Enforcement Directorate Files Second Charge Sheet Against Lalu’s Eldest Daughter

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The ED has filed a second charge sheet against RJD chief Lalu Prasad Yadav's daughter Misa Bharti and her husband in a money laundering case before a Delhi court, which today kept both charge sheets for consideration on Feb.5.

Irked over the repeated filing of charge sheets by the Enforcement Directorate in connection with its money laundering probe against Bharti and her husband Shailesh Kumar, Special Judge N K Malhotra berated the agency for not letting the trial begin.

“Will you let the trial begin or keep filing complaints? How many supplementary charge sheets will you file? You are a premier investigating agency. You cannot behave like this. It is an ill-drafted complaint,” the judge said.

The court, which could not take cognisance of the charge sheet filed on Dec. 23, 2017 against Bharti and Kumar, posted the matter for Feb. 5 for considering both the charge sheets after ED special counsel Atul Tripathi sought time to make further submissions in the matter.

Advocate Vijay Aggarwal, representing chartered accountant Rajesh Agrawal, who was also arrested by the ED in connection with the case, sought adjournment citing pendency of bail plea of brothers Surendra Kumar Jain and Virendra Jain, who have been accused of laundering crores of rupees using shell companies.

Also Read: ED Files Charge Sheet Against Lalu‘s Daughter Misa Bharti

Rajesh Agrawal was arrested by the ED following allegations that he mediated and provided Rs 90 lakh in cash to the Jain brothers in advance to invest in Bharti's firm Ms Mishail Packers and Printers Pvt Ltd "as share premium".

The probe agency had earlier attached a Delhi farmhouse in connection with its probe against Bharti and her husband. The farmhouse, located at 26, Palam Farms in south Delhi's Bijwasan area was attached provisionally under the Prevention of Money Laundering Act (PMLA).

It belongs to Bharti and Kumar and is "held in the name of Ms Mishail Packers and Printers Private Limited", the central probe agency had said. "It was purchased using Rs 1.2 crore involved in money laundering in the year 2008-09," it had alleged.

The agency had in July last year raided several locations, including the farmhouse, as part of its probe against the Jain brothers and others. The Jain brothers were arrested by the ED under the PMLA.

One of the firms that the arrested duo were linked with was Ms Mishail Printers and Packers Private Limited. The ED had alleged that Bharti and her husband had served as directors of this firm in the past.

"The company, Ms Mishail Packers and Printers, was registered at the address 25, Tuglak Road, New Delhi till the shares were bought by Bharti. It was only during the year 2009-10 that the address was changed to farm no 26 Palam Farms, VPO Bijwasan, New Delhi. Bharti and Kumar were the directors of the company during the relevant period," the probe agency had said.

The couple were also interrogated and their statements were recorded by the agency in this probe case.

The agency said the Jain brothers, CA Agrawal and the daughter and the son-in-law of the former Bihar chief minister were the "key persons behind the money laundering of Rs 1.2 crore".

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Former Rajasthan Chief Minister Ashok Gehlot has written a stinging letter to Prime Minister Narendra Modi asking him not to 're-lay' the foundation stone of Barmer refinery.

PM Modi is scheduled to visit Rajasthan's Barmer district on January 16 to inaugurate the project.

In his letter, Gehlot also stated that the foundation stone of the refinery was laid by former Congress President Sonia Gandhi in September 2013.

Here's a verbatim of the letter:

"This is to remind you about my earlier letter No. PS/Ex-CM/2017 dated 12 August 2017 (copy enclosed), in which I had brought to your notice the facts about the 9 MMT capacity refinery with Petrochemical complex at Pachpadra in the Barmer district of Rajasthan.

It was launched by the UPA government in the Centre and the Congress government in Rajasthan in the year 2013. It has been reported in the newspapers that you are going to re-lay the foundation stone of on 16 January 2018, whereas it had already been laid by the former UPA chairperson Smt Gandhi on 22 September 2013."

Gehlot, in his letter, has claimed that due to obstacles created by the current Chief Minister of Rajasthan, Vasundhara Raje, the project has not made any progress.

"One could appreciate inviting you on completion of the project. But unfortunately due to obstacles created by the present Chief Minister the project did not move an inch," the letter states.

