he was booked under the Black Money Act.

"Justice can't be purchased like this. Looks like you want to avoid this bench. We are averse to such a practice. It won't work in this court", Justice Mishra said.

As the lawyer persisted on hearing the matter on a different date, Justice Mishra replied, "You people are lawyers and you are supposed to protect the law. The matter is scheduled for final hearing next week on Wednesday."

The Supreme Court had in May stayed the Delhi High Court order saying that the 2016 black money law cannot be applied with retrospective effect.

The high court had on May 16 restrained the Centre and the Income Tax (I-T) department from taking any action against Khaitan.

The Supreme Court vacation bench, headed by Justice Mishra and also including Justice M.R. Shah, issued a notice to Khaitan, asking him to reply within six weeks.

In May, the Centre had moved the Supreme Court challenging a Delhi High Court order, which ruled the black money law cannot have a retrospective effect, that is, it can't be applied prior to April 1 2016, as fixed by Parliament.

Solicitor General Tushar Mehta had submitted indicating at the implications of the high court order on several cases pending before courts mentioned the matter before the vacation bench comprising Justices Indira Banerjee and Sanjiv Khanna.

On May 16, the Delhi High Court passed the order preventing the government and the Income Tax department from initiating any punitive measure against Khaitan under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.

Challenging his arrest, Khaitan had submitted before the court that the Act on black money was notified by the Centre before the Act itself became operational.

The Enforcement Directorate (ED) on January 26 arrested Khaitan, an accused in the VVIP chopper deal scam, for allegedly depositing money in offshore accounts.

The high court had said: "... at this stage we are prima facie of the considered view that, the official respondents could not have exercised powers granted to it under the provisions of Sections 85 and 86 of the said Act, prior to the enactment itself coming into force, in terms of the provisions of sub-Section (3) of Section 1 of the said Act."

The high court had queried the Centre on the applicability of the retrospective effect from July 2015 to the enactment of the black money law in April 2016 to take into consideration undisclosed foreign income and assets. Khaitan had informed the court that under the Act unnecessary action has been initiated against him for assets which did not exist before the law came into force.

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News Network
March 6,2020

New Delhi, Mar 6: Justice S Muralidhar Thursday cleared the air over the controversy on his transfer from the Delhi High Court to Punjab and Haryana High Court, saying he had replied to Chief Justice of India S A Bobde's communication that he was fine with the proposal and had no objection to it.

The controversy erupted after the Centre issued Justice Muralidhar's transfer notification close to mid night of February 26 -- the day a bench headed by him had pulled up Delhi Police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi.

Justice Muralidhar (58), who received a grand farewell on Thursday from a huge gathering including judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on his transfer and narrated the sequence of events from the time he received CJI's communication till February 26.

The Supreme Court collegium, headed by the CJI, had in a meeting on February 12 recommended the transfer of Justice Muralidhar to Punjab and Haryana High Court.

Justice Muralidhar was number three in the Delhi High Court, his parent high court as a judge.

Explaining the transfer process, he said the 5-member collegium sends to the Centre a recommendation that a judge of a high court should be transferred to another high court. The judge concerned is not at this stage under orders of transfers. That happens only when the collegium's recommendation fructifies into a notification.

“In my case, the collegium's decision was communicated to me by the CJI on February 17 by a letter which sought my response. I acknowledged receipt of the letter, I was then asked to clarify what I meant. As I saw it, if I was to be transferred from the Delhi High Court any way, I was fine with moving to the Punjab and Haryana High Court.

“I therefore clarified to the CJI that I did not object to the proposal. An explanation for my transfer reached the press...on February 20 quoting 'sources in the Supreme Court collegium', confirming what has been indicated to me a couple of days earlier,” he said.

The CJI's letter dated February 14 was delivered to Justice Muralidhar on February 17, the day when the family's pet labrador Sakhi breathed her last.

He said February 26 was perhaps the longest working day of his life as a judge of the Delhi High Court, where he has spent 14 years on the bench.

He said it began at 12:30 am with a sitting at his residence with Justice A J Bhambhani, under the orders of Justice G S Sistani, to deal with a PIL filed by Rahul Roy seeking safe passage of ambulances carrying the injured riot victims.

“When I received a call at my residence from the lawyer for the petitioner, I first called Justice Sistani to ask what should be done, knowing that the Chief Justice (CJ) was on leave. Justice Sistani explained that he too was officially on leave the whole of February 26 and that I should take up the matter.

“This fact is stated in the order passed by the bench after the hearing. Later that day, upon urgent mentioning, as the de facto CJ's bench, Justice Talwant Singh and I took up another fresh PIL on the CJ's board seeking registration of FIRs for hate speeches. After the orders passed on that day, the above two PILs remained on the CJ's Board,” he said.

Justice Muralidhar ended the speech saying the notification which was issued close to midnight of February 26 did two things.

