Aircel-Maxis case: Court to pass order on charge on Feb 2

Aircel-Maxis case: Court to pass order on charge on Feb 2
Aircel-Maxis case: Court to pass order on charge on Feb 2

A special court today said it will pronounce on February 2 its order on framing of charges against former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and others in the Aircel-Maxis deal cases lodged by CBI and the Enforcement Directorate (ED).

Special Judge O P Saini, who was scheduled to pass the order today on framing of charges as well as on bail applications of the Maran brothers and other accused persons, deferred it to the next date, saying the order was not ready.

All the accused have denied the allegations against them made by the investigating agencies and have moved bail pleas.

During arguments on framing of charges, Special Public Prosecutor Anand Grover had claimed that Dayanidhi had “pressurised” Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group in 2006.

The charge was strongly refuted by Dayanidhi.

CBI had filed a charge sheet against the Maran brothers, Ralph Marshall, T Ananda Krishnan, M/s Sun Direct TV (P) Ltd, M/s Astro All Asia Networks Plc, UK, M/s Maxis Communications Berhad, Malaysia, M/s South Asia Entertainment Holdings Ltd, Malaysia and then Additional Secretary (Telecom) late J S Sarma.

They were chargesheeted for alleged offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.

In the money laundering case, ED has chargesheeted the Maran brothers, Kalanithi’s wife Kavery, Managing Director of South Asia FM Ltd (SAFL) K Shanmugam, SAFL and Sun Direct TV Pvt Ltd (SDTPL) under provisions of the Prevention of Money Laundering Act (PMLA).

The court had summoned the six accused after taking cognisance of the ED’s charge sheet, saying there was “enough incriminating material” to proceed against them.

( Source – PTI )

Aircel-Maxis case: Court to pass order on charge on Jan 24

Aircel-Maxis case: Court to pass order on charge on Jan 24
Aircel-Maxis case: Court to pass order on charge on Jan 24

A special court will pronounce on Tuesday next its order on framing charge against former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and others in the Aircel-Maxis deal case lodged by CBI and the Enforcement Directorate (ED).

Special Judge O P Saini, who was scheduled to pass the order today on framing of charge as well as on bail applications of the Maran brothers and other accused persons, deferred it to January 24, saying the order is yet to be prepared.

All the accused have denied the allegations against them made by the investigating agencies and have moved bail pleas.

During the arguments on the framing of charge, Special Public Prosecutor Anand Grover had claimed that Dayanidhi had “pressurised” Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group in 2006.

The charge was strongly refuted by Dayanidhi.

CBI had filed a charge sheet against the Maran brothers, Ralph Marshall, T Ananda Krishnan, M/s Sun Direct TV (P) Ltd, M/s Astro All Asia Networks Plc, UK, M/s Maxis Communications Berhad, Malaysia, M/s South Asia Entertainment Holdings Ltd, Malaysia and then Additional Secretary (Telecom) late J S Sarma.

They were charge sheeted for alleged offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.

In the money laundering case, ED has chargesheeted as accused the Maran brothers, Kalanithi’s wife Kavery, Managing Director of South Asia FM Ltd (SAFL) K Shanmugam, SAFL and Sun Direct TV Pvt Ltd (SDTPL) under provisions of the Prevention of Money Laundering Act (PMLA).

The court had summoned the six accused after taking cognisance of the ED’s charge sheet, saying there was “enough incriminating material” to proceed against them.

( Source – PTI )

Challenging special court’s order in Delhi HC: Police

Challenging special court's order in Delhi HC: Police
Challenging special court’s order in Delhi HC: Police

Delhi Police today told a special court that it was challenging in Delhi High Court the order asking whether it needed to arrest a private bank official, who is in custody in a case of demonetisation fraud lodged by the Enforcement Directorate, in a separate case.

The prosecutor and investigating officer of the case made the submission while seeking time to file a report on the court’s query.

Special Judge Poonam Chaudhry granted time to the police and listed the matter for filing of report on February 1.

During the hearing, prosecutor Balbir Singh and ACP Balwant Singh, the IO in the case, submitted that the court’s January 12 order was being challenged in the high court and they needed time to file the report.

The court had earlier sought a report from police on a plea of 32-year-old Vineet Gupta, suspended branch manager of Axis Bank’s Kashmere Gate branch here and currently in judicial custody, seeking to surrender in a related case lodged by the police.

Gupta, whose application has been kept pending, had sought that the court should issue production warrant for his appearance before it from jail, saying he wanted to surrender in the cheating case lodged by police to show his bonafide.

