‘Why aren’t personal guarantees of big corporate loan defaulters invoked by PSBs’

Agencies
July 21, 2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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Agencies
May 30,2020

New Delhi, May 30: The Congress on Friday described the first year of the Modi government as a "year of disappointment, disastrous management and diabolical pain".

Congress leader K C Venugopal said the six years of the Modi dispensation have seen fraying of bonds of empathy, fraternity and brotherhood with increase in acts of communal and sectarian violence.

Congress chief spokesperson Randeep Surjewala said that at the end of six years, it appears the Modi government is at war with its people and is inflicting wounds on them, instead of healing them.

"It is inflicting wounds on Mother India," he said.

"This government is trying to fill coffers of the select rich and is inflicting pain on the poor," Surjewala said.

On the BJP's charge of the Congress playing politics over the COVID-19 crisis, Venugopal said the opposition party did not indulge in any politics and gave suggestions instead.

"Being a responsible opposition, it is our duty to raise the problems faced by the common people. As opposition, we highlighted the failures of the government," he said.

Venugopal said the government "is totally insensitive" to the plight of migrant labourers and farmers.

Surjewala also demanded that a virtual session of Parliament be convened immediately to discuss pressing issues and the due process be set in motion for holding of meetings of various parliamentary committees.

Modi and his cabinet had taken oath on this day last year for a second term in office.

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News Network
July 5,2020

Ahmedabad, Jul 5: A woman police sub-inspector (PSI) with Ahmedabad Police was arrested and sent to three-day police remand, on Saturday, for allegedly accepting a bribe of Rs 20 lakh from an Ahmedabad-based businessman — accused in two rape cases — in exchange for not applying a stringent act against him.

According to police officials, Shweta Jadeja, PSI and incharge of Mahila police station (West) in the city, was arrested by a team of Detection of Crime Branch (DCB) officials in Ahmedabad on Friday after the complainant in the case, the rape accused, approached the Crime Branch and stated that Jadeja had allegedly demanded Rs 35 lakh form him, in exchange for not booking him under the Prevention of Anti-Social Activities (PASA) Act.

The PASA Act in Gujarat gives power to the police to detain an accused and send them to a prison away from their native district. The complainant claimed that he already paid Rs 20 lakh of the total amount to Jadeja on February 3.

On Saturday, a sessions court awarded Jadeja a three-day remand with the Crime Branch, which will end at 11:30 am on July 7. Following this, the PSI will undergo a medical check-up and be presented before the magistrate again.

“We had originally demanded a seven-day remand. The accused officer has been sent to three-day remand for further investigation in the case,” said a senior police official in Ahmedabad.

According to police, complainant Kenal Shah — managing director of GSP Crop Science Private Limited, a crop solution-based company in Ahmedabad — is allegedly facing two separate rape cases under IPC section 376.

PSI Jadeja was first entrusted with the investigation of a rape case against Shah in January this year, lodged at Mahila police station (West).

The rape case complaint is of 2019. Another rape case against Shah was being probed by Assistant Commissioner of Police (Crimes Against Women), Mini Josef, wherein the investigation was reportedly completed.

As per the remand application report filed by the police, Jadeja had allegedly threatened Shah through his brother Bhavesh Shah — a joint managing director at GSP Crop Science Private Limited — and initially demanded Rs 25 lakh for not applying the PASA Act against the accused. The bribe amount was then settled at Rs 20 lakh and in February, the accused allegedly paid the amount via an office accountant to one Jayubha, allegedly a representative of Jadeja, from a finance office in Jamjodhpur area of Ahmedabad.

The report further stated that after the initial amount was paid, a third complaint was allegedly made against Kenal by a security officer at his office, Yograjsinh, for criminal intimidation. After the third complaint, PSI Jadeja had contacted Bhavesh again and demanded an additional sum of Rs 15 lakh for not applying the PASA Act against Kenal. The complaint from the security officer was not converted into an FIR and Shah has not been jailed yet.

However, It was after the demand of Rs 15 lakh that complainant Kenal approached the Crime Branch on June 27. An FIR was lodged against Jadeja at Ahmedabad DCB police station under sections seven and twelve of the Prevention of Corruption Act, charging her for “public servant taking gratification other than legal remuneration in respect of an official act”.

“Now that we have received the remand of the accused officer from the court, we will try to trace and recover the alleged Rs 20 lakh amount she received in this case,” said Deepan Bhadran, Deputy Commissioner of Police, Ahmedabad.

Shweta Jadeja is a PSI of the 2016-’17 batch and a resident of Vastrapur in Ahmedabad, while her native place is in Keshod of Junagadh district. The police have not recovered the bribe amount she allegedly accepted as of late Saturday.

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News Network
August 7,2020

New Delhi, Aug 7: The Congress on Thursday demanded the removal of Karnataka minister KS Eshwarappa from the cabinet and his arrest for his statement that grand Krishna and Vishwanath temples would come up in Mathura and Kashi respectively after "liberating" them.

Mr Eshwarappa made the statement while reacting to Prime Minister Narendra Modi laying the foundation of the Ram temple in Ayodhya yesterday.

"By asking kar sevaks (volunteers) to launch a similar campaign, the minister (Eshwarappa) is trying to disturb peace in the society," Congress Karnataka unit chief DK Shivakumar said at a press conference in Ballari today.

"Such people should be arrested immediately, police officials should register a case against him and the Chief Minister should remove him from the cabinet,"he said.

Rural Development and Panchayat Raj minister Eshwarappa had said on Wednesday that he was of the firm opinion that "if not today, tomorrow, Mathura and Kashi temples will be liberated and grand temples would be built there."

"A place of devotion has to be built in both Kashi and Mathura. There too, grand temples have to be constructed. The mosques have to be removed from there," he said.

Mr Eshwarappa, a former BJP state president, said the centres of Hindu belief, Ayodhya, Kashi and Mathura were a kind of a symbol of "slavery" as "temples of our Rama, Krishna and Vishwanath were destroyed and mosques built."

Stating that Mr Eshwarappa is not an individual but a minister who represents the government, Mr Shivakumar on Thursday sought to know from the Chief Minister whether this was his government's stand.

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