Finish trial against MPs and MLAs in one year, Supreme Court orders

March 11, 2014

Supreme_Court_ordersNew Delhi, Mar 11: After ordering disqualification of MPs and MLAs immediately after conviction for heinous offences, the Supreme Court on Monday took a second big step towards cleansing the political process by directing that trial proceedings in cases of corruption and serious crimes against elected representatives must be completed within a year.

The apex court's July 10, 2013 judgment had robbed elected representatives of the benefit under Section 8(4) of Representative of People Act which allowed them to save their membership in respective Houses by merely filing an appeal within three months of the order of conviction.

However, "tainted" MPs and MLAs drew comfort from the snail-paced judicial process, hoping that cases against them would linger indefinitely, or that they could use delaying tactics to prevent the court from reaching a final conclusion about their alleged guilt and pronounce a judgment.

The order, passed by a bench of Justice RM Lodha and Justice Kurian Joseph, ends the last hope of MPs and MLAs of evading early adjudication of their alleged guilt and a possible conviction resulting in a sentence of more than two years or more, which generally follows in a corruption case or in serious offences.

Deadline to start after framing of charges

In its interim order on a PIL by NGO "Public Interest Foundation", the bench said, "Where sitting MPs and MLAs are facing corruption cases and other serious offences (which involve a punishment of more than two years on conviction), the trial will be completed expeditiously on a day-to-day basis and in no instance later than one year from the date of framing of charges."

This means, those who get elected in the coming general elections and have pending criminal and corruption cases against them, the verdict will be out before May next year. If found guilty and sentenced to more than two years imprisonment, they will immediately lose their membership. This order will also have a sanitizing effect on political parties and ensure that they do not field candidates with criminal background.

According to an estimate, the order will have a bearing on the political career of 162 MPs who are facing criminal charges.

The bench directed all trial courts, which are hearing cases of corruption and serious offences against MPs and MLAs, to strictly adhere to the one-year limit from framing of charges and warned that if they overshot the deadline, then they would have to give written explanation to the chief justice of the high court concerned.

"In extraordinary circumstances, where the trial court is not being able to conclude the trial within one year of framing charges, it would submit a report to the chief justice of the concerned HC indicating the special reasons for the delay. The chief justice may issue appropriate directions to the concerned court for extension of time for conclusion of trial," said Justice Lodha and Justice Joseph after additional solicitor general Paras Kuad agreed with the court's view on behalf of the Centre.

The bench took framing of charge as the starting point for fixing one-year time period for completion of trial keeping in mind the Law Commission's recommendation that filing of charge-sheet "is not an appropriate stage to introduce electoral disqualifications".

The commission said there was not sufficient application of judicial mind to the charges leveled by the investigating agency at the time of filing of charge-sheet. However, it recommended that framing of charges involved application of judicial mind to the charges and evidence.

The commission in its recommendation to the Union government on February 24 proposed disqualification of MPs and MLAs if a trial court framed charges against them in cases of corruption or heinous offences.

"The stage of framing of charges is based on adequate levels of judicial scrutiny, and disqualification at the stage of charging, if accompanied by substantial attendant legal safeguards to prevent misuse, has significant potential in curbing the spread of criminalization of politics," it recommended.

The commission also proposed to the government to introduce a provision in the RP Act making filing of false affidavits about personal antecedents along with nomination papers an offence punishable by imprisonment for not less than two years. This means, if an elected candidate gets convicted for filing

false affidavits, then he would lose his seat in the House and get debarred from contesting elections for six years.

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News Network
March 16,2020

New Delhi, Mar 16: Reliance Group Chairman Anil Ambani has been summoned by the ED in connection with its money laundering probe against Yes Bank promoter Rana Kapoor and others, officials said on Monday.

They said Ambani was asked to depose at the Enforcement Directorate office in Mumbai on Monday as his group companies are among the big entities whose loans went bad after borrowing from the crisis-hit bank.

The officials said Ambani, 60, has sought exemption from appearance on some personal grounds and he may be issued a new date.

Ambani's group companies are stated to have taken loans of about Rs 12,800 crore from the bank that turned NPAs.

Finance Minister Nirmala Sitharaman had said in a March 6 press conference that the Anil Ambani Group, Essel, ILFS, DHFL and Vodafone were among the stressed corporates Yes Bank had exposure to.

Officials said promoters of all the big companies who had taken large loans from the beleaguered bank which later turned bad are being summoned for questioning in the case to take investigation forward.

Ambani's statement will be recorded under the Prevention of Money Laundering Act (PMLA) upon deposition, they said.

Kapoor, 62, is at present in ED custody after he was arrested by the central probe agency early this month.

The ED has accused Kapoor, his family members and others of laundering "proceeds of crime" worth Rs 4,300 crore by receiving alleged kickbacks in lieu of extending big loans through their bank that later turned NPA.

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News Network
May 17,2020

New Delhi, May 17: Spelling out the government’s fourth tranche of initiatives towards achieving Prime Minister Narendra Modi’s vision of ‘Atmanirbhar Bharat’, Union Finance Minister Nirmala Sitharaman on Saturday announced significant structural reforms in eight sectors of the economy — coal, minerals, defense production, aviation, power distribution in Union territories, space and atomic energy.

