2G scam: Morani’s bail plea dismissed

A Special Central Bureau of Investigation (CBI) court here Monday rejected the anticipatory bail plea of Cineyug Films’ founder Karim Morani, named as co-conspirator of 2G spectrum allocation scam, saying his health report was normal.

“In view of the medical condition of the accused being normal and stable, I am satisfied that no case for anticipatory bail on medical grounds is made out. The application is without merit and same is dismissed,” CBI Special Judge O.P. Saini said.

Morani, who was exempted from personal appearance till now, will have to be present in court Tuesday.

Defence counsel Siddharth Luthra argued that Morani, 62, was suffering from various ailments for the last 31 years.

Luthra said Morani had undergone angioplasty in 1991, 1993 and 1997, and had open heart surgery in 2007.

He also said that Morani had received a sixth bypass graft and required reboring of his two major vessels. He had also been advised complete rest due to a chest pain.

“My client company is a big name in the field of music and entertainment. He has done a perfectly legal commercial transaction,” Luthra added.

Rejecting his bail plea, the court said that as per Mumbai’s J.J. Hospital’s report, Morani is stable.

Luthra had submitted the medical report from J.J. Hospital, as was demanded by the court May 10 when he was exempted from personal appearance due to ill-health.

Meanwhile, Lilavati Hospital and Research Centre in Mumbai has also described Morani’s condition as stable, with blood pressure at 120 by 70 mg, which is also normal, added the judge.

“I may also add that in case of need, proper medical facilities are available in Tihar Jail itself and if a prisoner requires any further treatment, he is immediately taken to Ram Manohar Lohia hospital or AIIMS (All India Institute of Medical Sciences),” he said.

“I may add that co-accused Surendra Pipara is already being provided best of medical facilities at AIIMS,” the judge said.

The CBI’s first chargesheet April 2 had named, besides former communication minister A. Raja, former telecom secretary Siddharth Behura, Swan Telecom promoter Shahid Balwa, Raja’s aide R.K. Chandolia, Swan Telecom’s Vinod Goenka, Unitech’s Sanjay Chandra and three executives of the Anil Dhirubhai Ambani Group – Gautam Doshi, Hari Nair and Surendra Pipara.

In its April 25 supplementary chargesheet, the CBI named DMK chief M. Karunanidhi’s daughter Kanimozhi and Kalaignar TV managing director Sharad Kumar as co-conspirators after it traced an illegal money trail of Rs.214 crore in the scam.

The supplementary chargesheet also named Karim Morani as well as Asif Balwa and Rajiv B. Aggarwal of Kusegaon Realty.

The probe agency claims it has unearthed an illegal money trail that moved from Dynamix to Kusegaon and then on to Cineyug, all part of the DB Group, that promoted Swan Telecom, ending with Kalaignar TV, majority owned by Karunanidhi’s family.

Except for Morani and Pipara, who is in judicial custody at AIIMS here, all those named in the CBI chargesheets are lodged in Tihar Jail.

No bail for Kanimozhi, Sharad Kumar

DMK MP Kanimozhi and Kalaignar TV Managing Director Sharad Kumar were Friday headed to jail after a special Central Bureau of Investigation court rejected their bail pleas.

The two were named co-conspirators in the 2G spectrum scam

Mahesh Bhupathi’s plea on tax relief dismissed

The Supreme Court on Monday dismissed a petition by Indian tennis ace Mahesh Bhupathi seeking tax relief on Rs.28,50,000 which he said his father spent on his training from 1989-90 to 1993-94.

Mahesh said that, as per the memorandum of understanding between him and his father C.G.K. Bhupathi, he has to pay annual installments of Rs.285,000 to return the money.

Plea questioning reliability of voting machines dismissed

The Gujarat High Court Tuesday dismissed a public interest litigation (PIL) challenging the reliability of electronic voting machines (EVMs).

A bench of Chief Justice S.J. Mukhopadhaya and Justice Anant Dave dismissed the petition as it was not filed as per the new rules for filing PILs.

Petitioner Girish Das, an advocate, told the court that the petition should not be dismissed on technical grounds as it was in public interest.

However, dismissing the petition, the chief justice said citizens cannot abuse the process of law.

Das sought the court’s directions to the Election Commission to equip the EVMs with a camera and a clock so as to ascertain and establish as to who voted at what time.

Das also sought video recording of all polling booths to preserve it for ensuring transparent and clean elections.

He said in the petition that it would also help as evidence in a court of law if the allegations of irregularities in voting.

Plea on right to property dismissed

The Supreme Court Monday dismissed a petition seeking restoration of right to own property as a fundamental right.

An apex court bench of Chief Justice S.H. Kapadia, Justice K.S. Radhakrishnan and Justice Swatanter Kumar said that such a right was inconsistent with the principle of socialism enshrined in the preamble of constitution.

