HC seeks documents on allegations against Khurshid's trust

October 18, 2012
Salman_Khurshid

Lucknow, October 18: The Lucknow bench of Allahabad High Court today issued notice to a television news channel directing it to produce entire documents relating to the matter of Dr Zakir Hussain Memorial Trust run by Union Law Minister Salman Khurshid on the basis of which a Public Interest Litigation was filed.

The order was issued by the division bench comprising Justice Uma Nath Singh and Justice Satish Chandra during hearing on the maintainability of the PIL filed by RTI activist Nutan Thakur.

The PIL was filed on Monday last in the registry of the Lucknow bench seeking direction for lodging of an FIR and also monitoring by the court in the case of the trust run by Law Minister Khurshid and his wife Louise.

The petitioner in her PIL prayed the court to direct principal secretary home of Uttar Pradesh government and Economic Offences Wing to immediately lodge an FIR on the basis of primary investigation report conducted by Viklang Kalyan department and social welfare department in pursuance of Ministry of Social Justice as send to EOW by the state and to investigate the matter in accordance with law.

It was also prayed that the court kindly monitor the investigation on its end.

Six parties, including state government through principal secretary home, EOW, central government through Ministry of Social Justice, principal secretary social welfare UP, Aaj Tak through Editor India Today group and Dr Zakir Hussain Memorial Trust, were arrayed as the respondents in the PIL.

Appearing on behalf of the Union Government senior counsel Vivek Tankha alleged that it was a proxy PIL, filed in a casual manner to malign and scandalise a person.

Raising preliminary objection, the counsel submitted that the PIL was based on the media reports without inquiring detailed facts.

On behalf of the state government, additional advocate general Bulbul Godiyal also raised the similar preliminary objections regarding the maintainability of the PIL.

She also submitted before the court that an EOW inquiry was being conducted under the direction of the UP Chief Minister.

On behalf of the petitioner, counsel Ashok Pandey submitted that the state government was investigating the matter without lodging an FIR.

He submitted there were allegations that there was something wrong in the matter of the trust so it should be probed after lodging a proper FIR.

Pandey alleged that signatures were forged and the CAG in its report has said that fraud has been done.

The bench directed news channel Aaj Tak to produce entire documents related to the matter and fixed October 30 as the next date of hearing.


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News Network
January 21,2020

Jan 21: Indian policymakers may make it easier for companies to tap foreign funding, as a prolonged cash squeeze makes it tough for firms to borrow at home.

Investors are speculating about potential steps Finance Minister Nirmala Sitharaman could unveil when she presents the nation’s budget on Feb. 1. These measures may include freeing up firms to borrow at higher rates and offering tax breaks to global funds.

“The government will need to relax local rules to make it easier for Indian companies to raise debt overseas and tide over the funding crunch in the onshore market,” said Raj Kothari, London-based head of trading at Jay Capital Ltd. “At the same time, they need to ensure that the borrowers tapping offshore markets abide with stricter corporate governance so as to avoid further defaults.”

A prolonged crisis in India’s shadow bank sector and a pile of bad loans at traditional lenders is making it expensive for Indian companies, other than the best-rated firms, to access funding. The government has tried a series of measures to spur domestic credit, including providing so-called credit enhancement and allowing tiny firms to restructure debt.

Here are some steps Sitharaman may consider to spur foreign borrowing:

• She could raise the cap of 450 basis points above Libor, which limits overall foreign debt costs for Indian companies

• This could help lower-rated firms sell bonds abroad. Indian companies rated BBB currently borrow at more than 10%, about 3.8 percentage points more than their top-rated peers;

• Sitharaman could waive the withholding tax foreign investors need to pay on holdings of rupee-denominated debt sold by Indian companies abroad

• The waiver was offered between September 2018 to March 2019, but wasn’t extended as the highest global interest rates since the financial crisis deterred Indian borrowers. Since then, the three-month Libor has dropped by about 1 percentage point

• She could permit Indian property developers and housing finance lenders to sell overseas bonds for reasons beyond affordable housing projects

• New funding lines to the real estate sector, arguably ground zero of India’s economic slowdown, could help kickstart consumption and investment as the industry is the nation’s biggest job-creator.

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Agencies
February 4,2020

New Delhi, Feb 4: Saying the matter had been adjourned many times and it will have to hear it someday, the Supreme Court on Tuesday fixed April 14 for hearing a plea by Zakia Jafri, wife of slain MP Ehsan Jafri, challenging the SIT's clean chit to then Gujarat chief minister Narendra Modi in the 2002 riots.

A bench comprising Justices A M Khanwilkar and Dinesh Maheshwari posted the matter for hearing in April after Zakia's counsel sought an adjournment and urged the court to post it after the Holi vacation.

