Justice Delayed…Justice Denied???
In a democratic republic country like India where the Preamble of our Constitution states something relevant, even after 60 years of independence, people find it very difficult to say the f-word! And that‟s nothing but FREEDOM. In a country like in India, where traditional steps are maximum times overshadowing the modern minds of the youth, where are the scopes of expressing freedom of our life? For a democratic country like India, the judiciary becomes a core part in shaping justice to the people who are in die need of it, but injustice is becoming the core sector to escape the truth and sometimes we can‟t even find what‟s the truth even after repeated trials. Sometimes even after knowing the truth we keep ourselves quiet and mum with the circumstances. If we are ourselves not aware of these facts which may help us to express our points then don‟t you think that it will take more than 300 years to clear the nacklog of cases in India? Dont‟t you think that the criminal cases are too much stagnant in nature and some cases take too much time (even a lifetime) to check the truth?Don‟t you think that criminal justice system is in die need of a complete overhaul? I do think so! Why? Let me show you some examples from our own country! Jessica Lal Case : A tragic situation where it is clearly shown how justice has been delayed as well as denied. She was shot dead in a Delhi bar in full view of several people. It was on the basis of their statements that police built the case against the culprit Manu Sharma and he, himself fled the crime scene and remained on the run for days, something he would have been unlikely to do had he been innocent. But as time went by, witnesses to the murder suddenly became unable to identify him as the killer so he is already out on bail and would have been probably remained free.
Aarushi Talwar Case : Aarushi Talwar, daughter of a dentist couple was found dead with her throat slit in her bedroom of her flat around May 2008. Suspect was believed to be the house servant Hemraj who was also found dead on the terrace of Talwar‟s house. After double murder, no matter how many times the number of lie-detection tests and CBI investations had been carried out, it took a timespan of almost three years to prove that Aarushi‟s father Rajesh Talwar is the prime suspect though the motive of the murder is still unknown.
Ruchika Girhotra Case : The longest case till date is this molestation which happened during August 1990 which eventually lead to her suicide. Even if the culprit is a mere Inspector General of Police in Haryana (and later on kept on being promoted), but it was due to the injustice and over-harassments caused by this SPS Rathore (the culprit) that took 19 years, 40 adjournments and more than 400 hearings after which the court announced Rathore guilty and sentenced him to six months imprisonment;though CBI extended it to a maximum of two years imprisonment. Not only Ruchika, but also her younger brother Ashu was tortured and
still no justice is being delivered to some common people of the country. even after repeated harassment and even after repeated cases. Or even it is delivered but a long timespan of delay is taken which is actually not meant to be so. Do you all know that in 2010 February. The reason one goes to court is to get justice. and “Justice Delayed is Justice Denied”…
. “After 19 years. the criminal has been found guilty but all he got as punishment was 6 months in prison. But what was the final impact? The case was brought up for debate in Parliament. what is the main common thing to be found out? Even after losing someone very dear. dismissed it as a “frivolous issue“. Within 10 minutes of conviction. when asked about the case. a man attacked SPS Rathore with a pocket knife when he was walking out of the court.finally made Ruchika commit suicide. Rathore would be stripped off his police medal and Former Haryana CM Om Prakash Chautala.
In all these cases. Is it not a shame for all of us?” asked CPI (M) leader Brinda Karat. How slow a process should litigation be? Should it keeping jumping from court to court? Litigations should not be perennial. he was out on bail.
Do you actually have a heart for those who are murdered or harassed without any justice? Then shout and speak…oppose and raise a voice against the injustice. eradicating the injustice and seeding awareness in every heart and soul. We are servants of our own country and should take pride in cleaning the same. We are citizens of India and we are bound to protect the words of the Constitution. So come forward if you are a victim of injustice because JUSTICE DELAYED IS OBVIOUSLY JUSTICE DENIED!!!
The CBI had opposed Rathore's plea and had sought an enhancement of his sentence from six months to the maximum of two years after his conviction. the Supreme Court granted bail to S P S Rathore on the condition that he should not leave Chandigarh.
Ruchika Girhotra was a student in Class X A (Batch of 1991) at Sacred Heart School for Girls in Chandigarh. the victim.S.C Girhotra. Ashu. Chandigarh District Court on May 25 sentenced the disgraced former police official to one and a half years of rigorous imprisonment. She had one brother. S. the court finally pronounced Rathore guilty under Section 354 IPC (molestation) and sentenced him to six months imprisonment and a fine of Rs 1. India. Rathore) in Haryana. her family.P. Her mother died when she  was ten years old. was a manager with UCO Bank. after 19 years. On 11 November 2010.
. 40 adjournments. Her father. 2009. After she made a complaint.000. enhancing his  earlier six-month sentence and immediately taken into custody and taken to the Burail prison. Rejecting his appeal against his conviction by a Central Bureau of Investigation (CBI) special court. and more than 400 hearings. and her friends were systematically harassed by the police leading to her eventual suicide. On December 22.The Ruchika Girhotra Case involves the molestation of 14-year-old Ruchika Girhotra in 1990 by the Inspector General of Police Shambhu Pratap Singh Rathore (S.
When she refused. On August 12 (Sunday). Sewa Singh is currently the Assistant Station House Officer of Pinjore police station. Born in 1941 and a 1966-Batch Indian Police Service officer of the Haryana Cadre. She is now a practising lawyer. He immediately grabbed her hand and waist and pressed his body  against hers. after Ruchika's father and brother had to leave Panchkula due to harassment.