Addressing her fourth and the second-last press conference, Sitharaman said crucial sectors such as coal production and exploration, defence production and space would see an increased participation from private entities.

Coal sector:

In the realm of coal exploration, the government has decided to liberalise the entry norms for private entities, which would mean that any interested party could bid for a coal block and sell it in the open market. The minister said that the government would do away with all the eligibility conditions at the time of bidding for a coal block, except requiring an “upfront payment with a ceiling.”

Nearly 50 coal blocks would be offered to private players immediately, revealed Sitharaman.

She further said that Rs 50,000 crore would be spent by Centre in creating ‘coal evacuation’ infrastructure, which would expedite the transport of mined product to the destination.

Defence sector:

In defence production, Sitharaman revealed that the government would raise the foreign direct investment (FDI) limit in the sector from current 49 per cent to 74 per cent. Further, the government would also work towards corporatising the ordnance factory boards. “Corporatising doesn’t amount to privatization,” added Sitharaman.

In a bid to boost indigenous production of defence products and gave an impetus to Make in India, Sitharaman said that the government was in a process of notifying a list of weapons/platforms for an import ban with year-wise timelines.

These decisions would also help in reducing huge import bills, the finance minister said.

Privatisation of electricity:

In another announcement that could have an effect on electricity charges in the union territories, Union Finance Minister Nirmala Sitharaman announced on Saturday that power departments and utilities in all the centrally administered territories would be privatised.

Sitharaman said that the proposed move would lead to better service to consumers and improvement in operational and financial efficiency in distribution.

The finance minister said that decision was guided by 'sub-optimal' utilisation of performance of power distribution and supply'.

She said that the move to that effect would provide a model for emulation by other utilities across the country, in what could be an indicator of what's in the pipeline for utilities in other states as well.

Sitharaman said that the privation reform was in line with the tariff policy reforms and would help in enhancing consumer rights, promote industry and improve the overall sustainability of the sector.

Space sector:

Sitharaman also announced the opening up of the space exploration sector for private players. Till date, the government-run Indian Space Research Organisation (ISRO) has held a monopoly on all activities concerning space exploration and satellite launches.

The Indian private sector will be a co-traveller in India's space sector journey, said Sitharaman, while announcing a series of structural reforms in eight crucial areas of the economy. The Union Finance Minister was addressing her fourth press conference in as many days, as a follow-up towards realising Prime Minister Narendra Modi's vision of 'atmanirbhar Bharat', which was spelled out in his video address on May 12.

Sitharaman said that the reforms in the space sector will provide a level-playing field for private companies in satellite launches and space-based services.

She said that the private sector would be allowed to use ISRO facilities and other assets to improve their capacities. Stating that the government would provide predictable policy and regulatory environment to private players, Sitharaman also disclosed that future projects for planetary exploration and outer space travel among others would be opened up for private entities.

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Agencies
February 25,2020

Agra, Feb 25: The architectural grandeur of 17th century Taj Mahal and the story of its construction by Mughal Emperor Shah Jahan left US President Donald Trump "impressed" during his visit to the famed mausoleum, according to the guide who accompanied him.

Nitin Kumar, an Agra-based guide, said the first word the president said after laying his eyes on the marble marvel was "incredible".

He and First Lady Melania Trump visited on Monday the iconic Taj Mahal in Agra, the second stop on his little less than 36-hour-long trip of India, and marvelled at the Mughal-era mausoleum built as a monument of love.

After Dwight David Eisenhower (1959) and Bill Clinton (2000), he became the third US president to visit the architectural icon.

"I told them the story of the Taj Mahal, the construction, and the story behind it. President Trump got very emotional after knowing the story of Shah Jahan and his wife Mumtaz Mahal. How he was kept under house arrest by his own son Aurangzeb, and buried here at Taj, next to Mumtaz's grave, after his death," Kumar told reporters.

The couple was left speechless on the first sight of the monument, and showed interest when they were told about the history and architecture of the dome, and the design details, Kumar said.

"Melania Trump asked about the mud-pack treatment and was amazed when she got to know the details of the process," he said.

One of the most photographed sites in the world, it is always high on the itinerary of head of states visiting India.

The monument was built over a period of nearly 20 years by Shah Jahan in memory of his wife after her death in 1631.

"The Taj Mahal inspires awe, a timeless testament to the rich and diverse beauty of Indian Culture!' Thank You, India," the US President and First Lady jointly wrote in the visitors' book before signing it.

According to Mohammed Zafar, who lives close to Taj Mahal complex, Nitin has been conducting guided tours for many years. "He was selected for this VVIP visit," he said.

"Many people were taking selfies with him, after the end of the visit. So, many media persons interacted with him. He has got some instant fame of sorts," Zafar said.

Authorities at Archaeological Survey of India had "advanced the dates" for mud-pack treatment for the graves of Shah Jahan and Mumtaz Mahal at Taj Mahal in view of the US President Trump's visit to Taj, a senior official had earlier said.

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