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INX Media case: SC refuses anticipatory bail for Cong leader Chidambaram

Agencies
September 5, 2019

New Delhi, Sept 5: The Supreme Court on Thursday refused to intervene against a Delhi High Court order to protect former Union Finance Minister P. Chidambaram from arrest by the Enforcement Directorate (ED) probing money laundering charges against him in the INX Media case.

In a short order, a Bench of Justices R. Banumathi and A.S. Bopanna said anticipatory bail could not be expected as a matter of right, especially in economic offences. Courts had to provide anticipatory bail sparingly.

As an after-effect of the dismissal of his plea in the ED case, Mr. Chidambaram chose to withdraw his appeal challenging his arrest and remand in the CBI part of the INX Media case.

Mr. Chidambaram is currently in CBI custody. He is due to be produced before the trial court for remand hearing. He has completed 15 days in CBI custody. He has applied for regular bail in the CBI court. If that fails, chances are he may be sent to Tihar Jail in judicial custody. With this apex court order, the road is also clear for the ED to arrest him.

In its decision, the apex court further upheld the investigating agency’s stand that an accused could not insist that he should be first confronted with the evidence placed in court to deny him anticipatory bail.

The court said this may run the risk of exposing the evidence.

The ED had argued that the “art of investigation” did not oblige it to reveal to Mr. Chidambaram the entire gamut of evidence collected during investigation in the INX Media case.

Solicitor General Tushar Mehta, for the ED, had told the Supreme Court that complete transparency towards an accused, especially one so high-profile like the senior Congress leader, would have been an open invitation for him to tamper with evidence of money laundering. A tell-all policy in favour of accused persons destroyed cases.

Mr. Mehta said it was “preposterous and absurd” for Mr. Chidambaram to claim that only evidence he was privy to should have been shown to the Delhi High Court. Such an approach, if adopted, would affect other sensitive investigations into the Vijay Mallya, Mehul Choksi, Neerav Modi, Sharda chit fund and terror funding cases.

“It will result in disastrous consequences,” Mr. Mehta submitted on August 29, when the case was reserved for orders.

“The art of investigation is that we reveal only certain things. If we confront him with 15 money trails when he really has 30, he will do his best to wipe out the rest,” Mr. Mehta reasoned.

Mr. Chidambaram had argued that the Delhi High Court had refused him protection from arrest on August 20 solely on the basis of “material” handed over by the probe agency in a sealed cover “behind his back”.

Senior advocate Kapil Sibal, for Mr. Chidambaram, said the case was a classic example of how “sealed covers seal the fate of a man’s liberty”.

Mr. Chidambaram’s lawyers had questioned why he was not confronted with this material when he was questioned thrice by the ED on December 19, 2018, January 7 and January 21, 2019. They sought a transcript of the interrogation sessions of the three days.

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News Network
August 8,2020

The Kozhikode International Airport located at Karipur is not safe for the landing of flights in rainy season, according to an air-safety expert, who had warned the aviation ministry and the civil aviation regulator about this in 2011. 

The warning was particularly about the dangers of permitting passenger aircraft to land on runway 10 of the airport during rains and unfavourable wind conditions. 

Nine years later, on August 7, 2020, the warning became a reality when an Air India Express pilots landed in tailwind conditions and the aircraft overshot the tabletop runway to drop off the end and crash.

 “An aircraft landing on runway 10 in tailwind will experience poor braking action due to heavy rubber deposits … All such flights … are endangering the lives of all on board,’’ said Capt Mohan Ranganathan, in a letter sent on June 17, 2011 to then director general of civil aviation Bharat Bhushan and Nasim Zaidi, chairman of a civil aviation safety advisory committee, which was formed after the May 2010 Mangaluru air crash which killed 158 people.

“My warning issued after the Mangaluru crash was ignored. It is a table-top runway with a down slope. The buffer zone at the end of the runway is inadequate,” Capt Ranganathan said. Given the topography, he pointed out, the airport should have a buffer of 240m at the end of the runway, but it only has 90m (which the DGCA had approved). “Moreover, the space on either side of the runway is only 75m instead of the mandatory 100m,” he added.

Capt Ranganathan said there is no guideline for operations on a table-top runway when it is raining. “Runway 10 approach should not be permitted in view of the lack of runway end safety area (RESA) and the terrain beyond the end of the runway. RESA of 240m should be immediately introduced and runway length has to be reduced to make the operations safe,” his letter said.