. He has not  reported for work since the sentencing of Rathore created national headlines. and Rathore was alone with Ruchika. Rathore rebuked Aradhana loudly. He was the founding president of the Haryana Lawn Tennis Association. He then asked Aradhana to go out of his room and personally bring the coach with her. Thomas) to his room. as its office. Ruchika told Aradhana everything that happened. August 14. Panchkula. Vigilance and Security. It was at this point that the girls decided to tell their  parents about the incident. His son. He lives in Ratpur  colony in Pinjore. went to play at the lawn tennis court and met Rathore in his office (in the garage of his house). they did not go to play tennis. On seeing her. built by encroaching on government land. The next day. Rathore visited Ruchika's house and met her father S. However. Action by local authorities later led to the tennis court being reduced to a badminton  court. Ajay Jain is also serving as his counsel. On August 11. As head of the Haryana Lawn Tennis Association. but she managed to run out. Girhotra. Priyanjali. they changed the time of practice to avoid Rathore. Sub-Inspector Prem Dutt and Assistant Sub-Inspectors Sewa Singh and Jai Narayan of the Crime Investigation Agency (CIA) Staff Office in Mansa Devi tortured Ashu under the directions of  Rathore. He is an advocate withCox &  Kings in Mumbai. along with her friend Aradhana (Aradhana Prakash). A few young girls played  in this court. But Aradhana returned and witnessed what was going on. asking her to bring the coach. Molestation Ruchika was a promising tennis player. and played till 6:30 pm. but he continued molesting her. 1990. along with her friend Aradhna Prakash. told them Rathore had called them to his office. when he molested Ruchika. Ruchika tried to push him away. and  Rathore used the garage of his house at 469 Sector 6. Panchkula.Ruchika. Rathore released Ruchika and fell back in his chair. was Ruchika's classmate. Rathore promised to get special training for Ruchika. Rathore's daughter. Both girls did not tell anybody at first. Ajay Jain is another counsel for  Rathore. Patloo. Rathore asked Aradhana to call the tennis coach (Mr. Rathore was on deputation to Bhakhra Beas Management Board as Director. He requested that Ruchika meet him the following day in connection  with this. Supreme Court lawyers Pankaj Bhardwaj and  Meet Malhotra fought the case for free since 1996. the ball picker. was enrolled as a trainee at the Haryana Lawn  Tennis Association (HLTA). Rathore's wife Abha is an advocate. The house used to have a clay tennis court behind it.  He insisted that Ruchika stayed in his room. The following day. Aradhana left. used to practice law at the Punjab and Haryana High Courts. C. Rahul. She defended his case from the beginning. She practices law in  Panchkula and Chandigarh from her office in Sector 6. On seeing both of them. Aradhna's parents Anand and Madhu Prakash attended over 400 hearings. as they were leaving. Ruchika.
They staged dharnas outside  the office and home of R R Singh. on May 28. The school actively plotted against Ruchika. Rathore enjoyed the patronage of  both the Hukam Singh and the Om Prakash Chautala governments.
. and. the government preferred departmental action. mostly parents of tennis players. Nehru. K. Then. no action was taken. accepted to the magisterial inquiry that she personally issued instructions for the removal of Ruchika's name from school  register. Jagjeet Singh Tikka organised a large group of men to  shout slogans in front of Ruchika's house and harass her family. discussed the matter with the Home  Minister and asked DGP Ram Rakshpal Singh to investigate. who failed to forward it to the Chief Minister   for necessary action. It recommended that an FIR be filed immediately against Rathore.  who was her classmate. 1991. Harassment On September 20. gathered at the residence of Anand Prakash. No notice was given to Ruchika for nonpayment of fees. father of Ruchika's friend Aradhana. Chandigarh.Following this. 1990. Ruchika had studied there from Class I. Ambala district. Rathore allegedly paid some residents of Rajiv Colony (a slum) in Panchkula and also garnered the support of people from his community in Naraingarh. R. It is not grounds for expulsion. Instead of filing an FIR as recommended by the report. suggested in 1992 that state government was not competent to issue the chargesheet. two weeks after the inquiry indicted Rathore. the inquiry report submitted by R R Singh to Home Secretary J K Duggal  indicted Rathore. and decided that some strong action must be taken by way of bringing up the matter with higher authorities. issued a chargesheet against Rathore. who. The school's brochure states that non-payment  of fees can only lead to being disallowed to take exams. A magisterial inquiry has found that there were 135 similar cases of non-payment of fees at Sacred Hearts. 1990. It has been alleged that Ruchika was expelled to avoid embarrassing Rathore's daughter Priyanjali. Ruchika was expelled from her school. Sacred Heart School for Girls. Rathore was enjoying support from all the Chief Ministers and was using his influence and loop holes  in the system to escape possible conviction. the government's legal remembrancer. Of the 17 cases of late fees in 1990. The principal of the school. but met Home Secretary J K Duggal. as is the school's normal procedure. The Home Secretary who replace Duggal never followed up on the report. the C M Bhajan Lal's office referred the case  to the chief secretary for advice. at least 8 students paid their fees later than Ruchika did. Duggal forwarded the report to the Home Minister Sampat Singh. The report also revealed that an ex-MLA. on August 17. On September 3. Ironically. but no action was taken  against them. The school had actually refused to accept her fees. Ruchika's expulsion from school was later used by Rathore's lawyers to question her character. who still occupies the office. Panchkula residents. in Sector 26. Sister Sebastina. but Ruchika was the only student ever expelled on these grounds. the defaulters included Rathore‟s daughter Priyanjali. However. They could not contact either the Chief Minister Hukum Singh or Home Minister Sampat Singh. Eventually. 1990. The official reason for her expulsion was non-payment of fees. insisting that an FIR be registered.
Ashu was picked up again on November 11. Singh is now the Inspector General of Police (Training) in Haryana and works at the  Chandigarh Head Office. 1993. There. Rathore also arrived there. and then she herself. had ten civil cases filed against her by Rathore. Sister Sebastina only  appeared before the inquiry after five days. he was tortured by Sub-Inspector Prem Dutt and Assistant  Sub-Inspectors Jai Narayan. challenge the government orders and was  given relief by the court and cleared of all the complaints. which were used by the police to show his "confessions" that he stole 11   cars. On September 23. Whenever she went out she was followed and  abused by Rathore's henchmen. he sent  special teams from Bhiwani to raid houses of several of his complainants. and their minor daughter Aradhana. Ruchika's then 13-year-old brother.The school tried to stall the magisterial inquiry into Ruchika's dismissal. Ashu. Rathore then threatened her. Ashu was taken to his house and beaten mercilessly in front of Ruchika by Rathore. A roller. After her expulsion. Five theft cases against Ashu were registered by Sub-Inspector Prem Dutt The cases were filed when KP Singh was the Superintendent of Police. Ruchika confined herself indoors.
