Oommen Chandy, KC Venugopal booked for alleged sexual abuse

New Delhi, Jan 19: Reacting to a tweet by ace lawyer Indira Jaising urging her to forgive the four men on death row for brutally raping that finally took her life, Nirbhaya's mother said on Saturday: "Even if God asks me, I won't forgive them."

Speaking to news agency, over the phone, the mother who had been fighting for seven long years to send her daughter's killers to the gallows, said, "...even if god comes and asks me to forgive them, I will not. People like these (Jaising) are a blot on the society."

Commenting on Jaising's tweet, she said: "Who is she to tell or suggest to me to forgive them. What relation does she have with me. I have nothing to do with such people. She can be a relative of those (the convicts) that she is having a soft corner for."

"She is an insult to women. She is running a business in the name of human rights. She is a veteran, she should give a message to the society. But she instead will go against her own kind," she added.

Earlier in the day, Jaising had requested Nirbhaya's mother to follow the example of Congress president Sonia Gandhi, who had moved for the clemency of a woman, Nalini Murugan convicted for the assassination of her husband and former Prime Minister Rajiv Gandhi.

"While I fully identify with the pain of Nirbhaya's mother I urge her to follow the example of Sonia Gandhi who forgave Nalini and said she didn't want the death penalty for her. We are with you but against death penalty," Jaising tweeted on Friday.

A Delhi Court on Friday issued fresh death warrants against the four convicts -- Akshay, Pawan, Mukesh and Vinay in the Nirbhaya gang rape and murder case.

Additional Sessions Judge (ASJ) Satish Kumar Arora fixed 1 February as the date of execution of the four death row convicts. They will be hanged at 6am.

The move came after the prosecution moved an application seeking issuance of fresh death warrants following the rejection of the mercy plea of one of the convicts Mukesh by President Ram Nath Kovind.

The 23-year-old victim was brutally gang-raped and tortured on December 16, 2012, which later led to her death.

All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

Mar 16: An investigation into Coffee Day Enterprises Ltd., initiated by its board after the death of founder V.G. Siddhartha, is likely to conclude that at least Rs 2,000 crore is missing from its accounts, according to people familiar with the matter.

The months-long probe following the suicide of Siddhartha in July examined the financial transactions of India’s largest coffee chain and its dealings with dozens of private companies owned by the entrepreneur. The draft report, running more than a hundred pages, points to thousands of rupees that have gone missing, said the people, asking not to be named because the details aren’t public. It also details hundreds of transactions between the founder’s listed and personal businesses that were not conducted at arm’s length, they said.

Though the report is in its final stages, the precise details could change before its release, expected as early as this week, the people said. The missing funds could total more than Rs 2500 crore, one person said.

“The investigation report is still a work in progress, and not finalized,” a spokesman for the company said. “The board of directors and the company are unaware of its content at this point of time. Hence it would be premature to speculate on the investigation findings.”

The priority for management and Siddhartha’s family “is to keep the business running in a challenging environment and meet all stakeholder commitments, including 30,000 jobs associated with the group,” the spokesman added.

The disappearance of the 59-year-old founder last year stunned India’s business community. He had last been seen telling his driver he was going for an evening walk along a bridge in southern India; his body was found by local fishermen two days later. A letter delivered to Coffee Day’s board and employees, which appeared to be signed by Siddhartha, described massive debts and complained of pressure from lenders and tax authorities. It claimed he bore sole responsibility for the company’s financial transactions.

The probe began about a month later when the company brought in Ashok Kumar Malhotra, a retired senior official from India’s federal enforcement agency, to investigate. A senior lawyer practicing in India’s top court is assisting, the company said in a regulatory filing at the time.

The publicly traded Coffee Day was supposed to be India’s answer to Starbucks Corp. More than 1,500 of its Café Coffee Day outlets blanketed cities and highways, with affordable options for the country’s aspiring middle classes. The chain’s tagline: “A lot can happen over coffee.”

But the empire has been battered since the founder’s death. Its shares plummeted about 90% and its market value dropped to about $80 million. Trading was suspended in February.

India’s regulators are tracking the situation and may use the company’s final report as part of a deeper dive into its internal affairs, the people said. Coffee Day showed about Rs 2400 crore in cash and cash equivalents on its balance sheet as of March 2019, the most recent figures the company has issued.

After the death of Siddhartha however, the company faced a severe liquidity crunch and had “zero cash in the bank,” according to one of the people. It struggled with day-to-day expenses and paying salaries has been a strain, the person said.

The draft report details personal guarantees by Siddhartha for loans taken by Coffee Day, and his unsecured loans at high interest rates from local money lenders, the people said. It also probes Coffee Day’s defaults to coffee growers and other vendors, they said.

A related issue is that coffee estates owned by Siddhartha and several employees had been used as collateral for bank loans. The report found that valuations for properties were inflated to get the loans, one person said.

Investigators have examined several theories about what happened to the company’s money, including whether Coffee Day was manipulating its finances to show cash and profit and whether Siddhartha was taking cash out of the listed company to pay off a large investor to whom he had guaranteed a return, the person said. From the filings of his listed and private companies, the entrepreneur’s loans had totaled more than Rs 10,000 crore, and he had been squeezed by borrowing to repay interest on earlier loans, the person said.

In the letter purportedly from Siddhartha, the entrepreneur said he had tried his best but failed as an entrepreneur. “I am solely responsible for all mistakes,” the letter read. “Every financial transaction is my responsibility. My team, auditors and senior management are totally unaware of all my transactions. The law should hold me and only me accountable, as I have withheld this information from everybody including my family.”

As the report nears release, Coffee Day is finalizing a deal with Blackstone Group Inc. for real estate assets. A large tranche of the payment is due in about a week, one person said.

Coffee Day said it is working to reduce its debt load by divesting non-core enterprises.

“The aim is to save employment and preserve this iconic Indian brand,” the spokesman said.