‘No action till...’: High Court relief for Siddaramaiah after governor sanctioning prosecution

News Network
August 19, 2024

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Bengaluru: The Karnataka High Court on Monday directed the trial court to take no action against Chief Minister Siddaramaiah following Governor Thawaar Chand Gehlot sanctioning the Congress leader's prosecution in the alleged MUDA land scam case. The interim relief for the embattled Chief Minister will be in effect till August 29, when the High Court will hear this case next.

Siddaramaiah had moved the High Court against Mr Gehlot's nod to prosecute him and sought this interim relief on grounds the Governor's action was "illegal and without authority of law", and that allowing his prosecution posed "a grave and imminent risk of irreparable harm (to his) reputation" as well as "disrupt governance... and potentially result in political destabilisation".

"Since the matter is heard by this court and pleadings are to be completed... till the next date of hearing the concerned court (the trial court) should defer its proceedings..." the High Court said.

In its order the court noted that documents submitted by the petitioner (i.e., Chief Minister Siddaramaiah) had "referred to several points of order... to prima facie demonstrate that (the) order (granting sanction to prosecute) bears non-application of mind (by the Governor).

The court also noted the Chief Minister's submission - that the Governor had sanctioned prosecution of the former at "breakneck" speed following filing of a complaint on July 26.

During the hearing senior advocate Abhishek Singhvi, appearing for Siddaramaiah, had urged the court to direct "no precipitate action" and claimed the sanction granted by the Governor is "part of a concerted effort to destabilise the duly elected government of Karnataka..."

He argued the Governor had "picked this complaint (filed by activist TJ Abraham) ... out of 12 to 15 still pending, without single reason". He further argued that conditions to be met for application of Section 17 of the Prevention of Corruption Act, under which the Chief Minister has been charged, were missing.

Mr Singhvi also flagged what he said were other errors that betrayed the order was passed "without application of mind", including the show-cause notice sent to Siddaramaiah referring to one complaint and the Governor's sanction to prosecute referring to "other complaints".

"Mr Abraham's complaint is received and, on the same day, the Governor issues the show-cause notice... legal malice (against Chief Minister Siddaramaiah) has to be inferred. Somebody goes to a 'friendly governor', gives a complaint, and he issues notice..." Mr Singhvi jibed.

Mr Singhvi also referred to the Cabinet's "detailed, legal, and reasoned order" on this topic, and continued, "What did he decide? Order is silent on reasons why sanction should be granted."

"Never Misused Power...": Siddaramaiah

Hours earlier the Chief Minister had said he had not done anything illegal in a political career spanning four decades, and expressed confidence the judiciary would come to his aid.

The senior Congress leader declared he had been a Chief Minister and a Minister over the course of his career and had "never misused power for personal gains". He also dismissed protests by the BJP, saying, "In politics it is natural that parties will protest... so let them protest, I am clean."

A massive row erupted in Karnataka over the weekend after the Governor sanctioned prosecution of the Chief Minister on corruption charges in connection with the Mysuru Urban Development Authority, or MUDA, case after petitions by three activists.

The Governor said his order was necessary to conduct a "neutral, objective, and non-partisan investigation", adding he is prima facie "satisfied" the alleged infractions were, in fact, committed.

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News Network
November 16,2024

Mangaluru: The Kavoor police in Mangaluru, Karnataka, have arrested three individuals from Kerala in connection with two separate cybercrime cases, including one involving extortion under the guise of a "digital arrest."

City Commissioner of Police Anupam Agrawal reported that one of the arrested individuals, Nisar, a resident of Ernakulam district, posed as a CBI officer. He allegedly threatened the complainant with arrest and extorted Rs 68 lakh. A case has been filed under sections 66 (C) and 66 (D) of the IT Act, and sections 308 (2) and 381 (4) of BNS.

In another case, the Kavoor police arrested two men, Sahil K P of Thiruvannur, Kozhikode, and Muhammad Nashath of Mappila Koyilandy, Kerala, in connection with a share trade fraud. The accused are alleged to have deceived the complainant by promising substantial profits from an investment in the stock market. Trusting the fraudsters, the complainant invested Rs 90 lakh, which was subsequently lost. A case has been registered under sections 66 (C) and 66 (D) of the IT Act, and sections 318 (4) and 3 (5) of BNS.