. was picked up in the market place near his house by police in plain clothes. While still in illegal confinement. He would not be released until after his sister's suicide. murder and civil defamation were filed against Ruchika's father and her 10-yearold brother Ashu. Ashu was paraded in handcuffs in his  neighbourhood. was rolled on his legs and thighs after four constables boarded the roller. He was  kept in this uncomfortable position for an extended period of time. who is the sole witness in the molestation case. however. False cases of theft.one criminal and another civil  demanding compensation of Rs. Rathore also filed two cases against each of the journalists who had reported on the matter . After some time. When Rathore was heading the vigilance team in the Haryana State Electricity Board (HSEB). Rathore then instigated more than 20 complaints against him. He did. He was not given food or water for days at a stretch and was beaten mercilessly. They drove him in a jeep to the Crime Investigation Agency (CIA) Staff Office in Mansa Devi. He  was repeatedly told to convince his sister to withdraw her complaint. He was tortured again and was unable to walk due to the beatings. Ashu was then tortured further. He was eventually given premature retirement. would face the same fate. He was allegedly forced to sign on blank papers. referred to by the  police as "Mussal'. His feet were tied with a weight. saying that if she did not take back the complaint. Ambala. He was suspended from his job for some time and demoted to Superintendent Engineer. the lawyer who took up Ruchika's case. 1993. 1 crore each. Rathore deployed policemen in plainclothes in front of Ruchika's  house to keep an eye on the family. She received abusive and threatening calls for months until she got married and left for  Australia. Anand Parkash worked as Chief Engineer in the Haryana State Agriculture Marketing Board and had a spotless record until this incident.  her father. Aradhana. was slapped with two court  cases by Rathore -a defamation case and a case for compensation. Singh later provided Rathore's advocates a statement absolving  Rathore. Pankaj Bhardwaj. Cases were filed against Anand Parkash. Singh has been named in  an FIR filed by Ashu. The Chandigarh authorities threatened the school with  legal action if they continued to stall the investigation. his wife Madhu. His hands were tied on his back and he was made to bend.
Ashu was allegedly unconscious in CIA lock-up. After 3 years. urging him to take strict action against Rathore in the case. a resident of Bihar. in 2000. he finally obtained it in 1997. In the inquest and the postmortem report. No action was taken on the inquiry report. Ruchika's father was suspended from his job as bank manager. He had been stripped naked and beaten the previous night by drunk policemen. 1998. where he was running a dhaba. had been arrested by the Panchkula Police for a car theft and police claimed he had named Ashu as his accomplices.
In November 1994. on charges of alleged  corruption. The Girhotra's one-kanal bungalow in Sector 6 Panchkula was forcibly sold to a lawyer working for  Rathore. Anand Parkash started trying to get copy of the report. Ruchika  consumed poison. wrote a letter to Om Prakash Chautala. In Oct 1999. Singh later absconded and was named a  proclaimed offender. Gajinder Singh. and in November. This was to ensure that anyone  reading the report would not know it pertains to Ruchika. who was then vice-president of the BJP. when Bhajan  Lal was the chief minister. They moved to the outskirts of Simla. Rathore was promoted. and had to take up  earth filling to make a living.
  
Just a few months later. who was still in illegal police  custody. Rathore threw a party that night to celebrate. was “just wastepaper”. still  unconscious. At this time. 1993. the INLD government led by Om Prakash Chautala made Rathore the police chief (DGP)  of the state.No charges were ever framed in any of these cases filed against Ashu. The blank papers were later used by the police to establish that the family had accepted  Ruchika's forged autopsy report. moved the Punjab and Haryana High Court. Shanta Kumar. the High Court directed the CBI to conduct an inquiry. He has been arrested by a team of Haryana Police assisted by their Pune  counterparts on January 9. after coercion from Rathore. Rathore also threatened to kill Ashu. She died the next day. defended the decision. who as then Home  Secretary. Rathore was promoted to additional DGP in November 1994. saying he had “ no hesitation to pinpoint that nothing is on record to prima facie indict the accused” and that the disclosure statement  made by the main accused. her family moved out of Chandigarh.
The Panchkula Chief Judicial Magistrate exonerated Ashu in 1997.  and her father's name was changed to Subhash Chander Khatri. His name was even recommended for a President‟s Police Medal For Distinguished  Service by the same government in November 1999. days after Ashu was paraded in handcuffs in his locality. Birbal Das Dhalia. On August 21. Rathore refused to release Ruchika's body to her father Subash unless he signed blank sheets of paper. Suicide On December 28. The government closed the case filed against Rathore less than a week after her death. Gajinder Singh. after Ruchika's last rites were over. He was brought back to his house. saying there was no chargesheet. Unable to bear the harassment. the name Ruchika was replaced with her nickname Ruby. 2010 from the Baner Road area.
Anand Parkash. Rathore argued that Prakash had no standing to move the court . the family was living in Sector-2. Despite the CBI chargesheet. 2001. 2001. Justice K. by justice Mehtab Singh Gill on December 12. However. On December 13. the CBI Judge underlined witness statements. the Chautala government allowed Rathore to continue as police  chief. Kathuria of the Punjab and Haryana High Court dismissed the CBI court's decision to register an FIR against Rathore for abetment to suicide. The High Court had ordered completion of investigation of the case and filing of chargesheet  expeditiously. Chautala's Indian National Lok Dal was an alliance partner. Dhanjal was forced to take premature retirement  two years later. more than a year passed before the CBI  filed a chargesheet. the CBI filed a charge sheet against Rathore.
