Malaysia bigwig stalling Aircel-Maxis case probe, CBI tells Supreme Court

[email protected] (The Hindu)
November 8, 2012

DayanidhiMaran

New Delhi, November 8: The Central Bureau of Investigation on Wednesday informed the Supreme Court that a politically and economically powerful person in Malaysia was stalling the probe into the foreign angle in the Aircel-Maxis case involving the former Union Minister, Dayanidhi Maran, and others.

Senior counsel K.K. Venugopal, appearing for the CBI and the Enforcement Directorate, told a Bench of Justices G.S. Singhvi and K.S. Radhakrishnan that the agency had completed the domestic investigation. Letters Rogatory had been sent to Malaysia and Mauritius to establish a link between the investments (in Sun Direct) made by the Maxis group and grant of licence to Aircel.

‘Prima facie nexus’

Even as counsel read out salient features of the latest status report on the probe, Justice Singhvi orally observed: “Allegations prima facie indicate a nexus. Six applications were filed for grant of spectrum but there was a deliberate delay in taking the decision. When the party sold [Aircel] licence was granted.”

Mr. Venugopal said: “We have to establish that Malaysia-based Maxis was the holding company of the Mauritius company through which investments were made. For establishing a nexus we have to know the source of funds and the link has to be established. Ten officials of FIPB [Foreign Investment Promotion Board] have also been examined.”

When Justice Radhakrishnan asked, “Do you feel any of the persons named in the FIR in the Maxis-Aircel case is delaying the investigation,” counsel said, “A politically and economically powerful person in Malaysia is delaying the probe. We have sent a Letter Rogatory and clarifications had also been given, but a further clarification had been sought from the CBI and they wanted to know whether there is any evidence, which is uncalled-for.”

He said the Mauritius government was extending full cooperation and the delay was on the part of Malaysia in giving information. To a question from the Bench, he said Malaysia was bound by the Mutual Legal Assistance Treaty, yet there was delay in its furnishing the information.

According to the First Information Report registered by the CBI last year, Sivasankaran (who had originally sought spectrum licence) was forced to sell Aircel. In March 2006, the Maxis group owned by Malaysian business tycoon T. Ananda Krishnan bought 74 per cent stake in Aircel. The company got FIPB approval in May 2006. In November 2006, the Department of Telecommunications issued to Aircel 14 Letters of Intent, all of which were converted into licences in December 2006. Within three months of this development, Mr. Maran’s family owned business (Sun Direct) received substantial investment from the Maxis Group (Aircel), which took 20 per cent equity. The FIPB approved this investment on March 2 and 19, 2007. The Maxis group invested a total of Rs 599.01 crore in Sun Direct between December 2007 and December 2009.

Arguments will continue on Thursday.

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November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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