Naval war room leak case: SC upholds sacking of two officers

February 24, 2017

New Delhi, Feb 24: The Supreme Court on Thursday upheld the Centre's decision to sack two senior naval officers --Commander Vijendra Rana and Commander V K Jha -- for alleged involvement in the Navy war room leak case.

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The officers were removed from service after a board of inquiry (BoI) held that they were involved in providing sensitive information regarding defence forces to outside agencies. The 2005 case involved leak of over 7,000 pages of sensitive defence information from the Navy War Room and the Air Headquarters, with a direct bearing on national security.

The leak of sensitive information came to light in May 2005 when an officer was found in possession of an unauthorised pen drive containing secrets of defence forces. An informal inquiry was held and Rana and Jha were found to be likely conduits. An BoI was convened and it was held that the officers had become undesirable and their sacking was recommended. The Centre accepted the recommendation and dismissed them on October 26, 2005.

The officers challenged the Centre's decision before the Armed Forces Tribunal which dismissed their plea on June 30, 2010. They then approached the SC.

A bench of Justices Dipak Misra, A M Khanwilkar and M M Shantanagoudar, however, found no merit in their petition and upheld the Centre's decision.

Advocate R Balasubramanian, appearing for the Centre, said the two officers used to provide sensitive information to unauthorised agencies and endangered the country's security. He said Rana and Jha were arrested along with other officers involved in the case.

Apart form Rana and Jha, former naval officer Kulbhushan Prashar, former IAF Wing Commander Sambha Jee L Surve and alleged arms dealer Abhishek Verma are facing trial in the case for criminal conspiracy under IPC and under various provisions of Official Secrets Act.

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News Network
March 15,2024

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New Delhi, Mar 13: The Supreme Court on Friday took exception to the State Bank of India (SBI) for not disclosing complete details of Electoral Bonds, including unique alfa numeric numbers, furnished to the Election Commission for uploading on the website.

A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud issued notice to the SBI seeking its response on Monday after the court was informed that the issuing bank for the Electoral Bonds has not disclosed unique alfa numeric number of each bond.

"They have not disclosed the bond numbers. It has to be disclosed by the State Bank of India. All details have to be provided by the SBI," the bench, also comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, noted.

Senior advocate Kapil Sibal said as per the Constitution bench judgment of February 15, 2024, all details were to be disclosed.

Solicitor General Tushar Mehta submitted since the SBI was a party to the judgment, notice may be issued to it.

The court said the counsel for SBI should have been here.

"If you see the judgment, we have specified that bond numbers have to be provided," the bench said.

Advocate Prashant Bhushan appeared for the main petitioner Association for Democratic Reforms (ADR).

On an application by the EC, the bench said the details of Electoral Bonds furnished by the poll panel before the top court should be scanned and returned to it for the purpose of uploading on the website.

The Election Commission through advocate Amit Sharma filed a plea in the Supreme Court seeking a direction to release data on electoral bonds furnished to the top court in terms of previous orders of April 12, 2019 and November 2, 2023.

As per March 11, 2024 order, the Election Commission on Thursday uploaded the data on electoral bonds furnished to it by the SBI.

However, in an application, the poll panel said it had furnished to the Supreme Court a number of sealed envelopes, containing details on EBs encashed by the political parties, during the course of hearing in the matter.

It sought a direction for the return of those sealed envelopes to comply with the directions to upload it on the website as per order of March 11.

On Monday, the Supreme Court had told the SBI to furnish details of purchasers of Electoral Bonds and names of political parties redeemed those instruments by March 12 to the Election Commission, rejecting its plea for extension of time until June 30 for the purpose.

It had then directed the Election Commission to publish the information provided by the SBI on its website on March 15.

In its February 15, 2024 judgment, the SC had declared the Electoral Bonds scheme, introduced in 2018 for donation to political parties, as "unconstitutional" for being violative of the right to information.

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News Network
March 22,2024

The Enforcement Directorate on Friday produced Delhi Chief Minister Arvind Kejriwal before the Rouse Avenue court and sought a 10-day custody in the excise policy-linked money laundering case. "Kejriwal was the kingpin of the scam," the ED reportedly told the court after the AAP chief was produced before Special Judge Kaveri Baweja around 2 pm amid tight security. 

ASG S V Raju was appearing for the agency, while Senior Advocate Abhishek Manu Singhvi is representing Kejriwal. 

Raju in his argument said Kejriwal was "directly involved in formulation of the (liquor) policy... he was involved in handling of proceeds of crime as well in the Goa election campaign."

"The expert committee was constituted but it was a sham committee. The policy was made in such a manner that it would enable the taking of bribes and recoupment of people who gave the bribes," the ED counsel said. 

Kejriwal was produced in the trial court shortly after he withdrew from the Supreme Court his plea against arrest by the Enforcement Directorate in the excise policy-linked money laundering case. Kejriwal's counsel said he would contest the remand proceedings before the trial court and then come back to the apex court with another petition.

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News Network
March 29,2024

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The Income Tax department has issued a notice of approximately Rs 1,800 crore to the Congress party, exacerbating its financial concerns ahead of the crucial 2024 Lok Sabha elections, multiple reports revealed on Friday.

The development comes after the Delhi High Court rejected the party's plea challenging reassessment proceedings for four assessment years.

The new demand pertains to assessment years 2017-18 to 2020-21 and includes penalties and interest. The Congress party now awaits reassessment for three other assessment years, expected to conclude by Sunday, the stipulated deadline, said a report.

Congress lawyer and RS MP Vivek Tankha alleged that the fresh notice of nearly Rs 1,800 crore was served on the party on Thursday without key accompanying documents.

"We received the demand notice without assessment orders. The govt appeared keener to serve us with demand rather than issue us reasons for reassessment," a news paper quoted Tankha as saying. He further added, "this is how the main opposition party is being strangled financially, and that too during the Lok Sabha elections".

Delhi HC rejects plea

The Delhi High Court, on Thursday, dismissed petitions filed by the Congress challenging the initiation of tax reassessment proceedings spanning four years by tax authorities. Justices Yashwant Varma and Purushaindra Kumar Kaurav, comprising the bench, stated that the pleas were rejected in line with their earlier decision to abstain from intervening in the reopening of reassessment for an additional year.

The subject matter of the case pertained to assessment years from 2017 to 2021.

In a previous petition dismissed the week before, the Congress party had contested the initiation of reassessment proceedings concerning assessment years 2014-15 to 2016-17.

The High Court dismissed the plea, citing that the tax authority had prima facie gathered "substantial and concrete" evidence warranting further scrutiny. The tax department alleged that approximately Rs 520 crore had evaded assessment during these three years.

Additionally, the department revealed that searches conducted on entities, including some purportedly linked to Karnataka deputy chief minister D K Shivakumar and a company in Surat, had uncovered cash transactions involving Congress. These transactions were cited as violations, disqualifying the party from tax exemption available to political parties.

In the absence of exemption, parties are treated as "association of persons" and are obligated to pay taxes on their reported income. Moreover, the cash transactions are included in their total income.

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