The HC then referred the inquiry to sessions judge Patiala. However. including those of Ruchika‟s father. friend Aradhana and others in adding  Section 306 (abetment) of IPC against Rathore. But Rathore approached the Supreme Court and got the high court order quashed on technical  grounds. Shanta Kumar was the Minister for Consumer Affairs in the NDA government at the  time. On September 3. “preferably within six months”. in February 2002. In his 21-page judgement. On November 16. Abetment to suicide was inexplicably  not included. At the time of making the statement. Chautala complained to then Prime Minister Atal Bihari Vajpayee about it. Ashu
Ashu's case had reached before the HC following suo motu cognizance taken of a media report  highlighting his plight. CBI
On August 21. 1998. The chargesheet was filed only under Section 354 (molestation). claiming the lack
. New  Shimla. Rathore filed an affidavit in 2001 denying the allegations. The then chief justice  had referred the matter before a division bench comprising justice N K Sodhi and justice N K Sood. the division bench voiced support for compensation to Ashu for the  harassment caused to him at the hands of Panchkula police. Ashu detailed the  torture he was put through to a Patiala Sessions Court. 2000. Special CBI Judge Jagdev Singh Dhanjal demanded that the offence be added.However. The case was put to hearing in the CBI special court in Ambala from November 17. instead of acting on the letter. While deposing before the division bench. However. C. 2002. counsel for Anand Parkash moved an application demanding the addition of abetment to suicide (306 of IPC) against Rathore. 2000. 2000. This was his first statement since the family was forced to leave Panchkula. the Punjab and Haryana High Court directed the CBI to conduct an inquiry. On October 8. in a scathing judgment on October 23. The hearings in  Ambala would continue till May 2006. Ashu stated that he had undergone inhuman treatment at the instance of Rathore and the Panchkula police.
with whom  he was engaged in a property dispute. In his reply filed in February 2006. said Rathore was tracking the case. Rajesh Ranjan.  The case was then transferred to Patiala. after furnishing a bail bond of Rs. he started getting frequent visits to his office from Rathore. had served as secretary of the Haryana Lawn Tennis Association which was  floated by Rathore. the case was transferred from the Ambala court to CBI Chandigarh. special judge  J. For example. Again when the case was at the last stage. the defence counsel took nine months to complete  examination of 13 out of the total 17 witnesses. The sentence  was suspended until January 20. Incredibly. S S Lakra. Once the file arrived at Singh's desk. 2006. In December. said he did not object to the transfer. On November 5. 2010. Rathore accused the then Special CBI Judge of Patiala. 2009. Rakesh Kumar Gupta. Rathore visited multiple times in 1998. Singh also found out that Rathore had also approaced the Investigating Officer for the case. CBI's Deputy Superintendent of Police. the then Additional Superintendent of Police. He was granted bail minutes after the sentencing. Rathore had the case transferred. the CBI took 7 years to record evidence from 16 prosecution witnesses. Rathore's  wife Abha has said they will be appealing the sentence on January 4. The grounds claimed was that Rathore  knew Ritu's father and that Rathore's son Rahul was a friendly with Ritu. on January 23. and offered to provide building materials and other assistance. Rathore also used other technical grounds like demanding that the trial be videographed to cause  more delays.  Rathore enjoyed access to all levels of the CBI since he was DGP. Kathuria who is an associate of Rathore. Surprisingly. gave its verdict and on December 21. New Delhi. he later claimed that the long delays were grounds for a reduced sentence. Justice Kathuria is now the President of the Haryana State Consumer Disputes Redressal Commission. who was CBI Joint Director in 1998 and retired in 2001.000. In another glaring conflict of interest. Rathore tried to use his influence with the CBI. P. Rathore had learnt that Singh was constructing a house in Gurgaon. When he failed to influence the officers. R M Singh. Justice Kathuria was a neighbour of the Girhotras. Impact
. after filing the chargesheet in 2000. Rathore moved an application demanding transfer of trial from Ambala CBI Special Magistrate Ritu Garg to any other court. trying to influence the CBI to clear him on all charges.10. of overawing the defence witnesses and scolding Rathore. the court closed all final arguments. The application was moved when evidence of only two prosecution witnesses was remaining.apart from one in high court and the Supreme Court as well. Punjab and Chandigarh . Around 15 applications were accepted in Punjab and Haryana High Court on behalf of Rathore. On the other hand. the CBI didn‟t object. Ironically. This time also the CBI did not object to transferring the case to  Chandigarh.S. 2010. Sidhu pronounced a six-month jail sentence and a fine of Rs 1000 to Rathore. allegedly so the case would "conclude expeditiously". Ruchika's was one of the few cases heard in three subordinate courts of three different states: Haryana.of a complaint regarding harassment. a  strategy meant to delay the case. he was also a close relative of O.
"After 19 years.
However. Uttar Pradesh. was taken by a committee. Is it not a shame for all of us?" asked CPI (M) leader Brinda Karat. attacked Rathore with a pocket knife as Rathore walked out of the court. Television grabs show Sharma stepping up and stabbing Rathore in the face 2 times while missing a third stab before being over powered by the police. given to the police officer for meritorious service in August.
Society / Opinion
WEB | JAN 27. Within 10 minutes of conviction. Former Haryana C. a resident of Varanasi. After the public outcry over the case. he was out on  bail. and prejudice that drove a 14-year old to the most desperate solution c Indian Penal Code. corruption. Attack
on Shambhu Pratap Singh Rathore
On February 8.M Om Prakash Chautala. who will be stripped off his police medal. the power of the law seems to be limited to grabbing hold of the DGP SPS Rathore." Ruchika's father has blamed Chautala for  actively supporting Rathore as he harassed his family. Chautala backtracked and accused the courts and the ruling Congress Government in  Haryana of "letting Rathore off with a light punishment. the criminal has been found guilty but all he got as punishment was 6 months in prison. a man. 1985. The decision to take back Rathore's police medal. when asked about the case. Rathore was rushed to a nearby hospital and the attacker was taken into custody.The case was brought up for debate in Parliament. Aradhna Parkash has started a signature drive to reopen the case. identified as Utsav Sharma. 2010. 2010
A Requiem for Ruchika
The official and unofficial networks of sexism.
. dismissed it as a "frivolous issue". Television grabs also show a constable holding the weapon of attack with her bare hands with  disregard for the sanctity of its use as evidence. It was during his rule that Rathore was promoted to DGP for Haryana.
