Loan defaulters have no right to have lawyer in 'in-house' proceedings of banks: SC

Agencies
May 12, 2019

New Delhi, May 12: The Supreme Court has held that a person has no "right" to be represented by a lawyer in "in-house" proceedings initiated by banks or financial institutions to declare him willful defaulters for non-payment of dues.

A bench comprising Justices R F Nariman and Vineet Saran was dealing with the question whether a person is entitled to be represented by a lawyer of his choice in the process undertaken by banks to declare him a "wilful defaulter" under a circular issued by the Reserve Bank of India (RBI).

"We are of the view that there is no right to be represented by a lawyer in the in-house proceedings contained in...the Revised Circular dated July 01, 2015, as it is clear that the events of wilful default as mentioned...would only relate to the individual facts of each case.

"What has typically to be discovered is whether a unit has defaulted in making its payment obligations even when it has the capacity to honour the said obligations; or that it has borrowed funds which are diverted for other purposes, or siphoned off funds so that the funds have not been utilised for the specific purpose for which the finance was made available," the top court said in its verdict delivered on last Wednesday.

It said that the question whether a default was "intentional, deliberate, and calculated" was the question of fact which can be dealt by the borrower or the lender and the assistance of lawyer was not needed.

The apex court allowed the appeal of State Bank of India against the Delhi High Court order which had held that the firm, Jah Developers Pvt. Ltd., can be represented by lawyers in the in-house proceeding of the lending bank to declare it a willful defaulter.

Setting aside the high court order, the apex court ordered that the bank must give to the borrower the copy of the order of the first in-house committee which conducted the proceedings to declare the firm a willful defaulter.

"The borrower can then represent against such order within a period of 15 days to the Review Committee...The Review Committee must then pass a reasoned order on such representation which must then be served on the borrower, the apex court said.

The lending bank had contended that the defaulting borrower does not need the assistance of lawyers in the proceedings as no complex legal questions are decided in declaring a person a willful defaulter.

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Agencies
March 3,2020

Kashmir, Mar 3: Four days after the National Investigation Agency made a major breakthrough in the Pulwama terror attack case over a year after the bombing, arresting one person who had sheltered the suicide bomber Adil Ahmad Dar, the NIA on Tuesday arrested two more people in the case - a father-daughter duo - who had also provided shelter to the bomber, officials said.

The NIA also claimed that the video of the suicide bomber was also recorded at their residence and released by the Jaish-e-Mohammad (JeM) terror group from Pakistan after the attack. An NIA spokesperson in Delhi said: "Two more persons have been arrested by the agency in the Pulwama terror attack case and they have been identified as Insha Jan, 23, and her father Tariq Ahmed Shah, 50, who works as a tipper driver."

The official said that the father-daughter duo have been arrested from Hakripora area in Pulwama for their involvement in the attack. The two were arrested on early Tuesday morning after senior officials of the NIA raided their house on Monday night.

A senior NIA official related to the probe told IANS: "The video of Dar, who attacked the CRPF convoy, was recorded at the home of the duo. And the same video was released soon after the Pulwama terror attack by the JeM terrorists from a Pakistani IP address."

He said, "The video was shared by them to their handlers in Pakistan."

The spokesperson further claimed that during the probe Tariq Ahmed Shah disclosed that his house in Hakripora area was used by Dar, Mohammad Umar Farooq, a Pakistani terrorist and IED maker, Kamran - another Pakistani terrorist (both were later killed in encounters with security forces), Sameer Ahmed Dar, a Jaish-e-Mohammad terrorist from Pulwama and Mohammad Ismail aka Ibrahim, a Pakistani terrorist.

The spokesperson said that Shah facilitated all the terrorists at his house for sheltering and for planning of the heinous attack on the CRPF convoy. He said Jan, daughter of Shah, facilitated the terrorists at their home and provided food and other logistics during their stay on more than 15 occasions for two to four days each time, in their house during the year 2018-2019.

"Initial interrogation has revealed that Jan was in constant touch with Farooq and was in communication with him over telephone and other social media applications," the spokesperson said. The fresh arrests of the two accused brings the total number of arrests in the case to three.

The arrests were made on the revelations of Shakir Bashir Magrey, who was arrested by the anti-terror probe agency on February 28. According to senior NIA officials, more arrests will be made in the coming days. Magrey, a resident of Hajibal, Kakapora in Pulwama district of Jammu & Kashmir, is an overground worker (OGW) of the Pakistan-based Jaish-e-Mohammad (JeM).

According to agency sources, Magrey allegedly provided shelter and other logistical assistance to the Pulwama suicide bomber. He was sent to 15 days' NIA custody by a special NIA court in Jammu & Kashmir on Friday. During interrogation, Magrey revealed that he had harboured Dar and Pakistan-based terrorist Mohammad Umar Farooq in his house from late 2018 till the attack in February 2019 and assisted them in the preparation of the Improvised Explosive Device (IED). His shop is located near Lethpora bridge, and as advised by Mohammad Umar, he started conducting reconnaissance of the movement of CRPF convoys on Jammu-Srinagar Highway in January 2019, and informed Mohammad Umar and Adil Ahmad Dar about it.

