Justice Ajit Bharihoke Retires

The Delhi High Court Friday bade farewell to Justice Ajit Bharihoke who rejected the bail application to all the accused except former communications minister A. Raja in the 2G spectrum allocation scam.

 Acting Chief Justice A.K. Sikri said on the occasion: “In less than one month it is the third time that we have assembled here to bid farewell to yet another colleague of ours on the bench.”

 “This time it is Justice Bharihoke, a dignified and outstanding judge of this court,” said Justice Sikri.

 Earlier, this month Chief Justice Dipak Misra was elevated to the Supreme Court,

 After the special court dismissed the bail application of DMK MP Kanimozhi and other named in the 2G scam, they approached the high court.

 Being seniormost to hear criminal cases, all the 2G accused’s bail application were listed before Justice Bharihoke, who after hearing arguments dismissed the bail saying the accused may influence witnesses as investigation is at initial stage.

 Most of the high profile cases were listed before Justice Bharihoke like the hearing of Rajya Sabha MP Amar Singh’s bail plea in the 2008 cash-for-vote scam.

 Former Haryana chief minister Om Prakash Chautala`s plea was also pending before him.

 The judicial journey started for Justice Bharihoke almost 37 years ago with his appointment to the Delhi Judicial Service on Dec 7, 1974.

 Justice Sikri further said that though Justice Bharihoke had spent only two years and five months in the Delhi High Court, he would be leaving the indelible mark of his impeccable character, as a crusader of justice and a hardworking judge.

 During his tenure as a special judge Central Bureau of Investigation (CBI), he delt with several high profile cases, high profile cases, including one involving former prime minister P.V. Narasimha Rao and other political leaders.

 “Some cases Justice Bharihoke dealt with are the Jharkhand Mukti Morcha, St. Kitts, Lakhubhai Pathak, Urea Scam and Bofors Gun Scam,” said acting Chief Justice.

Kanimozhi, Sharad Kumar’s bail plea rejected

Citing prima facie evidence, the Delhi High Court Wednesday rejected the bail pleas of DMK MP Kanimozhi and Kalaignar TV managing director Sharad Kumar, who are in jail in connection with the 2G spectrum scam.

The single judge bench of Justice Ajit Bharihoke said: “The petitioners are involved in corruption and gratification of Rs.200 crore to their Kalaignar TV. Therefore their bail is dismissed.”

The court added: “There is sufficient prima facie evidence on record, therefore they can’t be granted bail.”

Kanimozhi’s mother Rajathi Ammal and DMK MP T.R. Baalu were present in court. When the judge pronounced the order, Rajathi Ammal’s eyes turned teary.

Kanimozhi, daughter of DMK chief M. Karunanidhi, and Kumar have been in the Tihar Jail since May 20 when a special Central Bureau of Investigation court dismissed their bail pleas.

Kanimozhi, Sharad Kumar’s bail order reserved

The Delhi High Court Monday reserved its order on the bail plea by DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar in the 2G spectrum case.

Justice Ajit Bharihoke reserved the order. Both Kanimozhi and Sharad Kumar are in jail for their alleged role in the 2G spectrum scam.

 

 

2G scam: Five corporate honchos’ bail verdict Monday

The Delhi High Court will, on Monday, pronounce its verdict on the bail plea of five senior corporate executives accused in the second generation (2G) spectrum case.

The five accused are Vinod Goenka of Swan Telecom, Sanjay Chandra of Unitech and three officials of the Anil Dhirubhai Ambani Group — Gautam Doshi, Hari Nair and Surendra Pipara. Except Pipara, who is in hospital, all the others are in Delhi’s Tihar jail .

Justice Ajit Bharihoke will deliver his judgment post lunch Monday. He had reserved their bail pleas May 9, after hearing the arguments of the accused and the Central Bureau of Investigation (CBI).

The 2G scam relates to alleged irregularities in the allocation of 2G spectrum to telecom companies that caused huge losses to the national exchequer.