Gehlot also claimed that it seems the Rajasthan government did not apprise him deliberately of the facts to land him in an embarrassing situation.

"You are aware that holy mantras are chanted and pooja is performed at the time of foundation stone laying ceremony and inauguration. To chant the same mantras and perform the same pooja all over again for the very same project is against the religious sanctity. Moreover, the public does not view it in a positive manner. Re-laying of foundation stone is, indeed, not a healthy tradition in a democratic setup where governments keep changing."

"It seems to me that the state government has deliberately not apprised you to these facts to create an embarrassing situation for the PM. Hope you will re-think about your decision to re-lay the foundation," the letter concludes.

After Congress complaint, scrutiny of AAP Rajya Sabha candidate ND Gupta's nomination put on hold till Monday

New Delhi: The scrutiny of nomination of AAP Rajya Sabha candidate ND Gupta was put on hold till Monday by the Returning Officer over Congress allegations concerning his holding office of profit.

The nomination of Aam Aadmi Party's (AAP) two other candidates – Sanjay Singh and Sushil Gupta – for the biennial elections to the Rajya Sabha were approved, party leaders said.

The scrutiny of nomination of ND Gupta was deferred following Congress complaint with the Returning Officer Nidhi Srivastava – its second complaint of the day – saying that Gupta had not resigned as chairman of the Audit Committee of the National Pension Scheme Trust.

File image of Congress leader Ajay Maken. News18

Delhi Congress Chief Ajay Maken said Gupta's nomination paper has not been cleared on Saturday. He said the Congress was called for hearing on party's complaint on Saturday evening.

"I think he (Gupta) has been issued a fresh notice. We have been asked to submit our written submissions by Sunday afternoon. There could be discussion on Monday morning. Our main complaint is that it comes in the domain of office of profit as he is chairman of the audit committee (of NPS). As chairman of audit committee, there is no protection (under office of profit)," he said.

AAP took strong exception to the scrutiny of party nominee being deferred till Monday, saying it was unprecedented.

"The law prescribes only the candidates or its election agents to raise objections at the stage of scrutiny of nominations. However here, Maken's objections are not only considered but were invited at the time of scrutiny. This is unprecedented in the history of election nominations," party leader Saurabh Bhardwaj said.

"Further, due to lack of knowledge or under pressure, the Returning Officer invited Maken to lead evidence before the Returning Officer. This is evidence hunting and is defying all laid down principles," he added.

Bhardwaj said the law is very clear about who can file objections at time of nomination. "Now, if one lakh people file objections, will the Returning Officers give individual hearing to all such people. Will one lakh people lead evidence and arguments. Will this become an unending civil suit?

"Instead of deciding the nomination, the Returning Officer has reserved the order making it further susceptible to external influence," he said.

Maken said Gupta has attended meetings of audit committee of NPS.

In a letter to the Returning Officer, he noted that Narayan Dass Gupta is also the chairman of Audit Committee of National Pension Scheme Trust and he has been appointed as a chairman from 8 September, 2015 and it is "pertinent to mention that Gupta has not resigned from the Chairmanship of Audit Committee of NPS Trust till date".

The Congress had earlier alleged that Gupta had been appointed as trustee of the NPS on 30 March, 2015. Following the complaint, the Returning Officer had written a letter to Gupta. In his detailed reply, Gupta referred to various exemptions under the office of profit and also said that he had resigned from the trust on 29 December, 2017.

AAP leader Raghav Chadha also defended Gupta, saying that he had resigned from the post of Trustee of the NPS and the Congress was only raising frivolous objections to gain cheap publicity.

Maken also said that it was also contented that ND Gupta has not mentioned about the legal requirement of 30 days notice for resigning as trustee in a reply submitted before the Returning Officer.

"It was also submitted before the Returning Officer that ND Gupta has not given any proof to the effect that his resignation was accepted by the NPS Trust," he added.

Three Rajya Sabha vacancies had arisen in Delhi due to end of tenure of Congress members later this month.

AAP is set to win the three seats due to its vast majority in the Delhi Assembly. The last date of withdrawal of candidature is 8 January.

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Bombay HC to Government- Why can’t people get their own food in the movie halls?

