Vyapam scam: Supreme Court orders CBI to probe all cases

The Apex Court's order transferring all Vyapam-related cases to the CBI came after the state government gave its consent to shifting investigation from the Special Investigation Team (SIT) and the Special Task Force (STF).

It issued notice and sought response of Centre and the state government on a plea for removal of Madhya Pradesh Governor Ram Naresh Yadav for his alleged involvement in the scam. The court also issued notice to the Governor.

A bench headed by Chief Justice H L Dattu clarified that all cases will be transferred to the CBI from Monday and the agency will file its report before it on July 24.

Before handing over the probe to the CBI, the Apex Court took on record the submission of Attorney General Mukul Rohatgi, who on behalf of the MP government, said that the state has no objection on transferring the investigation of cases relating to Vyapam scam to CBI and the cases related to the deaths of people allegedly related to the scam for free and fair probe.

"The Attorney General (AG) on instruction states that MP govt has no objection whatsoever for transferring the investigation of criminal cases relating to Vyapam scam to the CBI and the cases related to deaths of those allegedly connected with the scam for free and fair probe,” the bench said.

"We appreciate the stand of the AG. In view of the above we transfer investigation of all criminal cases relating to Vyapam scam and death of people allegedly related to it, to CBI," the bench also comprising Justices Arun Mishra and Amitava Roy directed.

Source:  Hindi News  and Newspaper in Hindi

NJAC issue: SC notice to advocate for 'irresponsible' PIL

A five-judge constitution bench headed by Justice J S Khehar directed Sharma to respond within a week why he should not be "debarred" from canvasing any public interest litigation(PIL).

"Having considered the content in the writ petition, we consider it to issue show cause notice to the petitioner (Sharma) why he should not be debarred from canvasing any PIL on account of irresponsible and scandalous allegations levelled by him in the petition," the bench, also comprising Justices J Chelameswar, M B Lokur, Kurian Joseph and Adarsh Kumar Goel, said in its order.

The bench noted that Sharma files PILs regularly in the Apex Court.

"You think you can make allegations against anyone at any place. This is not a political platform. You are making rubbish statement," the bench said and also referred to the petition challenging the National Judicial Appointment Commission(NJAC) Act in which he has mentioned many names and figures.

Source: Latest News

Blackmoney: Income Tax department files 121 cases against HSBC account holders

Sources said the cases have been filed in courts in Delhi, Mumbai, Bangalore, Ahmedabad and Goa before the closure of the just concluded financial year 2014-15 on March 31.

A report in this regard has also been sent to the Special Investigation Team (SIT) on black money which is now compiling all the figures and data to present an action taken report

before the Supreme Court on or before May 12.

Sources said the complaints were filed under I-T laws for tax evasion after investigations into these cases found that these individuals or entities were 'wilful' defaulters and had allegedly hidden their incomes by illegally keeping in the Swiss bank, from the taxman.

"About 121 cases have been filed before the March 31 deadline as after this time period these cases would have got time-barred and thus could not be legally prosecuted by the department.

The total undisclosed income brought to book in this particular case is approximately Rs 4,800 crore till now," the sources added.

Source: Latest News

Supreme Court issues notice to Advani, others in Babri demolition case

A bench headed by Chief Justice H L Dattu issued notices to the BJP leader and the CBI on a separate plea filed by Haji Mahboob Ahmad, one of the petitioners in the Babri mosque case.

Ahmad, in his plea, has alleged that CBI may dilute its stand in the wake of the change in the government at the Centre.

Earlier, the CBI had moved the Apex Court against Allahabad High Court's verdict on dropping conspiracy charge against Advani and 19 others in Babri mosque demolition case.
  
During the brief hearing, CBI on Tuesday sought time for filing a fresh affidavit on delay in filing the appeal and on the merits of the case.

Find Latest News from Latest India News

Jat reservation: Delegation to meet PM Modi today

"We will be meeting Prime Minister Narendra Modi and party President Amit Shah tomorrow," the Rural Development Minister told reporters here.

Asked what could be the next step in view of the Apex Court order, he said, "While we respect the court's verdict, but we will explore other options that include filing a review petition..."

Singh, a prominent leader of the BJP from Haryana who also belongs to the Jat community, also said that it is high time that all outstanding issues between Haryana and Punjab, including water, are resolved.

He said BJP government is ruling both at the Centre and in Haryana and is in coalition in Punjab. "Therefore, this is the right time to resolve the issues between both states which would ensure betterment of both states," he said.

Meanwhile, Chief Minister Manohar Lal Khattar said the state government is sensitive towards the interests of Jat community and assured full support and cooperation on the issue of reservation within the framework of law, a Haryana government release said here.

Find Latest News from Latest India News

Had raised concern in Rajya Sabha three years back over misuse of IT Act: Jaitley

"Powers are, normally, assumed under these rules on the assumption that they won't be misused. We feel the pinch only when they are misused. Therefore, I would urge the (IT) Minister to kindly reconsider the language of the kind of restraints that he wants to bring as a result of this notification," read Jaitley's post on the social media website quoting from the said speech.

Jaitley had made the remarks while participating in a debate on Information Technology (Intermediaries Guidelines) Rules, 2011, under the Information Technology Act, 2000, in the Upper House on May 17, 2012.