In the last 20 years in India selective abortion and c brought the national average down. Can human rights and jus steroidal growth of the nouveau bourgeoisie? The Indian Penal Code (IPC) was instituted by the British t inherited the loot and exploits of a multinational company. A convic the access to due process. The school kicked Ruchika out. and prejudice that drove a 14-year old to the m by rewriting a few articles of the Indian Penal Code. Whether that systemic change post-global India‟s economic and political choices is another matter altogether. He is smiling. An entire demography that has deemed female life as easily expendable simply can
. So. smirking couple – SPS Rathore and his wife (who is also his la media spotlight. let us shed our childlike sense o smiling. and have not been comatose for the past 30 persecution that Ruchika Girhotra and her family have experienced lacks. corruption. his deluded comparison of himself with Nehru. and confident in their unwavering faith in a broken system. or should lack.RINI BHATTACHARYA MEHTA COMMENTS TEXT SIZE
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“I learnt from the greatest son of India (Jawaharlal Nehru) to smile when in adversity … I will smile mor
reacting to the m
Rathore was not kidding. And they have continued to s gave an early Republic Day gift to every angry Indian who is not a sexual predator: interim bail for an alr and videos of the arrogant public servant. simply because it could. illegal expulsion of Ruchika from Sacred Heart School really that shockin schools in India describe the men and women of the cloth who teach in these schools as inspired less by M is unfair to expect compassion or good sense from zealots in general. and the protests who have the power to turn the wheels of justice represent the paradox called post-global India. with his wife by his side. mainstream media in the past few w change and comprehensive reforms in the area of justice and human rights. Ruchika‟s story unfolded in a region which has the lowest sex ratio in India (Haryana with 861 w overall Indian average of 927 women for 1000 men). simply because he can. and does little to alleviate our everyday existence on th
It is perhaps more practical to talk less about a radical shift in the political paradigm and more about gend animal. The independent nation-state of India inherited the Code from the B but through a bloody Partition and Acquisition that left more losers than winners in its wake. Successive d have used the IPC. the almost unchanged colonial bureaucracy. and Punjab and Haryana have emerged as toppers on this list. More than ever. and the police forces to protect and projec that did not happen in the era of less corporate influence and fewer discordant political voices certainly fa modernity that renders the new middle-class access to news-channels and websites does not have an exist the former turns us into spectators and consumers.
The official and unofficial networks of sexism. and maj dowry deaths as well. Thomas Babington Macaulay – who was to In chaired the Commission that wrote it. the element of s justice to be served? Are they naïve or just indefatigable optimists? Do they also believe in Santa Claus a of surprises: was the unethical. and this too in front of the camera! And how can we not feel admiration for the rapidly shrinking half of Haryana and Punjab‟s population – fearlessly defending a convicted criminal in c
To all who have ever seen India‟s police and courts in action. Variations of a photograph that was av verdict in December 2009 showed a smug.
AS-23 „Accounting for Investments in Associates in Consolidated Financial Statements‟ and AS-27. i. 5. 4. It has all the political capital at home and in the world to gain. upon migration to the National Telecom Policy (NTP 1999). or not. including taxes & duties (net of cenvat credit). 2006.e. The leasehold improvements are amortised over the remaining period of lease or the useful Entity Country of Principal Service Relationship Shareholding as Incorporation at March 31. Tu but it is a good political bargain for the moment: India gets to keep its SEZs. Rajiv Gandhi had used political power to turn the clock back in the Shah Bano case in 1986. („as amended‟) and consolidated as per Para 2 below for the year ended March 31. 1. 1956 to reflect the financial position and the results of operations of the Group.
The significant accounting policies adopted by Bharti Airtel Limited („Bharti Airtel‟ or the Company) and its subsidiaries. 1956. GOODWILL Goodwill is stated as an excess of the purchase consideration over Bharti Airtel‟s interest in the n et identifiable assets acquired. whichever is higher. 2010 Bharti Infratel Lanka Sri Lanka Passive Infrastructure Services Subsidiary of 100% Private Limited a Subsidiary Bharti Infratel India Passive Infrastructure Services Subsidiary of 100%* Ventures Limited Bharti Infratel Limited
. has been capitalised as an asset and the one time license fee paid by the Group for acquiring new licences (post NTP-99) (basic. BASIS OF PREPARATION These consolidated financial statements have been prepared to comply in all material respects with notified accounting standards by Companies (Accounting Standards) Rules. Financial Reporting of Interests in Joint Ventures notified under Companies (Accounting Standards) Rules. India has nothing to lose but over the centuries.sensitivity that victims of sexual violence require. („as amended‟) and the relevant provisions of the Companies Act. 2010. Leasehold land is amortised over the period of lease. Which is why perhaps it was easy for Sacred Heart to e Punjab and Haryana High Court to continue giving Rathore a free pass. The accounting policies have been consistently applied by the Group and are consistent with those used in the previous year. Goodwill is amortised over 10 year period from the date of acquisition. The intangible component of license fee payable by the Group for cellular and basic circles. cellular. Haryana‟s dismal record in gende and unrelated phenomena. In case the acquired company does not have a Licence. are set out below. DEPRECIATION / AMORTISATION Depreciation on fixed assets is provided on the straightline method based on useful lives of respective assets as estimated by the management or at the rates prescribed under schedule XIV of the Companies Act. Goodwill is carried at cost less accumulated amortisation and is amortised on a straight-line basis over the remaining period of the service licence of the acquired Company. FIXED ASSETS Fixed Assets are stated at cost of acquisition and subsequent improvements thereto. sell all the Bauxite it wants. 2006. and associates (hereinafter referred to as the “Group”) in respect of these Consolidated Financial Statements. strive towards more gender equality and emerge as the leader it wants to be. it cannot be too hard to pass a Bill in the Parliament that protects children ( pension and other benefits for the „molesters/rapists in uniform‟ and makes the PNDT Act of 1994 foolpro the past. freight and other incidental expenses related to acquisition and installation. Capital work-in progress is stated at cost. These consolidated financial statements are prepared under the historical cost convention on the accrual basis of accounting and reporting requirements of Accounting Standard („AS‟) 21 „Consolidated Financial Statements‟. national long distance and international long distance services) has been capitalised as an intangible asset. joint ventures. Site restoration cost obligations are capitalised when it is probable that an outflow of resources will be required to settle the obligation and a reliable estimate of the amount can be made.