Magrey was also involved in modifying the Maruti Eeco car and fitting the IED into it in early February, 2019 and was introduced to Adil Ahmad Dar in mid-2018 by Mohammad Umar and he became a full-time OGW of JeM.

"During his initial interrogation, he disclosed that on several occasions, he collected and delivered arms, ammunition, cash and explosive material to JeM terrorists, including those involved in the Pulwama attack," the agency had said on February 28.

"During investigation, the make, model and number of the car used in the attack was quickly ascertained by NIA to be a Maruti Eeco through forensic examination of the tiny remnants of the car which were found at the spot during extended searches," the agency stated.

"This has been corroborated by accused Shakir Bashir Magrey. The explosives used in the attack were determined to be ammonium nitrate, nitro-glycerin and RDX, through forensic investigation," it said.

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News Network
February 13,2020

Guwahati, Feb 13: Hours after Assam's updated citizenship data disappeared from the website 'nrcassam.nic.in', an FIR was filed against a former NRC official for allegedly failing to submit the password to the sensitive document before quitting her job.

Talking to news agency on Thursday, NRC state coordinator Hitesh Dev Sarma said the complaint against former NRC project officer was filed under Official Secrets Act in Paltan Bazar police station here, as she "did not provide the password to the document, despite written reminders".

"She failed to surrender the password even after tendering her resignation on November 11 last year. She was a contractual employee and no longer authorised to hold the password, after quitting her job. An FIR has been filed against the former NRC project officer on Wednesday for violating the Official Secrets Act," he said.

Sarma also stated that the NRC office had written to her on several occasions for submitting the password, but did not get any response.

"We knew (she had resigned) and, therefore, sent several letters to her for handing over the password. But as she did not respond all these months, we filed a complaint against her yesterday for violating the Official Secrets Act.

"We must know if she has tampered with the sensitive information, after resigning," he added. The NRC state coordinator, however, refuted allegations of "malafide intent" involved in the matter.

"...this (cloud service provided by IT major Wipro) was not renewed by the earlier coordinator. So, the data went offline from December 15 last year. I assumed charge only on December 24," Sarma, who had gone on leave for a weeks after being appointed as the NRC state coordinator, clarified.

He also said that the state coordination committee had discussed the issue in its meeting on January 30 and wrote to Wipro during the first week of February.

"Once Wipro makes the data live, it will be available to the public. We hope that people will be able to access it in the next 2-3 days," Sarma claimed.

Reacting to the development, Wipro had said: "The IT Services Contract was not renewed by the authorities upon its expiry in October, 2019. However, as a gesture of goodwill, the company continued to pay the hosting service fee until January-end, 2020."

In another FIR filed with state criminal investigation department on Wednesday, NGO Assam Public Works (APW) alleged that former NRC Assam coordinator Prateek Hajela tampered with the final NRC list - published on August 31, 2019.

APW member Rajib Deka, in his complaint, accused Hajela of disobeying orders and directions of the Supreme Court, forgery of public register and committed offences under cyber laws for altering or changing public records by misusing his powers and position.

The NGO also said that after publication of the final list, several social networks and sections of the media had reported anomalies, insisting that many 'doubtful' persons were able to insert their names in the final list.

The Centre on Wednesday asserted that NRC data in Assam was safe even though some technical issues have been detected, which would be resolved soon.

Senior journalist-cum-RTI activist Saket Gokhale had sent an application to the NIC, the IT wing of the government, seeking a copy of the contract with Wipro.

"The Assam NRC data suddenly vanishing from the website (& the lack of data security) is incredibly shady. I've filed an RTI with the NIC specifically asking about details of the contract with Wipro, name of the cloud service provider, & all contracts signed for hosting this," he tweeted, while attaching a copy of the RTI application.

Leader of the Opposition in Assam Assembly and Congress leader Debabrata Saikia has also written to the Registrar General of India, requesting him to look into the fiasco urgently.

"It is a mystery as to why the online data should vanish all of a sudden, especially as the process to file appeals was yet to begin, all because of the go-slow attitude adopted by the NRC Authority. There is, therefore, ample scope to suspect that disappearance of online data is a malafide act," he had insisted.

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Agencies
February 7,2020

Jammu & Kashmir, Feb 7: Former Jammu and Kashmir chief ministers Mehbooba Mufti and Omar Abdullah, besides two political stalwarts from NC and its arch-rival PDP were booked under the stringent Public Safety Act (PSA) by the administration on Thursday, officials said.

A magistrate accompanied by police served the order to Mufti at the bungalow where she has been detained, the officials said.

Abdullah was also booked under the PSA, they said.

National Conference general secretary and former minister Ali Mohammed Sagar, who wields a support base in downtown city, was served with a PSA notice public order by the authorities.

Similarly, senior PDP leader Sartaj Madani was booked under the PSA. Madani is the maternal uncle of former chief minister Mehbooba Mufti.

Both Sagar and Madani were detained in the aftermath of August 5 crackdown by the Centre on politicians following abrogation of special status of the erstwhile state, besides its bifurcation into two union territories.

Their six-month preventive custody was ending on Thursday.

Earlier, the officials had said that former NC legislator Bashir Ahmed Veeri was also booked under the PSA but later it turned out that he had been released.

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