He had claimed he had not committed any offence and had nothing to do with the case lodged by police which has added provisions of the Prevention of Corruption Act against him as no case of cheating and criminal conspiracy was made out.

“The accused is not a public servant within the purview of the Prevention of Corruption Act,” the application said.

The prosecutor had opposed the plea saying it was not maintainable as the accused was already in judicial custody in the case lodged by ED and hence the issue of surrendering to the Police does not arise at this stage.

ED had lodged a criminal complaint against two bankers and others based on a Delhi Police FIR after three persons were intercepted with Rs 3.7 crore in old currency notes a few days ago in front of the bank’s Kashmere Gate branch.

Gupta, Rajeev Singh Kushwaha, suspected to be the mastermind behind floating of shell companies, and 33-year-old Shobit Sinha, suspended manager (operations) in the bank, are lodged in judicial custody till January 23 for alleged irregularities relating to conversion of demonetised currency and supply of new notes.

ED has claimed the probe has found that Rs 39 crore in cash was in question and several companies were involved in the case. It had alleged that a gold brick worth Rs 39 lakh had been recovered from Sinha, while another is yet to be found, which were agreed to be taken as commission.

It had claimed that Kushwaha “used the identity documents of various persons to form shell companies” through which cash deposits of Rs 39 crore were made between November 10 and November 22 in “close connivance” with the two bank managers.

( Source – PTI )

Court puts LeT terrorist Abu Jundal on trial

Court puts LeT terrorist Abu Jundal on trial
Court puts LeT terrorist Abu Jundal on trial

A special court has put Lashkar-e- Toiba terrorist Abu Jundal on trial for allegedly conspiring to commit terror acts in India, promoting enmity among different communities and other offences in a case related to post-2008 Mumbai attacks.

District Judge Amar Nath framed charges against Jundal for offences committed under section 153 A (1) (promoting enmity between different communities) of IPC and several sections of Unlawful Activities Prevention Act including 18 (punishment for conspiracy) and 20 (punishment for being member of terror organisation).

The court has now fixed January 31 for further proceedings in the case.

Earlier, while advancing arguments on framing of charges, the National Investigation Agency (NIA) had claimed that “sometime in 2010, Jundal, along with his associates, entered into a conspiracy to commit terror attacks in the country”.

“He used Facebook accounts with the use of fake IDs and sent emails to contact several persons. Three among them were examined by the NIA. The confession given by Jundal in November 26, 2008, Mumbai blasts case also corroborates this case,” the NIA had said.

Advocate M S Khan, appearing for Jundal, however, had opposed NIA’s contention, claiming that allegations against his client were false.

The NIA had chargesheeted Jundal alias Sayed Zabiuddin Ansari for allegedly conspiring to carry out terror activities in India after the 26/11 Mumbai terror attacks.

( Source – PTI )

Court’s order on S P Tyagi’s bail plea on Dec 26

Court's order on S P Tyagi's bail plea on Dec 26
Court’s order on S P Tyagi’s bail plea on Dec 26

A special court today decided to pronounce its order next week on the bail plea of former IAF chief S P Tyagi and two others, arrested in AgustaWestland VVIP chopper scam case, after hearing arguments of the CBI and the accused on the issue.

Special CBI Judge Arvind Kumar also reserved its order on the bail applications of Tyagi’s cousin Sanjeev Tyagi and lawyer Gautam Khaitan and posted the matter for December 26 for pronouncing the order.

During the day’s proceedings, Additional Solicitor General Tushar Mehta, appearing for CBI, opposed the bail pleas of the accused, saying if set free, they might influence witnesses and hamper the “multi-layered probe by various agencies in more than one jurisdictions involving several countries”.

“The persons are of high ranking… The investigation is going on and we are getting support from other countries. If they get bail, they may influence witnesses, destroy evidences and hamper the ongoing probe which is at a very crucial stage.

“We have evidences where the meetings unofficially took place for the purpose of crime. At this stage, please do not entertain their bail pleas. Let the probe be completed,” he said, seeking dismissal of the bail pleas of all three accused and adding that the matter has “tarnished country’s name.”

However, the CBI also told the court that “it is not our argument that the accused may flee from justice.”

On the court’s query whether the CBI had any material regarding S P Tyagi receiving money, the agency said the former IAF chief had purchased several properties for which the sources of income were not disclosed by him and alleged that he had abused his official position.

Opposing CBI’s contention, S P Tyagi’s advocate Maneka Guruswamy said his client “could not be deprived from freedom if the investigation is taking time to complete”.

