Babri case adjourned as judge is absent

March 22, 2017

New Delhi, Mar 22: Justice Rohinton Nariman, who made remarks about reviving the criminal conspiracy charge against BJP veteran L.K. Advani and other top leaders, including Union Minister Uma Bharti, during the previous hearing of the Babri Masjid demolition case, was not a part of the Supreme Court Bench on Wednesday.

adjourned

On March 6, Justice Nariman, who was sitting as a judge along with Justice P.C. Ghose, remarked that “there was something peculiar going on in this case” and opened the floor for initiating a debate on reopening the criminal conspiracy charge against BJP leaders. The court was hearing a CBI appeal against the dropping of the conspiracy charge against them.

On Wednesday, the Bench was sitting in a combination of Justices Ghose and the newly-appointed Justice Dipak Gupta.

Justice Rohinton Nariman was heading a Bench in court 13 with Justice P.C. Pant.

When the Babri matter came up for hearing, Justice Ghose said the case may be adjourned as it was part-heard.

“My brother [J. Nariman] is not present. The case is part-heard,” Justice Ghose said.

Senior advocate K.K. Venugopal, appearing for Mr. Advani, asked the case to come up after four weeks.

“That would be in May...” Justice Ghose disapproved. The judge is retiring on May 27.

Justice Ghose then agreed to hear the matter on March 23 with Justice Nariman by his side on the Bench.

The sudden turn of events on March 6 came on an appeal filed by the CBI in 2011, during the UPA era, in the Supreme Court against the dropping of the conspiracy charge against Mr. Advani and other leaders like Ms. Bharti, Murli Manohar Joshi, Vinay Katiyar, Sadvi Ritambara, Giriraj Kishore and Vishnu Hari Dalmia.

“We prima facie do not approve of the way these people have been discharged... And no additional charge sheet filed so far? See, people cannot be discharged like this on technical grounds,” Justice Nariman observed orally then.

“We will allow you [CBI] to file supplementary charge sheet by including the conspiracy charge. We will ask the trial court to conduct a joint trial in a Lucknow court,” he said.

The CBI, represented by Additional Solicitor General Neeraj Kishan Kaul, had seemed to agree with the court's observations and submitted that a joint trial should be conducted.

However, Mr. Venugopal strongly objected to the turn of events and argued that the conspiracy charge against Mr. Advani and other leaders were already dropped, and its revival would mean the reexamination of the 186 witnesses who had deposed in the case. Mr. Venugopal pointed out that the CBI had appealed the Supreme Court after an inordinate delay.

But the Bench remained adamant.

The Babri Masjid demolition case stemmed from two crime files: Crime No: 197/1992 and Crime No: 198/1992. Both were filed shortly after the disputed structure of Babri Masjid was demolished on December 6, 1992.

Crime no. 197/1992 was registered in the Ayodhya Police Station against “lakhs of unknown kar sevaks”. This FIR dealt with the actual demolition of the masjid. It lined up a bunch of serious offences, including robbery or dacoity with attempt to commit murder,causing hurt by an act endangering life or safety of others, deterring public servants from doing duty and promoting enmity between different religious groups. The most severe of these offences could get the offender up to 10 years in jail.

The second one, Crime no. 198/1992, was registered against 12 persons, including Ashok Singhal, Mr. Giriraj Kishore, Mr. Advani, Mr. Joshi, Mr. Dalmiya, Mr. Katiyar, Ms. Bharati and Sadhvi Ritambara, who were on the dais at the ''Ram Katha Kunj'' when the masjid was being demolished.

They were accused of promoting enmity, making imputations and assertions prejudicial to national integration and statements conducing to public mischief. Maximum punishment, if found guilty for these offences, was up to five years'’ imprisonment. The cases are being tried in courts in Lucknow and Rae Bareilly, respectively.

The CBI took over Crime 197 in Lucknow, while 198 remained with the State CID in Rae Bareilly. Eventually 198 also got transferred to the CBI and began being heard in the Lucknow court.

Now, with the CBI investigating both crimes as one, a joint charge sheet was filed on October 5, 1993 accusing Mr. Advani and the other leaders of conspiracy.

The CBI charge sheet alleged that a secret meeting took place at the residence of Mr. Katiyar on the eve of the demolition, during which the final decision to bring down the disputes structure was taken. The Special Judicial Magistrate and the Additional Sessions Court also found the conpsiracy prima facie tenable.

However, in February 2001, the Lucknow Bench of the Allahabad High Court found a technical error in the manner Crime 198 was transferred to the CBI without consulting the High Court. Though it did not touch upon the conspiracy charge against the leaders, the High Court asked the Uttar Pradesh government to correct the flaw. Subsequent governments failed to act and Crime 198 finally got detached and returned to Rae Bareilly.