When advocate Aparna Bhat, appearing for Zakia, told the court that the issue in the matter is contentious, the bench said, "It has been adjourned so many times, whatever it is, we will have to hear it someday. Take one date and make sure you all are available." Zakia had filed a petition in the apex court in 2018 challenging the Gujarat High Court's October 5, 2017 order rejecting her plea against the decision of the Special Investigation Team.

Ehsan Jafri was among the 68 people killed at Gulberg Society on February 28, 2002, a day after the S-6 Coach of the Sabarmati Express was burnt at Godhra killing 59 people and triggering riots in Gujarat.

On February 8, 2012, the SIT filed a closure report giving a clean chit to Modi and 63 others, including senior government officials, saying there was "no prosecutable evidence" against them.

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Althaf
 - 
Tuesday, 4 Feb 2020

No use.. will Supreme court gives justice??? 

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coastaldigest.com web desk
June 16,2020

New Delhi, Jun 16: Despite Prime Minister Narendra Modi led government’s attempt to downplay the border dispute with China, matters have heated up unprecedentedly along the Line of Actual Control (LAC)- the effective Sino-India border in Eastern Ladakh. 

The country has lost three precious lives – an army officer and two soldiers. The last time blood was spilled on the LAC, before the latest episode, was 45 years ago when the Chinese ambushed an Assam Rifles patrol in Tulung La.

India had lost four soldiers on October 20, 1975 in Tulung La, the last time bullets were fired on the India-China border though both the countries witnessed bitter stand-offs later at Sumdorong Chu valley in 1987, Depsang in 2013, Chumar in 2014 and Doklam in 2017.

Between 1962 and 1975, the biggest clash between India and China took place in Nathu La pass in 1967 when reports suggest that around 80 Indian soldiers were killed and many more Chinese personnel.

While three soldiers, including a Commanding Officer, were killed in the latest episode in Galwan Valley, the government describes it as a "violent clash" and does not mention opening fire.

New Delhi described the locality where the 1975 incident took place as "well within" its territory only to be rebuffed by Beijing as "sheer reversal of black and white and confusion of right and wrong".

The Ministry of External Affairs had then said that the Chinese had crossed the LAC and ambushed the soldiers while Beijing claimed the Indians entered their territory and did not return despite warnings.

The Indian government maintained that the ambush on the Assam Rifles' patrol in 1975 took place "500 metres south of Tulung" on the border between India and Tibet and "therefore in Indian territory". It said Chinese soldiers "penetrating" Indian territory implied a "change in China's position" on the border question but the Chinese denied this and blamed India for the incident.

The US diplomatic cables quoted an Indian military intelligence officer saying that the Chinese had erected stone walls on the Indian side of Tulung La and from these positions fired several hundred rounds at the Indian patrol.

"Four of the Indians had gone into a leading position while two (the ones who escaped) remained behind. The senior military intelligence officer emphasised that the soldiers on the Indian patrol were from the area and had patrolled that same region many times before," the cable said.

One of the US cables showed that former US Secretary of State and National Security Adviser Henry Kissinger sought details of the October 1975 clash "without approaching the host governments on actual location of October 20 incident". He also wanted to know what ground rules were followed regarding the proximity of LAC by border patrols.

A cable sent from the US mission in India on November 4, 1975 appeared to have doubts about the Chinese account saying it was "highly defensive".

"Given the unsettled situation on the sub-continent, particularly in Bangladesh, both Chinese and Indian authorities have authorised stepped up patrols along the disputed border. The clash may well have ensued when two such patrols unexpectedly encountered each other," it said.

Another cable from China on the same day quoted another October 1974 cable, which spoke about Chinese officials being concerned for long that "some hotheaded person on the PRC (People's Republic of China) might provoke an incident that could lead to renewed Sino-Indian hostilities. It went on to say that this clash suggested that "such concerns and apprehensions are not unwarranted".

According to the United States diplomatic cables, Chinese Foreign Ministry on November 3, 1975 disputed the statement of the MEA spokesperson, who said the incident took place inside Indian territory.

The Chinese had said "sheer reversal of black and white and confusion of right and wrong". In its version of the 1975 incident, they said Indian troops crossed the LAC at 1:30 PM at Tulung Pass on the Eastern Sector and "intruded" into their territory when personnel at the Civilian Checkpost at Chuna in Tibet warned them to withdraw.

Ignoring this, they claimed, Indian soldiers made "continual provocation and even opened fire at the Chinese civilian checkpost personnel, posing a grave threat to the life of the latter. The Chinese civilian checkpost personnel were obliged to fire back in self defence."

The Chinese Foreign Ministry spokesperson had also said they told the Indian side that they could collect the bodies "anytime" and on October 28, collected the bodies, weapons and ammunition and "signed a receipt".

The US cables from the then USSR suggested that the official media carried reports from Delhi on the October 1975 incident and they cited only Indian accounts of the incident "ridiculing alleged Chinese claims that the Indians crossed the line and opened fire first".

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