Abhyaas Law Bulletin - May 2013 | Organized Crime | Indian National Congress

May 10th, 2013


Abhyaas Law Bulletin …
For the quintessential CLAT aspirant
The Scoop Of The Month

Ashwani Kumar changed scope of coal enquiry: CBI

The Editor’s Column Dear Student, Welcome to the May edition of the Abhyaas law Bulletin. The CBI’s flip-flops in the ‘Coal Allocation Scam’ continued in the Supreme Court with its latest affidavit saying that the Law Minister, AG and officials of the PMO did see the draft report and made some changes. This is completely different from its earlier stance that nobody saw the report. It is to be seen how the Supreme Court will react to this. One more UPA minister was caught in a controversy after Railway Minister Pawan Bansal’s nephew was arrested by CBI in a bribery case of appointment to the Railway Board. The Supreme court upheld the death sentence of a Khalistani terrorist saying the delay in disposing the mercy petition cannot be reason for commuting death sentence in terrorism cases while at the same time it commuted the death sentence of Mahendranath Das to life imprisonment because the decision on his mercy petition took 12 long years. Congress had some good news from the south as it regained Karnataka from the BJP. The BJP was crushed with the split in its votes after Yeddyurappa quit the party. Wish you the very best for CLAT 2013. Happy Reading !

CBI Director Ranjit Sinha told the Supreme Court that Law Minister Ashwani Kumar made changes in the CBI’s draft status report (DSR) on the ‘coal allocation scam’ case. He deleted a sentence that defined the scope of CBI’s enquiry to include the legality of coal allocations. In a fresh affidavit, Mr. Sinha claimed that the Minister only saw the DSR on the preliminary enquiry (Priliminary Enquiry- PE2 that dealt with allocations between 2006 and 2OO9). Mr. Kumar deleted from the draft report a finding about the screening committee not preparing any broad sheet or chart about the applicants and a sentence about the “scope of enquiry with respect to legality of allocations while amendments in law were in process.” The nine-page affidavit gave details of the meetings which took place among the CBI officials, the Law Minister, the Attorney-General(AG), the then Additional Solicitor General, Harin Raval, and officials of PMO and the Coal Ministry. Mr. Sinha’s submission contradicts the stand taken by the Minister and the AG, who had refuted the allegation that they had suggested changes in the draft report. (Contd….)

(Rakesh Dubbudu)
Index: Page 2: National Page 3: International

Page 4: Spotlight

The Law Bulletin…


Page 1

May 10th, 2013 National: It also said “the tentative finding about the nonexistence of a system regarding allocation of specific weightage/points was deleted at the instance of the officials of the Prime Minister’s Office (PMO) and the Ministry of Coal. The change made in the final status report pertaining to PE4 about non-existence of approved guidelines for allocation of coal blocks was incorporated at the instance of PMO officials and Ministry of Coal, as the same was factually correct.” The affidavit said that a few changes were made as per the suggestion of the Attorney General G. E. Vahanvati, and officials of the PMO and the Ministry of Coal. The CBI Director also submitted in a sealed cover the changes made in the DSRs but said “it is difficult at this stage to attribute each change to a particular person with certainty.” The affidavit was silent on the specific query from the court asking to name those who asked for the changes. It said “majority of these changes were done by the CBI officers in order to refine the reports either on their own or in consultation with the Additional Solicitor General [Mr. Harin Raval, who resigned] and his assisting advocate or by the Union Law Minister.” On Mr. Raval’s submission in the court on March 12 that “the status report dated March 8 has not been shared with anyone and it is meant only for the court,” the affidavit said the submission was not made on the CBI’s instructions and the ASG had made the statement on his own. accomplice, Narayan Rao Manjunath, managing director of the Bangalore-based G.G. Tronics India Private Limited, a company engaged in manufacturing signal products and automation railway components. 2G: JPC term extended The Lok Sabha extended till the monsoon session the time for submission of the report of the joint parliamentary committee (JPC) looking into 2G spectrum allocation. The resolution in this regard, was moved by panel chief P.C. Chacko. The decision was arrived at after he held consultations over the issue with the committee members, including of the Bharatiya Janata Party (BJP). The panel was expected to submit its report in the budget session that ends May 10. But that was not possible as the draft report, which has blamed former telecom minister A. Raja but cleared Prime Minister Manmohan Singh and Finance Minister P. Chidambaram of any wrongdoing in the allocation of spectrum, has divided the panel. The JPC meeting on April 25 to finalise the draft report was postponed due to the death of Trinamool Congress MP Ambica Banerjee. A fresh date for the meeting is yet to be decided. The same day, as many as 15 opposition members, including former UPA allies DMK and Trinamool Congress, wrote separate letters to the speaker that they had “no confidence” in Mr. Chacko as the panel chief and he should be removed. In a counter attack, six Congress members also wrote to the speaker seeking the removal of the BJP members — Yashwant Sinha, Jaswant Singh and Ravi Shankar Prasad — from the panel. They cited conflict of interest as all three were either ministers or part of group of ministers on telecom during the NDA rule from 1998-2004. Last week, Lok Sabha Speaker Meira Kumar rejected both the demands and urged the warring JPC members to sink their differences and adopt the report. 5-year jail for IPS officer The Special Anti Corruption Bureau of Maharashtra sentenced a former Deputy Inspector General of Police to five years of rigorous imprisonment for accepting bribe from his junior officer for protecting him in a departmental inquiry.