On May 4, 2001, Special Judge, Lucknow, Shrikant Shukla dropped the conspiracy charge against Advani and 20 others on the ground that Crime 197 — the Special Court was only trying this crime — was only regarding the actual demolition and not the hatching of any conspiracy. On May 20, 2010, the High Court upheld Judge Shukla's order while dismissing the CBI's revision petition.

Arguing before the Supreme Court in its appeal on February 19, 2011, the CBI submitted that Judge Shukla made an “artificial distinction” in the demolition case in order to drop the names of Mr. Advani and the 20 others for the reason that they did not participate in the “actual demolition”. The CBI called for a joint trial of both Crime nos. 197 and 198 like how they did previously.

“Acts of instigation, facilitation, the actual demolition of the masjid, the continuous assault on media persons, thus, form a single connected transaction and can well be a concerted conspiracy under Section 120-B of the IPC. In respect of continuous criminal act attracting various offences, the transaction has to be viewed in as a whole and evidence cannot be led at two different courts,” the CBI said in its 2011 appeal.

In his defence, Mr. Advani had argued that the entire endeavour of the CBI to file a composite charge sheet and foist conspiracy charges against him and the other leaders during the UPA government's time was a politically motivated one. Mr. Advani had claimed that the Special Court, in 2001, rightly come to the firm conclusion that it had no jurisdiction to hear the charge of conspiracy. Mr. Advani defended that the CBI's appeals were sheer abuse of law.

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News Network
April 16,2024

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New Delhi:  Twenty-nine Maoists, including a senior rebel leader - Shankar Rao, who had a bounty of ₹ 25 lakh on his head - were killed by security forces during an encounter in Chhattisgarh's Kanker district on Tuesday afternoon. A huge quantity of weapons, including Ak-47 and INSAS rifles, were recovered. 

Three security personnel were injured in the gunfight, which took place in forests near the village of Binagunda after a joint team of District Reserve Guard and Border Security Force were attacked.

Two of the three injured are from the BSF. Their condition is stable but the third - from the DRG - is in critical care. All three received treatment at a local hospital and are to be shifted to a larger facility.

Sources said the fighting began at around 2 PM, when a joint DRG-BSF team was conducting an anti-Maoist operation. The DRG was set up in in 2008 to combat Maoist activities in the state, and the Border Security Force has been deployed extensively in the area to for counter-insurgency ops.

There was another encounter in the district last month, in which two people - a Maoist and a cop - were killed, and security forces recovered a gun, some explosives, and other incriminating materials.

Personnel from the DRG and Bastar Fighters, both units of the state police force, with the Border Security Force, were involved in that operation, officials told news agency PTI. The patrolling team was cordoning off a forested area when fired on indiscriminately, leading to the gun battle.

In November last year, while the state was voting in the first phase of an Assembly election, a gunfight broke out between security forces and Maoist rebels in the same district.

An Ak-47 rifle was recovered from the encounter site.

On the same day, while polling was taking place, Maoists fired at DRG personnel deployed near a polling station in Banda in Dantewada district.

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News Network
April 17,2024

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New Delhi: Searches conducted by the Enforcement Directorate (ED) under the anti-money laundering law rose by 86 times while arrests and attachment of assets jumped by around 25 times in the ten years since 2014 compared to the preceding nine-year period, according to official data.

An analysis of the data by PTI for the last ten years, between April 2014 and March 2024, against the nine years from July 2005 to March 2014 presents a picture of the federal agency's "intensified" action under various sections of the Prevention of Money Laundering Act (PMLA).

The PMLA was enacted in 2002 and implemented from July 1, 2005, to check serious crimes of tax evasion, generation of black money and money laundering.

While the opposition parties have alleged that the ED's action during the last decade was part of the BJP-led central government's "oppressive" tactics against its rivals and others, the Union government and the ruling party have asserted that the agency is independent and its investigations were purely based on merit and under the mandate to act against the corrupt.

The ED booked as many as 5,155 PMLA cases during the last ten years as compared to a total of 1,797 complaints or Enforcement Case Information Reports (ECIRs or FIRs) filed during the preceding period (2005-14), a jump of about three times, the data said.

The data shows that the agency also got its first conviction starting the 2014 fiscal and it has, till now, got 63 persons punished under the anti-money laundering law.

The ED conducted 7,264 searches or raids in money laundering cases across the country during the 2014-2024 period as compared to just 84 in the preceding period - a jump of 86 times.