She claimed before the court that in the last four years since the FIR was registered, the CBI has never been able to confront Tyagi with any incriminating evidence till date.

“Even today, the CBI has not demonstrated anything more than a statement that my client recieved some cash. He is already retired and not going to influence the probe today and there is no evidence to suggest that he tried to do so in the past,” the counsel said.

( Source – PTI )

Ex-coal secretary, others put on trial in coal scam case

Ex-coal secretary, others put on trial in coal scam case
Ex-coal secretary, others put on trial in coal scam case

Former Coal Secretary H C Gupta, facing prosecution in coal scam cases, was today put on trial by a special court along with four others including two public servants for alleged offences of cheating and criminal conspiracy in the JICPL case.

Besides Gupta, Special CBI Judge Bharat Parashar also framed charges against senior public servants K S Kropha and K C Samria, JAS Infrastructure Capital Pvt Ltd (JICPL) and its Director Manoj Kumar Jayaswal for the alleged irregularities in the allotment of ‘Mahuagarhi Coal Block’ in Jharkhand to a private firm.

After the charges were framed, the accused pleaded not guilty and claimed trial in the case.

The court has put up the matter for further hearing on April 17, 2017.

While ordering to put the accused on trial, the court had on December 7, said, “The facts of the present case prima facie show that accused H C Gupta, K S Kropha and K C Samria entered into a criminal conspiracy with company M/s JICPL and its director Manoj Kumar Jayaswal so as to procure allotment of a coal block in favour of M/s JICPL”.

“The acts alleged against the accused public servants Gupta, Kropha and Samria are such that if questioned they cannot claim that they were acting in discharge of their official duties,” the court had said.

In a surprising move, the former Coal Secretary had on August 16, told the court that he intended to “face trial from inside the jail” and withdraw his personal bond to secure bail due to financial issues. However, he later withdrew his plea.

The court said prima facie charges for alleged offences under sections 420 (cheating), 409 (criminal breach of trust by public servant), 120-B (criminal conspiracy) of IPC and under relevant provisions of the Prevention of Corruption Act are made out against the accused.

( Source – PTI )

Aircel-Maxis case: Court to pass order on charge

Aircel-Maxis case: Court to pass order on charge
Aircel-Maxis case: Court to pass order on charge

A special court will pronounce on Thursday its order on framing charge against former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and others in the Aircel-Maxis deal case lodged by CBI and the Enforcement Directorate (ED).

Special Judge O P Saini, who was scheduled to pass the order today on framing of charge as well as on bail applications of the Maran brothers and other accused persons, deferred it to December 22, saying the order is yet to be prepared.

All the accused have denied the allegations against them made by the investigating agencies and have moved bail pleas.

During the arguments on the framing of charge, Special Public Prosecutor Anand Grover had claimed that Dayanidhi had “pressurised” Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group in 2006.

The charge was strongly refuted by Dayanidhi.

CBI had filed a charge sheet against the Maran brothers, Ralph Marshall, T Ananda Krishnan, M/s Sun Direct TV (P) Ltd, M/s Astro All Asia Networks Plc, UK, M/s Maxis Communications Berhad, Malaysia, M/s South Asia Entertainment Holdings Ltd, Malaysia and then Additional Secretary (Telecom) late J S Sarma.

They were chargesheeted for alleged offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.

In the money laundering case, ED has chargesheeted as accused the Maran brothers, Kalanithi’s wife Kavery, Managing Director of South Asia FM Ltd (SAFL) K Shanmugam, SAFL and Sun Direct TV Pvt Ltd (SDTPL) under provisions of the Prevention of Money Laundering Act (PMLA).

The court had summoned the six accused after taking cognisance of the ED’s charge sheet, saying there was “enough incriminating material” to proceed against them.

( Source – PTI )

Jundal given last chance to argue on charge framing

Jundal given last chance to argue on charge framing
Jundal given last chance to argue on charge framing

A special court has given final opportunity to Lashkar-e-Toiba terrorist Abu Jundal to advance his arguments on framing of charges in a case of alleged conspiracy to commit terror attacks in India after the 2008 Mumbai strike.

Jundal, who is lodged in a Mumbai jail, has been insisting for his production before the court here but in view of the prohibitory orders passed by Mumbai government, which was later upheld by the Bombay High Court, the court had rejected his plea last year.

District Judge Amar Nath asked the accused to start his arguments, by himself or through his advocate, on the next hearing on December 8.