It is time the elected leaders of world‟s most populous democracy asked a strategic question: is it or is it n gender justice swiftly with political intervention? With the amount of anger brewing right now and with t current government possesses. Entry Fee. y Country of Principal Service Relationship Shareholding as 3.
V. Revenue for use of sites is recognised as and when the services are rendered. The Group combines its share of the joint ventures‟ individual income and expenses. have been accounted for as subsidiaries. net of discount. b) The equity and net income attributable to minority shareholders‟ interest are shown separately in the Balance Sheet and Profit and Loss Account. jointly owned entities. rent.“Accounting for investments in associates in consolidated financial statements”. e) Inter-Company balances have been eliminated in the consolidation. Revenue on account of bandwidth service is recognised on time proportion basis in accordance with the related contracts. the effect of such increase is recognised on
. respectively. from sale of goods is recognised on transfer of all significant risks and rewards to the customer and when no significant uncertainty exists regarding realisation of consideration. The consolidated financial statements are prepared using uniform accounting policies for like transactions and other events in similar circumstances. @ Represents holding of Bharti International (Singapore) Pte Limited. Passive Infrastructure Services Service income includes revenue from use of sites/assets and reimbursement of energy charges. Enterprise Services (Erstwhile Enterprise Services – Carrier Segment and Enterprise Services .Corporate Segment) Revenue. Ltd Warid Telecom International Ltd Bangladesh Mobile Services Subsidiary 70% # Bharti Airtel International Netherland Investments Subsidiary 100% @ (Netherlands) B. Service Revenues includes access charges recovered from other operators. Revenue. d) The Group‟s interests in Associates are accounted for using equity method in accordance with Accounting Standard (AS) 23 . net of discount. from sale of goods is recognised on transfer of all significant risks and rewards to the customer and when no significant uncertainty exists regarding realisation of consideration. security and maintenance charges. Telemedia Services (Erstwhile Broadband & Telephone Services) Service revenue is recognised on completion of provision of services. a) For the purpose of this consolidation. revenues from registration. Registration fees is recognised at the time of dispatch and invoicing of Start up Kits. Service Revenue includes access charges recovered from other operators.. * Represents holding of Bharti Infratel Limited # Represents holding of Bharti Airtel Holdings (Singapore) Pte Limited. where Bharti Airtel or its subsidiaries own directly or indirectly more than 50 percent of voting rights of a Company‟s share capital. installation and provision of Internet and Satellite services. If the payment terms in the service agreements include fixed escalations. Installation charges are recognised as revenue on satisfactory completion of installation of hardware and service revenue is recognised from the date of satisfactory installation of equipment and software at the customer site and provisioning of Internet and Satellite services.Bharti Teleports Limited India Uplinking Channels for Broadcaster Associate 49% Alcatel Lucent Network India Telecommunication network Associate 26% Management Services operations and transformation services India Limited Bharti International Singapore Investments Subsidiary 100% # (Singapore) Pte. Reserves arising on dilution of equity in a subsidiary company is shown separately as „Reserve arising on dilution of Equity in Subsidiary Company‟ under the head „Reserves and Surplus‟. c) The Group‟s interests in jointly controlled entities are accounted for by proportionate consolidation. assets and liabilities and cash flows on a line -byline basis with similar items in the Group‟s financial statements. and is net of discounts and waivers.
Pay per view revenue is recognised when the event is viewed. and is net of discounts and waivers. as applicable. or balance lease period as applicable.
. Revenue from prepaid calling cards packs is recognised on the actual usage basis. are deferred and amortised over the related estimated customers relationship period. REVENUE RECOGNITION AND RECEIVABLES Mobile Services Service revenue is recognised on completion of provision of services. Revenue is recognised on the completion of Provision of Services. Processing fees on recharge is being recognised over the estimated customer relationship period or voucher validity period.straight line basis over the fixed. as derived from the estimated customer churn period. The Entry Fee capitalised is amortised over the period of the license and the one time licence fee is amortised over the balance period of licence from the date of commencement of commercial operations. recognised over the period of service net of service tax and entertainment tax. Depreciation rates adopted by the Company are as follows:
Useful lives Leasehold Land Period of lease Building 20 years Building on Leased Land 20 years or period of lease. Revenue. from sale of goods is recognised on transfer of all significant risks and rewards to the customer and when no significant uncertainty exists regarding realisation of consideration. whichever is lower Plant & Machinery 3 to 20 years Computer & Software 3 years/ 5 years Office Equipment 2 years/5 years Furniture and Fixtures 5 years Vehicles 5 years Customer Premises Equipment Over Estimated Subscriber Life
Software up to Rs 500 thousand is written off in the financial year placed in service. Others Service revenue is recognised on completion of provision of services and on transfer of all significant risks and rewards to the customers and when no significant uncertainty exists regarding realisation of the consideration. non-cancellable term of the agreement. as applicable. For Other Services. Subscription Revenue & Other Services Subscription revenue from DTH subscription services is lives of assets. 6. whichever is lower Leasehold Improvements Period of lease or 10 years. Service revenue includes income on roaming commission and an access charges recovered from other operators. The site restoration cost obligation capitalised is depreciated over the period of the useful life of the related asset. net of discount. Fixed Assets costing upto Rs 5 thousand are being fully depreciated within one year from the date of acquisition. not exceeding the activation revenue. whichever is shorter. Bandwidth capacity is amortised on straight line basis over the period of the agreement subject to a maximum of 18 years. Activation Income Activation revenue and related direct activation costs. other than Customer Premises Equipments which are depreciated over the estimated subscriber life.
Dividends are accounted for when the right to receive the payment is established. 9. 7. Net realizable value is the estimated selling price in the ordinary course of business and the estimated costs necessary to make the sale. Revenue for this purpose is defined as adjusted gross revenue as per the respective license agreements. Cost is determined on First in First out basis.
