Virbhadra, his wife granted bail in DA case

May 29, 2017

New Delhi, May 29: Himachal Pradesh Chief Minister Virbhadra Singh and his wife Pratibha Singh were today granted bail by a special court here in connection with a nearly Rs 10 crore disproportionate assets case.

Virbhadra

Special Judge Virender Kumar Goyal granted the relief to all the accused on a personal bond of Rs one lakh each and one surety of the like amount.

The court, however, asked them not to leave the country without its prior permission.

Earlier in the day, the CBI had opposed the bail plea of the Chief Minister saying they may influence the witnesses and the ongoing probe in a disproportionate assets case against them.

The public prosecutor said Singh was the "King of the state" and if granted bail, no one will dare to come forward to depose before the court.

In their bail plea, Virbhadra Singh, who has not been arrested so far, and the other accused submitted that the investigation was complete as the CBI has already filed the charge sheet.

But the CBI said the investigation in the case was still on and granting of bail might hamper it.

The 82-year-old politician had also cited several medical reports, saying he was suffering from serious ailments.

The accused persons also claimed that they will be able to look after their case in a better manner if they are out on bail.

Singh and his wife Pratibha Singh on May 22 appeared as accused in connection with a nearly Rs 10 crore disproportionate assets case and sought bail.

The CBI has charge sheeted Virbhadra Singh, his wife, Universal Apple Associate owner Chunni Lal Chauhan, stamp paper vendor Joginder Singh Ghalta, Managing Director of Tarani Infrastructure Vakamulla Chandrasekhar and co-accused Lawan Kumar Roach, Prem Raj and Ram Prakash Bhatia for the alleged offences including criminal conspiracy, forgery and corruption.

The charge sheet also names as accused LIC agent Anand Chauhan, who was arrested in the case and is currently in judicial custody.

The court had on May 8 summoned them after taking cognisance of the charge sheet filed by the CBI.

The CBI charge sheet, running into over 500 pages having the statements of around 225 witnesses and containing 442 documents, has claimed that Singh had amassed assets worth around Rs 10 crore which were disproportionate to his total income during his tenure as a Union minister.

Chauhan was arrested by the Enforcement Directorate on July 9 last year in a separate money laundering case related to the DA case.

The matter was transferred by the Supreme Court to the Delhi High Court, which on April 6, 2016 had asked the CBI not to arrest Singh and directed him to join the probe.

On November 5 last year, the apex court had transferred Singh's plea from the Himachal Pradesh High Court to the Delhi High Court, saying it was not expressing any opinion on the merits of the case, but "simply" transferring the petition "in interest of justice and to save the institution (judiciary) from any embarrassment".

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News Network
March 21,2024

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New Delhi: India has now become more unequal in terms of wealth concentration than the British colonial period as income and wealth of the top 1% of the country’s population have hit historical highs, according to a paper released by World Inequality Lab.

By 2022-23, the top 1 per cent income share in India was 22.6 per cent and the top 1 per cent wealth share rose to 40.1 per cent, with India’s top 1 per cent income share among the very highest in the world, higher than even South Africa, Brazil and the US.

Co-authored by economists Nitin Kumar Bharti, Lucas Chancel, Thomas Piketty, and Anmol Somanchi, the paper stated that the “Billionaire Raj” headed by “India’s modern bourgeoisie” is now more unequal than the British Raj headed by the colonialist forces. 

The paper said there is evidence to suggest the Indian tax system might be “regressive when viewed from the lens of net wealth”. A restructuring of the tax code is needed, the paper said, adding that a levy of a “super tax” of 2 per cent on the net wealth of 167 wealthiest families would yield 0.5 per cent of national income in revenues and create space for investments.

“A restructuring of the tax code to account for both income and wealth, and broad-based public investments in health, education and nutrition are needed to enable the average Indian, and not just the elites, to meaningfully benefit from the ongoing wave of globalisation. Besides serving as a tool to fight inequality, a “super tax” of 2% on the net wealth of the 167 wealthiest families in 2022-23 would yield 0.5% of national income in revenues and create valuable fiscal space to facilitate such investments,” the paper said. 