Chief Justice Kapadia, while dismissing the public interest litigation (PIL), observed that if one were to accept this position then many of the judgments of the apex court would get quashed.

The court was hearing the PIL filed by Sanjiv Kumar Agarwal. He was represented by counsel Gopal Shanker.

The right to own property as a fundamental right was taken away in 1978 by an amendment to constitution. The petitioner sought the reversal of said amendment.

Natwar Singh’s plea dismissed in oil-for-food scam

The petition filed by former Union Minister, Natwar Singh and his son regarding Iraq’s oil-for-food scam, has been rejected by the Supreme Court on Tuesday, Oct 5.

Buzz up!when Delhi High Court dismissed their plea, Singh again appealed before the Supreme Court by seeking documents of Volcker and R S Pathak Committees which had investigated their alleged role in the scam.

However, the Supreme Court terminated their petition by claiming that seeking documents were the tactics of delaying the scam case from the part of the prime accused.

The court also ordered for the proceedings of the trials before the Enforcement Directorate (ED) and said that no adjournments should be given on unreasonable grounds.

Rathore’s appeal dismissed in Ruchika molestation case

The Punjab and Haryana High Court Wednesday dismissed an appeal filed by disgraced former Haryana police chief S.P.S. Rathore against his conviction and sentence of 18 months’ jail by a court here in the 1990 Ruchika Girhotra molestation case.

Justice Jitender Chauhan, in a stinging remark, said that Rathore’s conduct was ‘shameful’ and he did not deserve any leniency.

The court also observed that ‘Rathore should have acted as a protector and not as a predator’.

Ironically, Rathore’s appeal against his conviction, by the district and sessions court here, was dismissed on a day when he completed 100 days in Chandigarh’s high-security Burail jail.

The high court also dismissed his plea seeking his release on probation from the prison.

Rathore, 68, was sentenced to 18 months’ rigorous imprisonment by the district and sessions court of Chandigarh May 25 and he had filed a revision petition challenging the sentence.

Rathore, a former director general of police (DGP) in Haryana, filed a plea January this year challenging his conviction December last year by a Central Bureau of Investigation (CBI) special court here for molesting 15-year-old Ruchika Aug 12, 1990 in Panchkula town, 15 km from here.

Ruchika, a budding tennis player, committed suicide three years after she and her family were subjected to harassment by the Haryana police at the behest of Rathore, a powerful police officer in the state.

Ruchika’s lawyer Pankaj Bhardwaj told reporters after Wednesday’s high court order: ‘The high court has dismissed Rathore’s petition for revision of his conviction.’

‘His plea for release on probation has also been dismissed. The sentence (given by the sessions court) has been upheld. The court has refused to grant any relief to him,’ he said.

Anand Prakash, father of Ruchika’s friend and witness Aradhana, who fought the case against Rathore for the last two decades, said he was satisfied with the high court’s dismissal of Rathore’s appeal.

‘This decision proves that the law is supreme. This shows that no one is above the law in this country. The court said that the evidence given by Aradhana was perfect and there was no flaw in it,’ he said.

Petition for cancellation of 2G spectrum allotments dismissed

Delhi High Court Wednesday dismissed a petition filed by Janata Party leader Subramanian Swamy seeking cancellation of 2G spectrum licences granted to 122 companies on first-come first-served basis.

A division bench of Justices Deepak Misra and Manmohan also dismissed his plea seeking direction to the Prime Ministers’ Office to grant permission to initiate criminal proceedings against Telecom Minister A. Raja and other officials on the irregularities carried out in the allocation of the spectrum.

Appearing on behalf of the government, Solicitor General Gopal Subramanium submitted that the Central Bureau of Investigation (CBI) has already registered a case in the matter and investigation was on.

He said the petitioner cannot be granted sanction to prosecute officials involved in the case even before the completion of the investigation by the CBI.

However, the bench said the petitioner was free to file evidences in the matter before the CBI.

Kerala’s plea against roadside meetings ban dismissed

The Kerala High Court on Friday dismissed the review petition of the state government against the ban on holding roadside public meetings. Home Minister Kodiyeri Balakrishnan said the government would appeal to higher courts.

A division bench of Justice C N Ramachandran Nair and Justice P S Gopinathan said they saw no reason why the court should reconsider its on the ban because meetings held on the roadside would prevent the free movement of people on the roads.

A bench of Justice Nair June 23 had directed police, civic bodies, local self-governments and revenue departments to refuse permission for roadside meetings, saying it issued the order to ensure free flow of traffic on public roads and also for the safety of the public.

Addressing reporters here shortly after the judgment came, Balakrishnan said the division bench’s dismissal of the review petition was expected.

‘See, the same bench as the one which banned the holding of meetings on roadsides looked into the review petition. So it is quite natural that this would be the outcome. We will now go to courts above that with an appeal,’ he said.

Justice Nair last month slammed the Kerala government for filing a petition seeking his replacement from the bench hearing the review petition.