. and Long Distance services provided from the bill cycle date to the end of each month. Non-monetary items which are carried in terms of historical cost denominated in a foreign currency are reported using the exchange rate at the date of the transaction. INVESTMENTS Current Investments are valued at lower of cost and fair market value determined on individual basis. The Company provides for obsolete and slow-moving inventory based on management estimates of the usability of inventory. Long term Investments are valued at cost. INVENTORY Inventory is valued at the lower of cost and net realisable value. Broadband and Telephone. Provision for doubtful debts The Group provides for amount outstanding for more than 90 days in case of active subscribers. or in specific cases where management is of the view that the amounts from the operators are not recoverable. Provision is made for diminution in value to recognise a decline.Investing and other Activities Income on account of interest and other activities are recognised on an accrual basis. or in specific cases where management is of the view that the amount from certain customers are not recoverable. For receivables due from the other operators on account of their National Long Distance (NLD) and International Long Distance (ILD) traffic and Interconnect Usage charges (IUC). These are billed in subsequent periods as per the terms of the billing plans. if any. 8. LICENCE FEES – REVENUE SHARE With effect from August 1. The group provides for receivables outstanding for more than 105 days for site sharing debtors for passive infrastructure. the Group provides for amount outstanding for more than 120 days from the date of billing. the variable Licence fee computed at prescribed rates of revenue share is charged to the Profit and Loss Account in the period in which the related revenues are recognised. 10. 1999. by applying to the foreign currency amount the exchange rate between the reporting currency and the foreign currency at the date of the transaction Conversion Foreign currency monetary items are reported using the closing rate. Accrued Billing revenue Accrued billing revenue represents revenue recognised in respect of Mobile.FOREIGN CURRENCY TRANSLATION. ACCOUNTING FOR FORWARD CONTRACTS & DERIVATIVES Initial Recognition Foreign currency transactions are recorded in the reporting currency. net off security deposits. other than that of temporary nature. and non-monetary items which are carried at fair value or other similar valuation denominated in a foreign currency are reported using the exchange rates that existed when the values were determined. roaming receivables and for entire outstanding from deactivated customers. net of any amount payable to the operators.
Both the employee and the employer make monthly contributions to the plan at a predetermined rate (presently 12%) of the employees‟ basic salary.Exchange Differences Exchange differences arising on the settlement of monetary items or on restatement of the Company's monetary items at rates different from those at which they were initially recorded during the period/year. income and expense items are translated at exchange rate at the date of transaction for the year. which are also defined contribution schemes recognised and administered by the Government of India. which is a defined contribution plan. The Group‟s contributions to both these schemes are expensed in the Profit and Loss Account. Exchange difference on forward contracts which are taken to establish the amount other than the reporting currency arising due to the difference between forward rate available at the reporting date for the remaining maturity period and the contracted forward rate (or the forward rate last used to measure a gain or loss on the Bharti Airtel Annual Report 2009-10 131 In translating the financial statements of a non-integral foreign operation for incorporation in financial statements. both monetary and non-monetary are translated at the closing rate. are recognised in the Profit & Loss account in the year in which the exchange rate changes. ‘The Effects of Changes in Foreign Exchange Rates’ Exchange differences on forward exchange contracts & plain vanilla currency options for establishing the amount of reporting currency and not intended for trading & speculation purposes. are recognised as income or as expenses in the period/year in which they arise as mentioned below. some employees of the Group are covered under the employees‟ state insurance schemes. or reported in previous financial statements. Any profit or loss arising on cancellation or renewal of such forward exchange contract is recognised as income or expense for the year. These contributions are made to the fund administered and managed by the Government of India. In addition. The Group has no further obligations under these plans beyond its monthly contributions. Superannuation benefits are recorded as
. 11. a defined contribution plan which is administered through Life Insurance Corporation of India (“LIC”). and all resulting exchange differences are accumulated in a foreign currency translation reserve until the disposal of the net investment. (b) All employees of the Group are entitled to receive benefits under the Provident Fund. (c) Some employees of the Group are entitled to superannuation. Foreign exchange contracts for trading and speculation purpose Foreign exchange contracts intended for trading and/or speculation are fair valued on a mark-to. Forward Exchange Contracts covered under AS 11. the assets and liabilities.EMPLOYEE BENEFITS (a) Short term employee benefits are recognised in the year during which the services have been rendered.market basis and any loss on such valuation is recognised in the Profit & Loss Account for the year. The premium or discount arising at the inception of forward exchange contracts is amortised as expense or income over the life of the contract.
Embedded Derivative Instruments The Group occasionally enters into contracts that do not in their entirety meet the definition of a derivative instrument that may contain “embedded” derivative instruments – implicit or explicit terms that affect some or all of the cash flow or the value of other exchanges required by the contract in a manner similar to a derivative instrument. Translation of Integral and Non-Integral Foreign Operation The financial statements of an integral foreign operation
. Any reduction to fair values and any reversals of such reductions are included in Profit and Loss statement of the period/year. all outstanding embedded derivative instruments are fair valued on marked-to-market basis and any loss on valuation is recognised in the Profit & Loss account for the period/year. Any gain on marked-to-market valuation on respective contracts is not recognised by the Company. to hedge its risks with respect to foreign currency fluctuations and interest rate exposure arising out of import of capital goods using foreign currency loan. The Gratuity Plan provides a lump sum payment to vested employees at retirement or termination of employment based on the respective employee salary and years of employment with the Group. At every year end all outstanding derivative contracts are fair valued on a marked-to-market basis and any loss on valuation is recognised in the Profit and Loss Account. „Disclosure of Accounting Policies‟. carried at fair value as a trading or non-hedging derivative instrument. The actuarial valuation is done as per projected unit credit method. (d) Short term compensated absences are provided for based on estimates. stand-alone instrument with the same terms would qualify as a derivative instrument. non-embedded instrument with the same terms as the embedded instrument would meet the definition of a derivative instrument. ‘The Effects of Changes in Foreign Exchange Rates’ The Group enters into various foreign currency option contracts & interest rate swap contracts that are not in the nature of forward contracts designated under AS 11 as such and contracts that are not entered to establish the amount of the reporting currency required or available at the settlement date of a transaction. The Group assesses whether the economic characteristics and risks of the embedded derivative are clearly and closely related to the economic characteristics and risks of the remaining component of the host contract and whether a separate. on each contract basis. Any reduction in mark-tomarket valuations and reversals of such reductions are included in profit and loss statement of the period/year. Long term compensated absences are provided for based on actuarial valuation. the embedded derivative is separated from the host contract. (e) The Group provides for gratuity obligations through a defined benefit retirement plan (the „Gratuity Plan‟) covering all employees.an expense as incurred. not in the nature of AS 11. At every period/year end. Other Derivative Instruments. The Group provides for the Gratuity Plan based on actuarial valuation as per the Projected Unit Credit Method in accordance with Accounting contract for an earlier period) are recognised in the Profit and Loss Account for the period/year. When it is determined that (1) the embedded derivative possesses economic characteristics and risks that are not clearly and closely related to the economic characteristics and risks of the host contract and (2) a separate. keeping in view the principle of prudence as enunciated in AS 1.