Mahesh Kumar struck Rs. 10 crore deal for post: FIR Railway Board Member (Staff) Mahesh Kumar, arrested in Mumbai by the Central Bureau of Investigation, allegedly struck a Rs. 10-crore deal with the nephew of Railway Minister Pawan Kumar Bansal and his associates for appointment as Railway Board Member (Electrical). He agreed to make an interim payment of Rs. 2 crore to secure additional charge of General Manager (Western Railway and Signal and Telecommunication) until he got the lucrative posting. Mr. Kumar was promoted to his present position a few days ago, but was not happy with it, according to the FIR. Since the alleged middlemen involved in the conspiracy claimed that they would get the job done through their contacts in the Railway Ministry, the CBI is probing the identity of the Ministry officials and industrialists who were in touch with them. The bribe was financed on Mr. Kumar’s behalf by his alleged

The Law Bulletin…


Page 2

May 10th, 2013 Delay no ground for mercy in terror cases: SC Long delay by the President or the Governor in disposing of mercy petitions of persons convicted under anti-terror laws or similar statutes cannot be a ground for commutation of the death sentence, the Supreme Court held. A two-judge bench gave this ruling while rejecting the plea of Khalistani terrorist and death-row convict Devinderpal Singh Bhullar in a judgment that paves the way for his execution and may have a bearing on the fate of over 20 convicts facing execution. Among those whose execution has been stayed are three in the Rajiv Gandhi assassination case, though the Supreme Court had finally ruled that the killing of Rajiv Gandhi was not a terrorist act and taken the case out of the purview of the TADA. However, four associates of outlaw Veerappan are in a Karnataka prison after conviction under the TADA. The Bench of Justices G. S. Singhvi and S. J. Mukhopadhaya said the Supreme Court’s earlier judgements holding that long delay might be one of the grounds for commutation of the death sentence could not be invoked in cases where a person was convicted for offences under the TADA or similar statutes. “Such cases stand on an altogether different plane and cannot be compared with murders committed due to personal animosity or over property and personal disputes,” the Bench said. Giving examples, the court said if murder was committed in an extremely brutal or dastardly manner, giving rise to intense and extreme indignation in the community, the court might be fully justified in awarding the death penalty. Bride-burning for the sake of money or greed was another example. In Bhullar’s case, the Bench agreed that there was considerable delay in disposal of his mercy plea. Much of the delay could be attributed to the “unending spate of petitions” filed on behalf of the prisoner. “It is paradoxical that the people who do not show any mercy or compassion for others plead for mercy and project delay in disposal of mercy petition as a ground for commutation of the sentence of death,” the Bench said. 12-year delay gives life to death row convict The Supreme Court commuted to life imprisonment the death sentence awarded to Mahendra Nath Das, whose mercy petition was rejected by the President after a 12-year delay. A Bench of Justices G.S. Singhvi and S.J. Mukhopadaya allowed Das’ plea for commutation on the ground of inordinate delay. He filed the petition against a judgment of the Gauhati High Court, which rejected his challenge. A fortnight ago the same Bench rejected a similar petition filed by Devender Pal Singh Bhullar on the ground that the plea could not be entertained in cases involving terrorist activities. Das contended that the delay in deciding his mercy petition and the President giving his assent to the death sentence resulted in excruciating agony and