It also arrested a total of 755 people during the last decade and attached assets worth Rs 1,21,618 crore as compared to 29 arrests and Rs 5,086.43 crore worth of attachments respectively during the last compared period, the data stated.

The arrests are 26 times more, while figures related to the attachment of properties are 24 times higher.

The agency issued 1,971 provisional attachment orders for various types of immovable and movable assets during the last decade as compared to 311 such orders taken out in the preceding comparable period.

It got about 84 per cent of the attachment orders confirmed from the Adjudicating Authority of the PMLA during 2014-24 as compared to 68 per cent confirmations from the same authority during the last compared period.

The filing of charge sheets also saw a jump of 12 times in the last decade with 1,281 prosecution complaints filed by it before courts as against 102 during the preceding period.

The data said the ED secured conviction orders in 36 cases from various courts leading to the prosecution of 63 persons and a total of 73 charge sheets were disposed of during the last decade.

No conviction was obtained by the agency nor any charge sheet was disposed of under the anti-money laundering law during the 2005-14 period, according to the statistics.

The agency also got the court's permission to confiscate assets (attached as proceeds of crime under the PMLA) worth Rs 15,710.96 crore and it also restituted properties (including bank funds) of Rs 16,404.19 crore (out of the total amount under confiscation) during the last decade.

As there were no convictions during the preceding nine-year period, no confiscation of assets and resultant restitution could take place, as per the data.

The ED is also empowered to seize cash under the PMLA and the data said the agency froze more than Rs 2,310 crore worth of Indian and foreign currency during the last ten years as compared to a figure of Rs 43 lakh during the preceding period.

The agency also got notified a total of 24 Interpol red notices for apprehension of various accused who left India and hid in foreign shores and sent 43 extradition requests during 2014-24.

No such action was taken by the agency during the preceding period.

Four persons were extradited to India during the last ten-year time period while similar orders were secured against businessmen Vijay Mallya, Nirav Modi and Sanjay Bhandari. The three are based in the UK and the ED is trying to bring them back to the country as all the accused are contesting the orders issued against them.

"These statistics reflect the intensive drive that the ED has undertaken to check money laundering crimes," an agency official said.

The ED investigates financial crimes under two criminal laws -- the Prevention of Money Laundering Act (PMLA) and the Fugitive Economic Offenders Act (FEOA) -- apart from the civil provisions of the Foreign Exchange Management Act (FEMA).

The FEOA was enacted by the Narendra Modi government in 2018 to cripple those who are charged with high-value economic frauds and abscond from the country to evade the law.

The ED, as per the data, filed a total of 19 such applications before the designated special PMLA courts in the country following which 12 persons have been declared fugitive economic offenders.

It also confiscated assets worth Rs 906 crore under the said law by the end of the last fiscal on March 31.

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News Network
April 15,2024

New Delhi: India is likely to experience above-normal cumulative rainfall in the 2024 monsoon season with La Nina conditions likely to set in by August-September, the IMD has said on Monday.

However, normal cumulative rainfall does not guarantee uniform temporal and spatial distribution of rain across the country, with climate change further increasing the variability of the rain-bearing system.

Climate scientists say the number of rainy days is declining while heavy rain events (more rain over a short period) are increasing, leading to frequent droughts and floods.

Based on data between 1951-2023, India experienced above-normal rainfall in the monsoon season on nine occasions when La Nina followed an El Nino event, India Meteorological Department chief Mrutyunjay Mohapatra told a press conference here.

Positive Indian Ocean Dipole conditions are predicted during the monsoon season. Also, the snow cover in the Northern Hemisphere is low. These conditions are favourable for the Indian southwest monsoon, he said.

Moderate El Nino conditions are prevailing at present. It is predicted to turn neutral by the time monsoon season commences. Thereafter, models suggest, La Lina conditions may set in by August-September, Mohapatra said.

India received "below-average" cumulative rainfall -- 820 mm compared to the long-period average of 868.6 mm -- in 2023, an El Nino year. Before 2023, India recorded "normal" and "above-normal" rainfall in the monsoon season for four years in a row.

El Nino conditions -- periodic warming of surface waters in the central Pacific Ocean -- are associated with weaker monsoon winds and drier conditions in India.

Three large-scale climatic phenomena are considered for forecasting monsoon season rainfall.

The first is El Nino, the second is the Indian Ocean Dipole (IOD), which occurs due to differential warming of the western and eastern sides of the equatorial Indian Ocean, and the third is the snow cover over the northern Himalayas and the Eurasian landmass, which also has an impact on the Indian monsoon through the differential heating of the landmass.

The southwest monsoon delivers about 70 percent of India's annual rainfall, which is critical for the agriculture sector. Agriculture accounts for about 14 percent of the country's GDP.

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