Goa probes alleged sexual assault by Tehelka founder Tarun Tejpal

November 22, 2013

Tehelka_founderPanaji/New Delhi, Nov 22: The Goa government on Thursday ordered a suo motu "preliminary inquiry" into allegations that Tehelka's high-profile founder-editor and author Tarun Tejpal sexually assaulted a junior colleague in the lift of a starred hotel near the state capital of Panaji.

Briefing the media, chief minister Manohar Parrikar, who also holds the home portfolio, said that "a prima facie case has been made out" and didn't rule out summoning Tejpal, who has not been available for comment since the charges surfaced on Wednesday.

Goa DGP Kishan Kumar said the police have also asked the magazine's managing editor Shoma Chaudhury to hand over a copy of the complaint submitted to her by the victim "for necessary action". He said Chaudhury had not referred the matter to the police after receiving the complaint from the girl "as she was legally bound to do". "We cannot register an FIR based on media reports. We'll need a copy of the complaint," he added. Sources said the police have obtained video footage of the lift from the hotel management.

Tejpal had on Wednesday announced his decision to step down as editor of Tehelka for six months following the journalist's complaint to Chaudhury on November 18 alleging that while on duty she was sexually assaulted by Tejpal on two occasions on November 7 and 8 at the magazine's annual ThinkFest.

What provoked searing criticism was Tejpal's email to Chaudhury which stated that he was recusing himself from editorship as he "must do the penance that lacerates me". Kavita Krishnan, who heads the All India Progressive Women's Association (AIPWA), described Tehelka's response as "completely inadequate and in fact shocking. Penance is no substitute for due process and penalty." "Tarun Tejpal is no God to decide his own course of punishment," said Mamata Sharma, head of the National Commission for Women (NCW).

Chaudhury also came under fire on Thursday for her handling of the situation. She had told a TV channel, "There was an incident which has been dealt with internally. An unconditional apology was extended by Tarun. The journalist concerned was satisfied with the action taken." The journalist responded by saying, "I am deeply disappointed with Tehelka's response. The claim that I am 'satisfied' is false."

In her mail to Chaudhury, which details the two separate alleged incidents as well as everything that happened before and after, the journalist said, "Both times, I returned to my room in a completely distraught condition, trembling and crying.'' She said she had reported both incidents to three colleagues who were also in Goa for the festival. She said Tejpal later sent her text messages insinuating that she had "misconstrued'' the "drunken banter".

In an email to the magazine's staffers, Chaudhury had said: "There has been an untoward incident, and though he has extended an unconditional apology to the colleague involved, Tarun will be recusing himself as the editor of Tehelka for the next six months."

She attached an email from Tejpal which began, "The last few days have been most testing, and I squarely take the blame for this. A bad lapse of judgement, an awful misreading of the situation, have led to an unfortunate incident that rails against all we believe in and fight for."

When questioned about the incident, Shoma told The Indian Express: "I don't know how this concerns you...I don't think you can ask me these questions".

Facing flak for describing the case as an "internal matter", Chaudhury tried to defend her position by saying: "From my understanding she wanted an apology and it was given to her. The editor stepped down which was not something she had asked for, it was over and above that."

But when the criticism snowballed late Thursday, Chaudhury issued a statement saying Tehelka had now constituted a committee, as per Vishaka guidelines, headed by feminist and publisher Urvashi Butalia to investigate the matter.

At the press conference, chief minister Parikkar said that though Goa police could have filed an FIR, they had limited themselves to conducting a preliminary enquiry and the next course of action would depend on what this yielded.

Parrikar said action would be taken as per law. "Higher the person, higher the punishment should be, subject to the law. If in a high profile case, you do not punish the guilty, society will lose faith in institutions."

The victim has not submitted any complaint to the Goa police but Parrikar said that a preliminary enquiry does not need a complaint. "Also, a criminal offence within the jurisdiction of Goa necessitates that we investigate the charges regardless of whether a complaint is there or not," he added. The preliminary inquiry could take between anywhere one day to a week because the offence was committed about 10 days ago, he indicated.