A PIL was filed before Bombay High Court challenging why moviegoers are forced to buy food from the movie halls and not allowed to get their own food. It claimed that there is no legal provision prohibiting a person from carrying food or even water in the movie halls.

The limitation on bringing outside food to movie halls particularly affects senior citizens and those who cannot eat junk food because of medical reasons.

The main reason behind the PIL is to bring in a mandatory clause directing them against banning any outside food or water in the movie halls.
The Bombay HC directed the Maharashtra government to file a reply to the PIL challenging the prohibition on carrying outside food into movie theatres and multiplexes across the state.

The Court did not feel the need to frisk people for the food items they brought in the cinema halls and are thus, forced to purchase food from the halls. The Court also wanted to know if this practice is according to law and in consonance with it.

The lawyer also stated in the Court that the Maharashtra Cinemas (Regulation) Rules prohibit hawking and selling food inside theatres and auditoriums. However, this rule is openly broken by cinema halls with multiple stalls selling food and beverages. Apart from this, the new more expensive theatres have buttons right on the seats of customers that let them call a waiter to order food, and have it delivered to their seats.

The HC bench also remarked that the primary concern of the security staff at movie halls should be to frisk the viewers for any unauthorized or dangerous possessions for which they have metal detectors. The security staff must ensure the safety of the people and not refuse them to carry food and water.

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CBI court sentenced Lalu Prasad to 3.5 years in jail and fine of Rs. 5 lakh in the fodder scam case

The CBI court judge, Shiv Pal Singh on Saturday, sentenced RJD chief Lalu Prasad to imprisonment for a period of 3.5 years and imposed a fine of Rs. 5 lakh in the 1996 fodder scam case. Further,  the court said if he fails to pay the fine his imprisonment shall extend for a further period of six months. The other convicts- Phool Chand, Mahesh Prasad, Bake Julius, Sunil Kumar, Sushil Kumar, Sudhir Kumar and Raja Ram are also awarded jail term of 3.5 years and a fine of Rs. 5 lakh.

The CBI court on December 23 convicted Lalu Prasad and 16 other accused in the fodder scam case. However, the court had reserved its decision on the quantum of punishment for a further date. Lalu Prasad appeared before the special CBI court through video conferencing facility from Birsa Munda Central Jail where he has been lodged since his conviction.

The fodder scam case is a series of cases where the state funds meant for buying fodder were allegedly misappropriated by the government officials and politicians of Bihar. It involved a set of 64 cases, of which 53 were litigated in Ranchi. It all began in 1985 when the then Comptroller and Auditor General T.N. Chaturvedi was charged with small-scale embezzlement of funds from the Bihar Treasury and various department. Ten years later, the small-scale embezzlements added up to Rs. 900 crore. 

The present case is the second out of the total six fodder scam cases registered against Lalu Prasad. He was earlier found guilty in September 2013 in another fodder case and was sentenced to imprisonment for a term of five years and a fine of 25 lakhs for the fraudulent withdrawal of Rs. 37.5 crore from the Chaibasa treasury. He was also disqualified from Parliament and banned from contesting elections. He was later given bail by the Supreme Court in December that year. 

On Wednesday the court issued contempt notices to senior RJD leaders Raghuvansh Prasad, Shivanand Tiwari, leader of opposition Tejaswi Yadav and Congress spokesperson Manish Tiwari for criticising the court verdict in the media on December 23. The judge also said that he had received phone calls from the well-wishers of RJD chief.  Lalu Prasad had also moved a petition in the court seeking leniency in the punishment to be awarded to him, owing to his illness and old age.

 

Delhi Court declares Vijay Mallya as a Proclaimed Offender

The Delhi Trial Court after issuing repeated summons declared infamous liquor baron Vijay Mallya a proclaimed offender.
 
The summons was in relation to the money laundering case against Mallya in connection with the alleged payment of $ 200,000/- to a British firm for exhibiting the Kingfisher logo during the Formula One World Championships in London and some other European countries in 1996, 97 & 98. The money paid by Mallya was allegedly paid without informing and without prior approval of the RBI which violated the Foreign Exchange Regulation Act and Rules.
 