14. Finance Income is recognised based on a pattern reflecting a constant periodic rate of return on the net investment of the lessor outstanding in respect of the lease. Assets acquired on „Finance Lease‟ which transfer risk and rewards of ownership to the Group are capitalised as assets by the Group at the lower of fair value of the leased property or the present value of the minimum lease payments or where applicable. 13. Finance leases as a dealer lessor are recognised as a sale transaction in the Profit and Loss Account and are treated as other outright sales. Deferred tax is measured at each balance sheet date based on the tax rates and the tax laws enacted or substantively enacted. b) Where the Group is the lessor Lease income in respect of „Operating Lease‟ is recognised in the Profit and Loss Account on a straightline basis over the lease term. The actuarial valuation is done as per projected unit credit method. (g) Actuarial gains and losses are recognised as and when incurred. The finance charge is allocated over the lease term so as to produce a constant periodic rate of interest on the remaining balance of liability.TAXATION Current Income tax is measured at the amount expected to be paid to the tax authorities in accordance with Indian Income Tax Act. Amortization of capitalised leased assets is computed on the Straight Line method over the useful life of the assets. Leases which effectively transfer to the Company substantially all the risks and benefits incidental to ownership of the leased item are classified as finance lease. are classified as operating leases. Deferred income taxes reflects the impact of current year timing differences between taxable income and accounting income for the year and reversal of timing differences of earlier years. The Group makes annual contributions to the LIC for the Gratuity Plan in respect of employees at certain circles.are translated as if the transactions of the foreign operation have been those of the Group itself. Lease rental payable is apportioned between principal and finance charge using the internal rate of return method. 1961. Standard 15 (revised). up to the date of commencement of commercial operations of the circle or the new venture or business. Deferred tax assets and deferred tax liabilities across various countries of
. (f) Other Long term employee benefits are provided based on actuarial valuation made at the end of each financial year. Lease Rentals with respect to assets taken on „Operating Lease‟ are charged to the Profit and Loss Account on a straight-line basis over the lease term. 12. not directly attributable to fixed assets are charged to the Profit and Loss Account in the year in which such expenditure is incurred.LEASES a) Where the Group is the lessee Leases where the lessor effectively retains substantially all the risks and benefits of ownership of the leased term.PRE-OPERATIVE EXPENDITURE Expenditure incurred by the Group from the date of acquisition of license for a new circle or from the date of start-up of new venture or business. estimated fair value of such assets. “Employee Benefits‟‟. c) Initial direct costs are expensed in the Profit and Loss Account at the inception of the lease.
22. after adjusting for the effects of potential dilutive equity shares unless impact is anti dilutive.EMPLOYEE STOCK OPTIONS OUTSTANDING Employee Stock options outstanding are valued using
.BORROWING COST Borrowing cost attributable to the acquisition or construction of a qualifying asset is capitalised as part of the cost of that asset.PROVISIONS Provisions are recognised when the Group has a present obligation as a result of past event. all deferred tax assets are recognised only if there is virtual certainty supported by convincing evidence that they can be realised against future taxable profits. accordingly.WARRANTY & ASSET RETIREMENT OBLIGATIONS (ARO) Provision for Warranty and ARO is based on past experience and technical estimates. the group has not accounted for fringe benefit tax. Other borrowing costs are Bharti Airtel Annual Report 2009-10 133 outstanding during the year is adjusted for the events of share splits/bonus issue post period end and. The diluted EPS is calculated on the same basis as basic EPS. These are reviewed at each balance sheet date and adjusted to reflect the current best estimates. in respect of which a reliable estimate can be made. abolished „Fringe Benefit Tax‟ effective April 1. Provisions are not discounted to its present value and are determined based on best estimate required to settle the obligation at the balance sheet date. 21. Finance Act 2009. Deferred tax assets are recognised only to the extent that there is reasonable certainity that sufficient future taxable income will be available against which such deferred tax assets can be realised. and reverse share split (consolidation of shares). the said asset is created by way of a credit to the Profit and Loss Account and shown as MAT Credit Entitlement. The Group reviews the same at each balance sheet date and writes down the carrying amount of MAT Credit Entitlement to the extent there is no longer convincing evidence to the effect that Group will pay normal Income Tax during the specified period. 2009. In the period / year in which the MAT credit becomes eligible to be recognised as an asset in accordance with the recommendations contained in guidance Note issued by the Institute of Chartered Accountants of India.MISCELLANEOUS EXPENDITURE Premium on redemption of debentures is recognised as an expense in the Profit and Loss Account over the period of the related contract. 20. the EPS is restated for all periods presented in these financial statements. share split. In situations where the Group has unabsorbed depreciation or carry forward tax losses.operation are not set-off against each other as the Group does not have a legal right to do so. Unrecognised deferred tax assets of earlier years are re-assessed and recognised to the extent that it has become reasonably certain that future taxable income will be available against which such deferred tax assets can be realized. Accordingly. 16. The weighted average number of equity shares outstanding during the period are adjusted for events of bonus issue. 15. it is more likely than not that an outflow of resources will be required to settle the obligation. bonus element in a rights issue to the existing shareholders. Minimum Alternative tax (MAT) credit is recognised as an asset only when and to the extent there is convincing evidence that the Group will pay normal income tax during the specified period.
23.CASH AND CASH EQUIVALENTS Cash and Cash equivalents in the Balance Sheet comprise of cash in hand and at bank and short-term investments.Black Scholes /Lattice valuation option – pricing model and the fair value is recognised as an expense over the period in which the options vest.