Download 1 - Central Bureau of Investigation

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UNDER SCANNER
SFIOs Saradha scam report
likely to reveal clear money trail
SFIO's report, which
will be submitted by
the first week of
July, will also be
shared with the CBI
Shyamal Sen.
SFIO
force to investigate the case.
asked
over
on
12 May,
federal investigating agen-
The
se
the
by
tion
Serious Fraud Inves-
tigation Office
(SFLO) is
vestigation
submit its report
multi-crore Saradha
the first week of July,
to
of the
retaries
ments related
the
criticized Sebi and the Reserve
ponzi
consortium of a large number
of companies that was running
Bank of India saying that the
fraud might not have occurred
had the two agencies been vig-
Multi-crore fraud In April last year, Soradha collapsed, causing an esti
nutted loss of more than 2,000 crore to 1.7 million s,nall
investors.
several collective investment
schemes.
forensic unit of SFIO traced the
dered
Saradha was one of eastern
Saradha Realty India to
money trail from the servers of
close all its collective
the Saradha Group. Lie did not
and
firms
comment on the exact quantum of money involved.
within three months.
-
Both people are privy to the
asked not to be
One of the
report
and
named.
SFIO
porate
collies
affairs
two people said
under the cor-
ministry.
are a few small tech-
that SFIO has found verifiable
trails of how funds
fun-
nical,
nelled into and out of
a "cenon "a daily basis.
(the
This person added that
the report will be
were
tral pool'
money
from investors was
to
a
complex web
but
tricky
issues
that
need to be sorted outwith Sebi
Securities
Board
and
of India),
Exchange
after
which
finalized
and
di-
submitted," the second person
of
said. He did not elaborate on
the nature of issues that are
companies at the end of every
day "for purposes other than
holding
those it was intended".
termed them "minor".
This person claimed that the
ilant.
On 4
june, CBI said it had
registered 46 first
India's biggest deposit-taking
the
to the case.
In April, the Supreme Court
a
of
and
made a formal re
quest for the transfer of docu
scheme being run by the Kolkata-based
Saradha Group,
contents
the
directors general
of West Bengal
Odisha and
matter
The fraud was caused by
so-called
May,
looking into
Team
and
of police
independently confirmed.
collapse of a
20
the case had met the chief sec-
the events, two people with di-
rect knowledge
On
team.
agency said that a Special In-
showing a clear money-trail of
verted
Supreme
take
cy set up the special investiga-
NW DELHI
raised
to
following which,
the
fraud
the
CBI
the investigation into the case,
AMAN MALIK
on
May,
9
On
Court
By
investigating
started
the case in April last year. On
25 April 2013, it set up a task
On 23
up
the
report,
April 2013,
but
Sebi or
refund
The
schemes
money to investors
SFIO report,
Odisha and three in West Bengal.
once sub-
Some of the
mitted, will also be shared with
by
the Central Bureau of Investi-
chairman
gation
(CBI)
which
is investi-
the fraud after a directive from the Supreme Court.
gating
In
April last year,
sortium
collapsed,
'estimated
2,000
small
loss
crore
of
to
investors.
information
reports (FIRS) in the case out
of which 43 were registered in
the con-
CBI
Sudipta
Sen,
and managing direc-
tor of the Saradha Group; Debjani
Mukherjee, director of the
group; their business associate
Arvind Singh Chouhan; Trina-
causing an
more than
mool
1.7
Kumar
million
people booked
include
Congress
member Kunal
Rajya
Nagel,
Saradha Realty;
Sabha
Ghosh; Manoj
director
esti-
by a
comthe
Datta, vice-president of Sarad-
chairmanship of former Alla-
leader of the Communist Party
habad high court chief justice
of India (Marxist).
mates were
mission
set
given
up
under
and
of
These
Somnath
ha's media group and
former
OUTBURST Says govt asked CBI on dig dirt on him to scuttle his chances to be judge in top court
Fake CBI officers who targeted
businessmen arrested
HT Corespondent
WITH THEIR ARRESTS,
THE POLICE CLAIM TO
HAVE SOLVED TWO CASES
OF CHEATING REGISTERED
RECENTLY AT KAROL
Airbus case
PRESSTRUSTOF INDIA
The visit of aCM team to London to record the statement
of a senior executive of Airbus
has
been delayed.
Qureshi case I-T probes
CBI ex-babu's relative
HI Correspondent
gubernatorial assignments.
Su
ramanium
opts Out, attacks
government
a 'Modi govt
written a letter tothe
withdraw
scared I won't
asthejudgeof thesupreme
Court,' his office said.