The Court had earlier issued an open-ended non-bailable warrant against Mallya. An open-ended non-bailable warrant does not need a time limit for execution. Even while issuing the warrants against him, the Court had observed that he had no interest to appear to the Court and had no regard for the law in India. Therefore, such an action was felt necessary since he had been avoiding several Court proceedings.
 
Earlier, Mallya had blamed the authorities for his non-appearance and incapacity to travel to India since his passport had been revoked. However, the Court had stated the reason to be malafide and that he had abused the process of law.

UCO bank slapped a fine of Rs. 50 lakh for negligently clearing cheques bearing forged signatures

A Supreme court bench comprising of Justice Adarsh K Goel and U U Lalit has ordered the UCO bank to pay Rs. 50 lakh to a publishing firm for negligently clearing two cheques bearing ‘forged signatures’. 
 
In March 2009, the frim- Tax publishers suffered a loss of Rs. 31 lakhs, when one of its employees stole two cheques, forged the signatures on those cheques and subsequently withdrew money from the UCO bank. 

The Supreme court held that although it was the firm’s responsibility to keep the cheques in safe custody this does not mean that a public sector bank can wriggle out of its liability. The court has passed the order based on the reports of the departmental inquiry and handwriting expert, which proved that the fraud took place due to the negligence of the bank officials. 

The matter was earlier brought before the National Consumer Commission that passed the order in favor of the firm and further referred the matter to the State Consumer Forum for determining the quantum of compensation payable to the firm. Aggrieved by the decision of the National Consumer Forum, the UCO bank made an appeal to the Supreme court. 

The apex court, while keeping into consideration the irresponsibility on the part of the firm in keeping the cheques safely, ordered that the bank is not liable to pay the entire amount of Rs. 1.5 crore as claimed by the firm. But, in order to give a quietus to the dispute that has been under trial for more than 9 years now, the court decided that a settlement should arrive at the end of this legal battle.

The Court further ordered that the claim of the respondent (publisher) shall be satisfied by paying a total amount of Rs 50 lakh by the petitioners (Bank) to the credit account of the respondent within one month from passing the order. The bench, at the same time, clarified that the Bank shall be entitled to take any recourse available under the law to recover the amount from the person who wrongfully withdrew the amount.

Kozhikode's Nature Life Hospital fined Rs 4 lakh for the negligence of doctors resulting in patient's death

The Khozikode’s Consumer Dispute Redressal Forum slapped a fine of Rs 4 lakh on Dr. Jacob Vadakkanchery and Joshi Varghese, of the Nature Life Hospital. The doctors were fined on the ground of negligence in the treatment of a patient resulting in his death 12 years ago. The fine was slapped based on a petition that was filed by Vinayanandan’s family on March 7, 2007

In 2005, Vinaynandan, a lawyer based in Kozhikode died while being treated at Nature Life Hospital at Ernakulam. The deceased was suffering from diabetics and peptic ulcers from few years and recently he was affected by the kidney stone. Mr. Thilakanandan, the petitioner, with whom the deceased used to live, told the court that in 2005, he had taken Vinayanandan to Dr. Jacob for his treatment. However, as Dr, Jacob was not present in the hospital that day, Dr. Joshi Varghese carried out his treatment. The reports of the ECG test of the deceased was not shown to anyone in the hospital.

The petitioner further contended that the doctor had sent him back stating that the deceased is under complete supervision of the hospital and he is not required anymore. And within five days of receiving treatment, the deceased started suffering fatigue, breathlessness and subsequently died. 

The Respondents had, on the other hand, claimed that the deceased had neither disclosed his heart ailment in the admission form nor shared his ECG. The Forum, however, noted that the two owners of the hospital admitted to not understanding ECG.

The forum stated that though the main reason of the death was not because of the treatment of the doctors, it can be seen that there was a gross negligence on their part in giving care and attention to the patient. The forum also added that every doctor must know the fundamentals of the medical science. 

The Respondents were, therefore, directed to pay Rs. 4 lakhs, jointly and severely, to the dependents of the deceased. Out of the proceeds, Rs. 2 lakhs was directed to be paid to the daughter of the deceased and Rs. 1 lakh each to his mother and wife.