Advocate M S Khan, appearing for Jundal, meanwhile, told the court that his client did not want him to argue in the matter without his physical presence here.

National Investigation Agency (NIA) has already concluded its arguments on the point of framing of charges against the accused, in which it claimed that “sometime in 2010, Jundal, along with his associates, entered into a conspiracy to commit terror attacks in the country.”

“He used Facebook accounts with the use of fake IDs and sent emails to contact several persons. Three among them were examined by the NIA. The confession given by Jundal in 26 November, 2008 Mumbai blasts case also corroborates this case,” the NIA said.

The NIA had chargesheeted Jundal alias Sayed Zabiuddin Ansari for allegedly conspiring to carry out terror activities in India after the 26/11 Mumbai terror attacks.

( Source – PTI )

Court extends suspected LeT operative’s custody till Oct 22

Court extends suspected LeT operative's custody till Oct 22
Court extends suspected LeT operative’s custody till Oct 22

A special court today extended the judicial custody of Pakistani national Bahadur Ali alias ‘Saifullah’, allegedly working for terror outfit Lashkar-e- Taiba, till October 22.

According to court sources, Ali was produced before District Judge Amar Nath from Tihar Central Jail, and during in-camera proceedings, the National Investigation Agency (NIA) moved an application seeking extension of judicial custody for the accused.

The NIA, in a twist to the turmoil in Kashmir, had cited Ali’s confessional video to claim that the ongoing unrest in the Valley was being orchestrated by Pakistan-based LeT which had played a major role in fuelling the unrest, triggered by the encounter killing of a militant leader.

The agency has claimed that since summer this year, the banned outfit, with the “help of Pakistani forces deployed on the border”, pushed armed terrorists heavily into India with the direction to mix with the local people, create disturbance and attack police and security forces.

NIA had earlier told the court that along with his associates, Ali had planned terror strikes to “destabilise the security and sovereignty” of India.

A fourth-class dropout Ali, who hails from Jahama village of Raiwind in Lahore, was arrested from village Yahama in Mawar area of Qalamabad, Handwara, in North Kashmir on July 25. The army had claimed to have recovered three AK-47 rifles, two pistols and Indian Rs 23,000 from his possession.

According to NIA, Ali was trained at a LeT camp in PoK to carry out various activities, includig map reading and operating GPS devices.

( Source – PTI )

Arguments on charges against ISIS men to start from Sept 27

Arguments on charges against ISIS men to start from Sept 27
Arguments on charges against ISIS men to start from Sept 27

A special court will start hearing arguments on charges later this month against 17 suspected ISIS operatives, arrested from across the country allegedly on charges of recruiting and financing people to join the terror outfit.

While fixing the matter for hearing on September 27, District Judge Amar Nath directed the National Investigation Agency (NIA) to supply the copies of deficit documents, including statements of protected witnesses in the case, to accused persons within 15 days, sources said.

The NIA had filed its charge sheet before the court outlining the role of all the accused in a larger conspiracy of ISIS to further the terror group’s ideology.

The agency had claimed that members of banned outfit — Islamic State (IS) or Islamic State of Iraq and Syria (ISIS) or Islamic State of Iraq and Levant (ISIL), in connivance with a few resident and non-resident Indians, have been indulging in identification, radicalization, recruitment, training.

The final report had alleged that some Indian youths were transferred by the accused, who are currently in judicial custody, to countries like Syria, Lybia and Iraq for terror activities.

The accused persons against whom the agency had filed the charge sheet include Mohd Aleem, Mohd Obaidullah Khan, Nafees Khan, Mohd Shareef Moinuddin Khan, Asif Ali, Najmul Huda, Mudabbir Mushtaq Shaikh, Mohd Abdul Ahad, Suhail Ahmed, Syed Mujahid, Mohd Hussain Khan, Mohd Afzal, Imran and Abu Anas.

They were arrested from different parts of the country for allegedly recruiting and financing people to join the terror organisation.

They were arrested under several sections of the Unlawful Activities (Prevention) Act and Indian Penal Code (IPC). A case was registered by NIA on December 9, 2015 against unknown and unidentified persons involved in the activities of IS in India and other Asian countries.

In this case, the NIA had filed a charge sheet against 23-year-old accused Naser Packeer, outlining his modus operandi in identifying, radicalising, recruiting and sending some Indian youths to join the terrorists in Syria and Iraq.

The agency had filed an FIR in the matter on December 9 last year against unknown persons on the basis of inputs received from the Ministry of Home Affairs.

( Source – PTI )