If an aircraft is unable to stop within the runway, there is no RESA beyond the end. The ILS localiser antenna is housed on a concrete structure and the area beyond is a steep slope. “The Air India Express accident in Mangalore should have alerted AAI to make the runway conditions safe. We have brought up the issue of RESA during the initial Casac-sub group meetings. We had specifically mentioned that the declared distances for both runways have to be reduced in order to comply with ICAO Annex 14 requirement,” Capt Ranganathan said.

He said the condition of the runway strip was known to DGCA teams that have been conducting inspection and safety assessments. “Have they considered the danger involved? Did the DGCA or the airlines lay down any operational restrictions or special procedures?”

The letter also refers to Approach and Landing Accident Reduction (ALAR) training, which is supposed to be mandatory before every monsoon, but airlines don’t follow it, he said. “70% of accidents take place during approach and landing and that is why this training is essential,” he added.

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News Network
February 5,2020

New Delhi, Feb 5: Kapil Baisala who opened fired at the Shaheen Bagh protest site last week is a member of the Aam Aadmi Party, police said on Tuesday, sparking a war of words between the BJP and the AAP.

While the BJP accused Chief Minister Arvind Kejriwal of "playing" with the security of the country, the AAP hit back, stating the saffron party was indulging "dirty politics".

Deputy Commissioner of Police (Crime Branch) Rajesh Deo said that Baisala and his father joined the AAP in early 2019.

Baisala's family, however, refuted the police's claim.

Kapil Baisala's uncle Fatesh Singh told PTI, "I have no idea where these photographs are circulating from. My nephew Kapil had no association with any political party nor does any other member from the family. My brother, Gaje Singh, (Baisala's father) fought assembly elections in 2008 on a Bahujan Samaj Party ticket and lost. After that no one from our family had any links with any political party."

Singh added that Baisala also doesn't have friends associated with the AAP or any other political party.

Gaje had also contested the 2012 civic body polls from the BSP, the police said.

The police officer said they seized Baisala's mobile phone and retrieved WhatsApp data.

On Saturday, Baisala fired two rounds in air at Shaheen Bagh. According to eyewitnesses, the man shouted "Hindu Rashtra Zindabad" and fired two rounds.

He was overpowered by the police and later arrested.

In the pictures, it was seen that he and his father joined the party in the presence of Atishi Marlena, Sanjay Singh and other leaders, sources said.

The police said on Thursday, Baisala, along with his friend Sarthak Larolla, went to Shaheen Bagh from his village on a bike.

Through CCTV footage, it was found they took the DND flyover, Maharani Bagh, Sarai Jullena and reached Holy Family hospital, a senior police officer said.

"Baisala was not comfortable on the bike as he had hidden the pistol near his waist. They entered the hospital's parking where he adjusted the pistol, used the washroom and headed towards Shaheen Bagh," the senior official added.

When they reached the protest site, Larolla left the spot with the motorcycle and Baisala's mobile phone. Later, Baisala fired two rounds in the air and was apprehended. The weapon was recovered from near the spot, the police said.

Larolla joined the investigation and the mobile phone was seized from his residence.

Baisala has been remanded to police remand for two days.

He had bought the pistol around seven years ago for his brother's marriage. The source of the weapon from where he procured it is yet to identified, police said.

The sources said Baisala was previously also involved in firing incident but was never caught nor was a case registered against him.

Hitting out at the AAP, BJP president J P Nadda accused Kejriwal of playing with the security of the country and said that the people will give the party a befitting reply.

"I want to make clear to Kejriwal that this country is bigger than any election, any government, and the country will not forgive those who play with its security. The people of Delhi will give a befitting reply," Nadda tweeted.

Senior AAP leader Sanjay Singh asked on whose directions was the Delhi Police accusing his party.

"Before the police revealed it (Baisala being an AAP member), how did BJP's Delhi president Manoj Tiwari come to know about it," Singh asked and accused the police of maligning the party.

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News Network
January 27,2020

Jan 27: Bidders for Air India Ltd. will need to absorb $3.26 billion of its debt, as Prime Minister Narendra Modi’s administration tries once again to sell the national carrier.

The entire company will be sold but effective control needs to stay with Indian nationals, according to preliminary terms published Monday. Bids are invited by March 17 with Ernst & Young LLP India as transaction adviser.

Air India, which started in 1932 as a mail carrier before winning commercial popularity, saw its fortunes fade with the emergence of cutthroat low-cost competition. The state-run airline has been unprofitable for over a decade and is saddled with more than $8 billion in debt.

Indian regulations allow a foreign airline to buy as much as 49% of a local carrier, while overseas investors other than airlines can buy an entire carrier. The government didn’t find a single bidder when it tried to sell Air India in 2018.

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