“Charges against Doshi in the second generation telecom spectrum case are baseless and denial of bail goes against his personal liberty,” his counsel Soli Sorabjee, former attorney general and solicitor general of India, told the court.

Chandra was defended by senior lawyers Ram Jethmalani and K.T.S. Tulsi.

Mukul Rohtagi argued for Goenka, Nair was represented by Rajiv Nayar and Pipara’s bail plea was argued by Neeraj Kishan Kaul.

During the course of arguments, Special Public Prosecutor U.U. Lalit said: “The corporates and the accused were direct beneficiaries of the entire spectrum deal and they were involved in a conspiracy along with (former communications minister) A. Raja to obtain benefit from the grant of spectrum licences”.

He said the corporates were part of a conspiracy where huge amount of money was involved and they had also forged some documents to obtain spectrum licences.

The case reached the high court April 20, after a trial court rejected their bail applications, terming their pleas as “meritless” in the face of “serious allegations” and “incriminating evidence” in a chargesheet filed by the CBI.

The accused had then filed pleas for interim bail for one week so that they could move the high court against the trial court order, but that plea was also rejected.

The five corporate executives, named in the CBI chargesheet, were not arrested during the probe. But they were taken into custody April 20 after the trial court rejected their bail pleas.

Earlier, opposing their bail pleas, the CBI said some of the key witnesses belonging to the corporate world worked directly under the five accused and the possibility of their influencing the witnesses could not be ruled out.The first chargesheet April 2 had named, besides Raja, former telecom secretary Siddharth Behura , Swan Telecom promoter Shahid Usman Balwa, Raja’s aide R.K. Chandolia, Goenka, Chandra, Doshi, Nair and 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.Both were arrested May 20 and sent to Tihar jail.

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

Pipara was admitted to the All India Institute of Medical Sciences ( AIIMS )) May 4 after he fainted in the courtroom. Except him and Morani, who has been granted exemption from personal appearance in court due to ill-health, all those chargesheeted by the CBI are lodged in the Tihar Jail.CBI prosecutor A.K. Singh said the third supplementary chargesheet will be filed in the first week of July.

Court slams ‘shameless’ cop for misbehaving with woman

He approached the Delhi high court for quashing of an FIR against him for allegedly misbehaving with a woman. Instead, the court slammed Delhi Police constable Bharat Rattan for his “shameless” act of “misusing” his uniform.

Justice Ajit Bharihoke, in his ruling, Friday said: “You (Bharat Rattan) have done a mistake for which you will have to face trial. Therefore, I will not quash the FIR.”

The court said: “Petition will be dismissed or else you withdraw it.”

“How can you misuse your official position? You have got this uniform to help the citizens in need, instead of that you are trying to enjoy the power,” said the court.

“You have misused the state police uniform to assault a women, which is really very shameless,” said Justice Bharihoke, adding that he had also involved one of his friends in the misdeed.

Accordingly, the petitioner withdrew his plea to quash the FIR against them.

The court was hearing a petition filed by Delhi Police constable Bharat Rattan, posted at Model Town police station. Rattan had pleaded for quashing an FIR under section 354 IPC (criminal force to any woman) lodged against him by a woman, with whom Rattan and his friend (Kapil Sharma) misbehaved while she was returning home at around 9.45 pm in Kingsway Camp in north Delhi area last year.

“The two persons stopped her and misbehaved with her, one was in police uniform and other was in civil uniform. However, when she resisted, the duo fled in their car in north Delhi area,” said the woman in her complaint.

The woman is an employee of Bank of Maharashtra.

The two were arrested on March 15, 2010 on the complaint, but were released on bail.

Meanwhile, Rattan was dismissed from service when a chargesheet was filed against him but was reinstated on Aug 23, 2010.

Meanwhile, the woman felt sympathy for the man as he was young and had a family to look after, therefore she agreed to a compromise and to quash the FIR.

Accordingly, Rattan and his friend approached Delhi High Court on March 14. But the court has refused to quash the FIR