trauma for almost 12 years for no explainable reason. Read this article to understand more Organised crime worth $90 bn a year in East Asia Organised crime gangs dealing in fake goods, drugs, human trafficking, and the illicit wildlife trade earn nearly $90 billion annually in East Asia and the Pacific, a U.N. report showed. “Transnational Organised Crime in East Asia and the Pacific: A Threat Assessment” is the most comprehensive study ever undertaken of the subject, said the UN Office on Drugs and Crime. It estimates that the top money-makers for criminal groups are the trade in counterfeit goods ($24.4 billion), illegal wood products ($17 billion), heroin ($16.3 billion) and methamphetamines ($15 billion). Fake medicines ($5 billion), the black market trade in used electronics components to avoid legitimate recycling ($3.75 billion) and the illegal wildlife trade ($2.5 billion) also rank highly. Migrant smuggling and the trafficking of women and girls for prostitution or general labour also earn crime bosses hundreds of millions of dollars each year. RBI to start plastic money project on trial basis The Reserve Bank of India (RBI) is likely to start the introduction of plastic notes on a trial basis, according to K. C. Chakrabarty, Deputy Governor, RBI. “We have to introduce the plastic notes,” he said. It would first start with notes of Rs.10 denomination and continue with other small denominations. However, Mr. Chakrabarty did not specify when the project would start, merely saying “Not tomorrow.”

The Law Bulletin…


Page 3

May 10th, 2013

This month in pictures:

M. F. Farooqui took charge as the secretary of Department of Telecommunications (DoT).

Telugu writer Ravuri Bharadwaja was selected for the prestigious Jnanpith award for the year 2012.

Bharti Enterprises Chairman Sunil Bharti Mittal has been appointed as Vice-Chairman of the International Chamber of Commerce (ICC).

Archana Bhargava has been appointed Chairman and Managing Director of United Bank of India (UBI).

The former Chief Justice of India, J.S. Verma passed away.

Former Chief Election Commissioner and Former Governor of Karnataka V S Ramadevi passed away.

Spotlight: Chanakya National Law University (CNLU), Patna
CNLU is located in the ancient city of Patna, capital of Bihar, India. It was established under the Chanakya National Law University Act, 2006 (Bihar Act No. 24 of 2006) and included in section 2(f) of the U.G.C. Act, 1956. Admission to the B.A.LL.B. (Hons.) Programme is made strictly on the basis of merit as assessed through a Common Law Admission Test (CLAT). The total number of seats is 140 (Out of a maximum of 140 seats, 10 seats are meant for Foreign Nationals/NRI's/NRI Sponsored.). Other than the undergraduate program, CNLU also offers LLM as well as Post Graduate Diplomas in fields ranging from, Cyber Law & ADR to Intellectual Property Law. The University aims at providing quality legal education and promoting legal awareness in the community at large in order to realise some of the goals envisaged in our Constitution. CNLU’s aim is to evolve and impart comprehensive legal education at all levels to achieve excellence, which can only be done through active learning through teacher-student interaction and internal and continuous assessment of students. The college has shown strong Potential by being one of those colleges with tremendous growth in terms of Infrastructure etc. The students of CNLU have access to many of the online law journals. Many activities take place on the campus including moot courts. The university boasts of a well equipped library with a huge collection of books.

Feel free to write to: lawprep@abhyaas.in

We don’t wish to print this journal, save paper, avoid printing.

The Law Bulletin…


Page 4

Sign up to vote on this title
UsefulNot useful