Though
toe its line'
officially
June
the
govern-
ment did not say anything
feßureau
New Delhi,
(1.11 to
candidature
on the rejection,
there were reports that its
decision was based on a
25
CB report that raised an
FE
ELING letdown' by
the BJP government
and
Supreme
the
objection
to
stating
Subranianium
that he had met the lawyer
Court over the rejection of
of former telecom minis-
his name, former solicitor
general in the CPA govern.
case,
ment Gopal Subramanium
haswithdrawnhjscandjda-
tore over what he feels is
continued character assassination and
malicious in-
ter and accused in the 2G
A Raja, inside his
chambers along with the
investigativeageney'soffi-
vials. However,
nlum denied
Su&ama-
in the communication to the CJI.
it
sinuations based on halftruths'todiscredithiswork
over alyeara at the bar.
In a letter to the Chief
Justice of India RM Lodha
askinghim towithdraw the
reeonunendationofhiscandidatureasjudgeoftheapex
Subramaniun has
said: "I'm fully conscious
that my hdependenc as a
court,
lawycriseausingapprehen-
sions that
I will not toe the
government line. This fae
tot has been decisive in
re-
Subramanium said a
malicious campaign
was on to discredit
fusingtoappointme,"
He also said that there
was a malicious campaign
on todiscredit himanathat
all charges agaiosthimare
him and that all
charges against
him were false
false. "It's a sad day for the
that it has been
compromised,' he stated,
judiciary
Sourcesciosetohimsaid
that he felt let down by the
government
and
the
The
confl'oversy
rounding
as a Supreme Court judge
refused todie down withthe
Supreme Court which he
rntelugence Bureau
thought did not stand up to
Tuesday
defend
against
him.
name
urn's
Subramani-
was
recomm-
raising
(iB) on
Issues
his
appohitment
citing "personality oddi-
consisting of five senior
ties".The Cm also sought to
link Subramanium to cOr-
judges for elevation to the
porate
ended by
apex
court
the collegium
sur-
his appointment
along
bench
withsomeothernames.But
the government rejected
his name and returned the
file over his name while
clearing the names of Cal
cutta High Court Chief Justine Arun Mtthra, Ocissa
High Court Chief Justice
Adarsli Kumar Cccl and
former
solicitor
genera]
and senior advocate Robin
ton Nariinan for elevatior
totheSupremeCourt.
'in the circumstances,
he
not
(Subramanium)
feel
that
does
his
name
shoujd be reconsidered fot
elevation to the judge of tht
Supreme Court, So he hm
lobbyist Nira Ratha,
sayinghe had received certain favours from
corporates,
also something he
has denied. He further said
that
the
investigation
agency tillrecentlyconsult.
Ed
him on some of its most
sensitive cases.
HC bench recuses
itself from hearing
plea in Adarsh case
Mumbai, June 25: A Bom-
found evidence against the
High Court bench
former Union Home Minis-
bay
Wednesday
on
itself
ter as "deficient and insuffi-
from hearing a petition seek-
cient." The petitioner said
direction to CBI to pro-
the Adarsh Commission, in
evidence during
its report tabled before the
ing
duce entire
its
recused
investigation
Adarsh
into
Housing
the
Maharashtra
Legislature,
Society
had observed that Shinde, in
scam on the basis of which it
his capacity as chief minis-
had given a clean chit to for-
ter, hadfailed to pay attention
mer Maharashtra
toasuggestiongivenbythefi-
chief nUn-
isterSushilkumarShinda
nance
"Not before us" said a Divisionbenchof JusticesVM
allotment
I{anade
and PD Kode when
the petition filed by activist
department against
of land
to
the
Adarsh housing society
The
petitioner further
said that Adarsh Commis-
Praveen Wategaonkar came
upbeforethem.Thispetjtion
s
was tagged onto anotherpe-
note this and acted in undue
tition
which had sought to
make Shinde as an accused
in the Adarsh housing scam
case. The High Court bench
has recused itself from both
these
gaonkar
petitions.
had in
Wate-
July 2013
that "Shinde had failed to
haste to bestow benefit onthe
society"
Maharashtra
govern-
m
a two-member judi-
cial commission,
led by a
retired Bombay High Court
filed the petition seeking to
judge 3 A Patil, with former
make Shinde as an accused.