The guidelines were introduced by the previous UPA government to fix accountability of websites, internet and other companies for hosting information that may be found to be offensive.

Supreme Court on Tuesday struck down Section 66A of IT Act saying it was "unconstitutional" and could have a "chilling effect" on freedom of speech and expression.

Find Latest News from Latest India News

Section 66 A of IT Act: Most parties welcome SC decision; JD(U), Sena disagree

JD(U) leader  Sharad Yadav disagreed saying that though he respects judiciary, it was wrong to strike down the "good" provision as freedom of speech does not mean "freedom to abuse" while Shiv Sena felt it would weaken the hands of law enforcement agencies.

The Left parties and Aam Aadmi Party accused both BJP and Congress of taking the "same anti-democratic position" on the issue in the court.

Former Union Minister P Chidambaram, who was part of the UPA government that introduced the controversial provision in 2008, welcomed the Supreme Court judgement holding Section 66A of the IT Act as unconstitutional, saying it was poorly drafted and misused.

Find Latest News from Latest India News

Supreme Court quashes Centre's decision to include Jats in OBC quota

"We set aside the notification to implement Jats in the Central list of Other Backward Classes (OBC)," a bench of Justice Tarun Gogoi and Justice R F Nariman said.

The bench also found fault with the Centre's decision to overlook the findings of the National Commission for Backward Classes (NCBC) stating that Jats do not deserve to be included in the Central list of OBC as they don't form socio-economic backward class.

"Caste, though a prominent factor, cannot be the sole factor of determining the backwardness of a class," the bench said, while referring to the historic judgement rendered by a larger bench on the implementation of the Mandal Commission recommendations on OBC reservations.

The bench also said the "possible wrong inclusion of a class in the past cannot be a basis for the further wrong inclusion."

Find Latest News from Latest India News

Shelter for homeless: SC asks Centre to call meeting of states

A three-judge bench headed by Chief Justice H L Dattu also asked the Urban Development Ministry to "find out ways and means to provide necessary temporary shelter to all homeless people in the entire country."

"It is desirable that a responsible person of the Urban Development Ministry will call a meeting of chief secretaries of all the states to find out what steps they have taken in implementing the scheme of urban homeless people," the bench, also comprising justices Madan B Lokur and A K Sikri, said.

It said that a report, giving details of the actions taken so far, be filed within three weeks and the meeting of the Chief Secys has to be convened within 10 days.
  
During the brief hearing, the bench said that it will not hear the matter relating to homeless persons in the national capital as the Delhi High Court is already seized of it and has been monitoring the development in the case.

Perusing the affidavit filed by some of the states, the bench said, "We can make out nothing from the affidavit. It's not clear as to what they have done."
  
The counsel for Delhi, however, said that 231 night shelters have been set up in the national capital and out of them, 84 are permanent and they can provide shelters to 17,000 homeless people here. 

Source: Latest India News and News

Rajiv Gandhi assassination case: SC reserves order on convicts' plea

A three-judge bench headed by Chief justice P Sathasivam reserved the order after hearing the arguments of counsel appearing for three convicts -- Santhan, Murugan and Perarivalan, and Attorney General G E Vahanvati who represented the Central Government.

   

The AG contended that it was not a fit case for the Apex Court to commute death sentence on the ground of delay in deciding mercy plea.

   

Admitting that there has been delay in deciding the mercy petitions, Vahanvati, however, contended that the delay was not unreasonable, unexplainable and unconscionable to commute death penalty.

   

He further submitted that the apex court's recent verdict, holding that inordinate and inexplicable delay can be ground for commutation, is not applicable in this case as the condemned prisoners did not have to go through agony, torture and dehumanising experience as it was held in the January 21 judgment.

   

The counsel, appearing for the convicts, opposed the arguments of Vahanvati, saying that they have suffered due to the delay by the government in deciding the mercy petitions and the apex court should intervene and commute their death sentence to life term.

   

The convicts, in their petition, submitted that mercy plea of other condemned prisoners, which were filed after them, were decided but their petitions were kept pending by the government.

The apex court had in May 2012 decided to adjudicate the petitions of Rajiv Gandhi killers against their death penalty and had directed that their plea, pending with the Madras High Court, be sent to it.

   

The court had passed the order on a petition by one L K Venkat seeking transfer of their plea out of Tamil Nadu on the ground that free and fair hearing would not be possible in the state due to the surcharged atmosphere in favour of the convicts.

   

The Madras High Court had earlier stayed their hanging slated for September 9, 2011 and issued notice to the Centre and the Tamil Nadu government.

   

Their main contention was that the delay of 11 years and four months in disposal of the mercy petitions made the execution of the death sentence "unduly harsh and excessive," amounting to violation of their right to life under Article 21 of the Constitution.

   

The Apex Court had on January 21 ruled that delay by the government in deciding mercy plea of death row convicts can be a ground for commuting their sentence and had granted life to 15 condemned prisoners, including four aides of forest brigand Veerappan.

   

The court had held that prolonging execution of capital sentence has a "dehumanizing effect" on condemned prisoners who have to face the "agony" of waiting for years under the shadow of death during the pendency of their mercy plea.

(Agencies)

Source: Latest News