“First, it transferred me to Punjab and Haryana High Court. Second, it appointed me to a position from where I can never be transferred, or removed and in which I shall always be proud to remain. A 'former judge' of arguably the best high court in the country. The High Court of Delhi,” he said, following a standing ovation by all the judges and the gathering, including his family members, former judges, lawyers, court staff and media persons.

Earlier in the day, a farewell programme was also organised by the Delhi High Court Bar Association.

While addressing the gathering at the bar's function, Justice Muralidhar concluded his address saying “When justice has to triumph, it will triumph ... Be with the truth - Justice will be done.”

Justice Muralidhar's mother, wife Usha Ramanathan, former Delhi High Court chief justice A P Shah, senior advocate Shanti Bhushan and former Delhi University VC Upendra Baxi were also present at the later function that was organised by the court.

Bidding adieu to Justice Muralidhar, Delhi HC CJ D N Patel said it was an occasion which has come with a saddening effect and his absence will be felt institutionally as well as personally.

Delhi government standing counsel (criminal) Rahul Mehra termed Justice Muralidhar as a “highly intellectual, courageous, upright and incorruptible judge” and sang bengali song 'ekla chalo re' to describe him.

Mehra said he joins Delhi High Court Bar Association in “strongly condemning” Justice Muralidhar's transfer.

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Agencies
July 24,2020

New Delhi, Jul 24: Telecom companies lost 82.3 lakh subscribers during the COVID-19 lockdown period of April, data released by the Telecom Regulatory Authority of India (TRAI) on Friday showed.

As per the reports received from 342 operators in April, TRAI said the number of broadband subscribers decreased from 68.7 crore at the end of March to 67.6 crore at the end of April with a monthly decline rate of 1.64 per cent.

Top five service providers constituted 98.98 per cent market share of total broadband subscribers with Reliance Jio Infocomm (38.9 crore), Bharti Airtel (14.4 crore), Vodafone Idea (11.1 crore), BSNL (2.1 crore) and Atria Convergence (16 lakh).

The number of overall telephone subscribers decreased from 117.7 crore at the end of March to 116.9 crore at the end of April, showing a monthly decline rate of 0.72 per cent.

The TRAI said total wireless subscribers (2G, 3G and 4G) decreased from 115.7 crore at the end of March to 115 crore at the end of April, thereby registering a monthly decline rate of 0.71 per cent.

Wireless subscription in urban areas decreased from 63.8 crore to 62.9 crore but increased in rural areas from 51.9 crore to 52 crore. Monthly growth rates of urban and rural wireless subscription were minus 1.42 per cent and 0.16 per cent respectively.

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News Network
June 11,2020

New Delhi, Jun 11: Rajasthan chief minister Ashok Gehlot has obliquely hinted that the opposition Bharatiya Janata Party (BJP) is pulling out all stops to destabilise the Congress-led government by luring some of the ruling party’s members of the legislative assembly (MLAs) with Rs 25 crore each.

He alleged that the BJP’s plan is similar to that of toppling the erstwhile Kamal Nath-led government in Madhya Pradesh (MP) and some of his party lawmakers have been offered Rs 10 crore each in advance of the promised sum of Rs 25 crore.

The CM made these allegations while speaking to media persons late on Wednesday night, when the Congress took its 107 party MLAs and 13 independent lawmakers to a resort located on the outskirts of Jaipur for a meeting ahead of the upcoming Rajya Sabha polls for three seats from the desert state slated to be held on June 19.

The 120 MLAs will be shifted to the resort on Thursday.

“Our MLAs are intelligent, alert, and united. Rajasthan is the only state in the country, where 13 independent MLAs supported our government for neither exchange of any money nor post. However, the condition on which our MLAs left the party for the BJP in MP is not good,” Gehlot said.

Rajasthan government’s chief whip Mahesh Joshi in a complaint to the director-general, anti-corruption bureau (ACB), has alleged attempts to poach Congress MLAs and the independent lawmakers, who are supporting the Gehlot-led government.

“Attempts are being made to destabilise the government in Rajasthan on the lines of Karnataka and MP,” Joshi alleged.

Gehlot said that he would hold another round of meeting with the 107 Congress and 13 independent MLAs on Thursday.

The CM also targeted Prime Minister Narendra Modi, alleging that the Upper House elections were postponed under pressure because the BJP could not poach an adequate number of MLAs in Rajasthan and Gujarat.

He blamed the saffron party for its lack of faith in democracy, as it has ensured the resignation of eight Congress MLAs in Gujarat since March, including three earlier this week.

Mukesh Pareek, BJP’s state spokesperson, refuted the allegations levelled by CM Gehlot against his party and asked the ruling Congress to give evidence of alleged poaching of its and independent lawmakers.

‘The Congress has failed to manage its own house. There is growing resentment in the party’s rank and file over its failed national leadership,” Pareek alleged.

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