Asked about the nature of the offence, Parrikar said that available information pointed towards attempted rape or molestation. Asked if he was depending only on media reports, Parrikar said the government had no knowledge of the offence beyond media reports.

The Goa state women's commission would also take cognizance of the offence and initiate suo motu action, he said. Commission chairperson Vidhya Shet Tanawade said the commission would meet on Friday to discuss the issue and decide on what needed to be done.

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News Network
February 29,2020

New Delhi, Feb 29: The father of Intelligence Bureau staffer Ankit Sharma, whose body was pulled out of a drain in northeast Delhi's riot-hit Chand Bagh, complained to police that goons had assembled at the residence of former AAP counselor Tahir Hussain and were throwing petrol bombs from the rooftop.

According to the FIR which was registered on Thursday on the basis of the complaint lodged by Ankit's father Ravinder, the goons were also firing from the rooftop.

On Tuesday, Ankit returned from his office at 5 pm and then went outside to buy groceries. When he did not return, the family started looking for him and later filed a missing report, the FIR stated.

They got to know from their neighbours that a body has been recovered from a drain… later it was found to be that of Anikt, it said, adding the body had multiple stab injuries on the face, head, back, and chest.

The family has alleged in the FIR that it was Hussain and the goons at his residence who killed Ankit. In the FIR, Hussain has been accused of murder, destruction of evidence and abduction.

Soon after the FIR was registered on Thursday, the AAP suspended Tahir Hussain from the primary membership of the party till the police completed its probe.

The death toll in Delhi's communal violence rose to 42 on Friday as the situation showed some signs of returning to normalcy and clouds of smoke cleared to reveal the extent of the damage from the worst riots in the city in over three decades.

A total of 148 FIRs have been registered and 630 people have been either arrested or detained so far in connection with the communal violence, a Delhi Police spokesperson said.

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February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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February 28,2020

Feb 28: National oil marketer Indian Oil Corporation (IOC) on Friday said it is ready to supply low emission BS-VI fuels from April 1 and that there will be a marginal increase in retail prices.

The largest oil supplier has spent over Rs 17,000 crore to upgrade its refineries to produce the low-sulfur diesel and petrol, the company's chairman Sanjiv Singh told reporters here.

Without disclosing the quantum of price increase, Singh said, “there will definitely be a marginal increase in retail prices of the fuels from April 1 when the whole country will be run on new fuels, which will have a sulphur content of only 10 parts per million (ppm) as against the present 50 ppm.

“But let me assure you, we will not be burdening the consumers with a steep hike,” Singh said.

He said, state-run oil marketing companies (OMCs) have invested Rs 35,000 crore to upgrade their refineries, of which Rs 17,000 crore have been spent by IOC alone.

Earlier this week, the sell-off bound BPCL said it had invested around Rs 7,000 crore for the same. ONGC-run HPCL has not so far disclosed its readiness for BS-VI supplies or its capex on the same.

HPCL had said from February 26-27 it was ready with BS-VI fuels and that it would sell only the new fuels from March 1.

IOC switched to BS-VI fuel production a fortnight ago and all its depots and containers are ready now, Singh said.

However, he said some remote locations, where the intake is very low, will take some more time to switch. But the company is planning to drain out the entire BS-IV stock and replenish the new fuels at such locations, he added.

Further, it has been reported that the companies will have to increase prices by 70-120 paise a litre, but Singh said, to arrive such a weighted average is not possible given the complexities of each refinery.

He, however, asserted that the price hike will not be a burden on consumers.

We are not looking at this investment from a pure return on investment basis, but this is a national mandate and we have done it.

Having said that, all those countries that moved to low emission fuels are charging higher prices; and from April 1, our prices will also be benchmarked against Euro VI prices as against the present practice of the cost-plus model, Singh concluded.

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