The accused were arrested in Koyilandi and presented before the court. The operation was carried out under the guidance of City Police Commissioner Anupam Agrawal, led by Mangaluru North Sub-Division ACP Srikanth K, Kavoor Inspector Raghavendra Byndoor, Kavoor PSI Mallikarjuna Biradara, and staff members Ramanna Shetty, Bhuvaneshwari, Rajappa Kashibai, Praveen N, and Malatesh. 

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News Network
November 21,2024

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After the US prosecutors charged Gautam Adani with bribery and fraud, Congress reiterated its call for a Joint Parliamentary Committee (JPC) probe into the transactions of the Adani group, and hit out at Prime Minister Narendra Modi, alleging an "internal nexus" between him and "his favourite businessman."

Senior Congress leader Jairam Ramesh said the indictment of Gautam Adani and others by the US Securities and Exchange Commission validates his party’s call for a Joint Parliamentary Committee investigation.

The Congress has been pushing for the probe since January 2023, raising concerns over alleged irregularities involving Adani and his business dealings, said Ramesh.

Ramesh referred to the party’s “Hum Adani ke Hain” series, where 100 questions were raised about the alleged scams and the links between Prime Minister Narendra Modi and Gautam Adani.
He noted that the questions remain unanswered, reiterating the need for accountability in the matter.

The US prosecutors have charged Adani with deceiving investors by concealing information about his firm's solar energy project in India, which allegedly involved bribery.

Adani has been charged with securities fraud and conspiracy, according to an indictment unsealed on Wednesday. The case focusses on an agreement between Adani Green Energy Ltd. and another organisation to supply 12 gigawatts of solar power to the Indian government.

'BETRAYAL OF INDIAN INVESTORS'

Congress leader Pawan Khera described the allegations against Gautam Adani and his conglomerate as a “betrayal of Indian investors.”

Taking to X, Khera outlined the US charges, including claims that Adani’s group bribed Indian government officials between 2020 and 2024 to secure contracts. Citing media reports, he also pointed out that Gautam Adani personally met a government official to advance the scheme.

Khera referred to a March 2024 incident where the Adani Group allegedly misled the Bombay Stock Exchange and the National Stock Exchange, calling it a “grave violation of investor trust.”

He further highlighted a March 2023 FBI raid on the premises of Sagar Adani, Gautam Adani’s nephew, where electronic devices were seized as part of the investigation.

'SEBI NOT ABLE TO PROVE ANY CHARGES AGAINST ADANI'

Shiv Sena (UBT) leader Priyanka Chaturvedi criticised central probe agencies following US charges against Gautam Adani and others in an alleged bribery case linked to solar energy contracts.

Chaturvedi raised concerns about corporate governance and regulatory oversight in the country. “They talk about corporate governance, responsibility, and accountability. The industrialists should be asked to follow the rules and regulations, but even the agencies were defending him. The SEBI has not yet been able to prove charges against him,” she said, pointing to what she viewed as failures in ensuring accountability.

'BROUGHT DISREPUTE TO INDIA'

On US charges against Gautam Adani, AAP leader Sanjay Singh called for a probe against the industrialist. He said that the probe should be conducted by an investigation agency under the Supreme Court.

"Adani Group has brought disrepute to India. This is a very serious matter. The PM of India should come forward and answer this. All the pending matters against Adani should be probed by an investigation agency under Supreme Court monitoring, and all the corruption done by him, within and outside the country, should come out before the country and action should be taken against him," he said.

BJP DFENDS

BJP IT cell chief Amit Malviya responded sharply to the Opposition’s criticism regarding allegations involving Adani Green Energy and US-based Azure Power. He pointed out that the charges in the indictment are only allegations and emphasised, “The defendants are presumed innocent unless and until proven guilty.”

Malviya argued that the crux of the case concerns agreements to supply 12 GW of power to the Solar Energy Corporation of India (SECI), contingent on SECI securing power purchase agreements with state electricity distribution companies (SDCs).

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News Network
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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