The paper has analysed data based on the annual tax tabulations published by the Indian income tax authorities to extract the distribution of top income earners between 1922-2020.

The share of national income going to the top 10 per cent fell from 37 per cent in 1951 to 30 per cent by 1982 after which it began steadily rising. From the early 1990s onwards, the top 10 per cent share increased substantially over the next three decades, nearly touching 60 per cent in the most recent years, the paper said. This compares with the bottom 50 per cent getting only 15 per cent of India’s national income in 2022-23.

 The top 1 per cent earn on average Rs 5.3 million, 23 times the average Indian (Rs 0.23 million). Average incomes for the bottom 50 per cent and the middle 40 per cent stood at Rs 71,000 (0.3 times national average) and Rs 1,65,000 (0.7 times national average), respectively.
The richest, nearly 10,000 individuals (of 92 million Indian adults) earn on average Rs 480 million (2,069 times the average Indian). “To get a sense of just how skewed the distribution is, one would have to be at nearly the 90th percentile to earn the average income in India,” the paper said.

In 2022, just the top 0.1 per cent in India earned nearly 10 per cent of the national income, while the top 0.01 per cent earned 4.3 per cent share of the national income and top 0.001 per cent earned 2.1 per cent of the national income.

Enlisting the probable reasons for sharp rise in top 1 per cent income shares, the paper said public and private sector wage growth could have played a part till the late 1990s, adding that there are good reasons to believe capital incomes likely played a role in subsequent years. For the shares of the bottom 50 per cent and middle 40 per cent remaining depressed, the paper said, the primary reason has been the lack of quality broad-based education, focused on the masses and not just the elites.

“One reason to be concerned with such high levels of inequality is that extreme concentration of incomes and wealth is likely to facilitate disproportionate influence on society and government. This is even more so in contexts with weak democratic institutions. After largely being a role model among post-colonial nations in this regard, the integrity of various key institutions in India appears to have been compromised in recent years. This makes the possibility of India’s slide towards plutocracy even more real. If only for this reason, income and wealth inequality in India must be closely tracked and challenged,” it said.

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News Network
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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March 19,2024

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New Delhi, Mar 19: The Supreme Court today came down heavily on Patanjali Ayurved for failing to respond to a contempt notice for issuing misleading advertisements and ordered yoga guru Ramdev to appear before it.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah also summoned Patanjali managing director Acharya Balkrishna.

The Supreme Court last month pulled up Patanjali for prima facie violation of its assurances about its products and statements claiming their medicinal efficacy. The court had issued a notice to Patanjali and Balkrishna, asking why contempt proceedings should not be initiated against them.

It noted today that Patanjali did not file a response even though it had held a press conference after its previous order. "Why haven't you filed your response yet? We will ask the managing director to appear in the court during the next hearing," the court said.

The order states both Ramdev and Balakrishna were prima facie in violation of Sections 3 and 4 of the Drugs and Remedies Act, which deal with misleading ads of medicines.

The court also issued a contempt notice to Ramdev, co-founder of Patanjali, and asked him to explain why he should not face action for contempt of court.

Senior lawyer Mukul Rohatgi, appearing for Patanjali Ayurved, opposed the move and sought to know, "How Ramdev comes into the picture?"

"You are appearing. We will see on the next date. Enough," the court replied.

"We had our hands tied earlier but not now. As an officer of the court, you (Mr Rohatgi) should know your position," said Justice Amanullah.

The court was hearing a petition by the Indian Medical Association (IMA) alleging a smear campaign by Ramdev against the vaccination drive and modern medicines.

On February 27, it had issued a contempt notice to Patanjali and cautioned them against from making any statements against any system of medicine in the media. It had also pulled up the centre for not taking action and said they were sitting with their eyes closed.

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