state chief secretary P Sub-
However, in its reply on
October 9,2013,
the CBI gave
a clean chit to Shinde saying
theyhadprobedthecaseand
ramanian beingthe member,
to investigate the alleged irregularitiesand
corruptioit
PTI
ETSPECIAL INVESTIGATION
CBI I-T Dept
Spar Over
Mom
Qureshi
CBI says it's nothing
serious, but l-Tcliffers
It began with an income-tax raid
earlier this year on Mom
Qu-
reshi, a meat exporter and a
prominent fixture of Delhi's social circles. But what seemed to
be a simple case of alleged tax
evasion has morphed Into a confrontation between two
arms of
the government, CBI and the Income-Tax Department. CBI officials say the whole affair is much
ado about nothing, and that allegedlinks between
Qureshi and
Its former and current chiefs are
largely trivial, But the I-T departsays the connections are
mare serious. It is also not clear
why Qureshi's phones were put
under surveillance and whether
ment
the intercepts, If more of them
leak, could embarrass the rich
and-powerful
as in the Radia
tapes. Rohint Slngh and Aman
Sharma deconstruct the affair
Avery successful corporate lawyer, Subramanium is ironically the
lead counsel of choice for both lB and CBI in all criminal cases
Gopal Subramaiiium is
MeticuloustoaFault
roundingtheeminentlawyer.
SAMANWAVA RAIJTRAY
era! of them said. Subramanium
cast doubt on the investigation
NEW DELHI
carriedoutbytheGujaratpolice.
A successful corporate lawyer,
Subramaniumislronicallythelead
Former Solicitor General Gopal
Subramanium, who withdrew his
The state had kept insisting that
Sohrabuddin was missing, but a
counsel of choice for both TB and
CBI in many criminal cases, belt
a 'dignified, fair' lawyer,
consent to be a Supreme Court
judge,ismeticuloustoafaultWhen
courtnoticeatSubranianium'sper
suasionforced the state to suspend
the Italian marines case, the
Bombay Blasts case and even the
a very persuasive one
a CBI team approached him with
the case files of the Parliament at
tack, which took place in 2(101 dur
several top cops and initiate their
prosecution. The state has stifi not
Kasabcase,whichhefoucj-itfreefor
been able toexplain to the top court
the killing of Kauserbi,
he was forced to resign as S-G. The
resignationwasbecauseofex-law
Sohrabuddin's wife and another
minister Kapi! Sibal's move to
bringinliFNariman In the 2G case
ingthepreviousNDAregixne,he
insisted that the team walk him
through the crime scene before he
decided to take upthe case.
He won that case in court, but the
officials went back to those in the
corridors of power with tales of a!
leged odd behaviour
-
tnessThlsiramPrajapatL
crucla
"I am sure Sohrabuddin has a lot
to do with this, but NDA's assess
mentpredatesthls,"asourcesaid.lt
dates back tothe Parliament attack
going to
case, he said.
ParliamentlnhisMundu,thefradl
tional Tamil dress, in the early
'We necil
hours of the morning, placingrose
petalsatthefeetoftheGandhistat
ue and then claiming that he now
National
Judicial
understoodhowitailbappened.
"Idon'tunderstandhow!canbe
faultedforplacingrosepetalsatthe
Gandhi statue and visiting a crime
scene," he said on Wednesday Ever
sincethen, legalcirclessay,topßJP
leaders have had reservations over
him. Vajpayee was of course the
prime minister then.
Another top lawyer insisted that
tohavea
His report in the
Padmanab
haswamy temp!e
casealsogothima
fair share of flak,
that wasbeing monitored by SC.
Those close to him say he left in
disgust after he was allegedly targeted by a big corporate house in
volved in the case. The govern
ment is also said to have faulted
himforbelngpassiveinthefaceof
claims much of it
Seniorlawyer Arvind Dattar said
is exaggerated. "I
was leaving the place after a short
trip. I was the amicus. But I re
turned as I got a feeling that! was
that he would have been a "very
good" judge. "A pity he has with-
namesbehind
closed doors'
0
v
missing something. Some people
call it the sixth sense," he said. "I
-
- -
anaggressivecourt. Seniorlawyer
Rajußamachandran,acloseMend,
calls him a "dignified, fair" lawyer
averypersuasiveonetoo. "Heis
generous.charitabletoafl,"hesaid.
th
A close friend calls him
the Maharashtra govenmient after
h
g
Subramanium
commission
toexamineall
DIGNIFIED, FAIR
drawn,"he said.
A section of lawyers, however,
blamed the current appointment
process thrthe imbroglio. "The gov
the charges against Subramanium
were "ridiculous". "He has been
fried and convicted in the media
was able to understand much be
cause! knew Sanskrit. We found
gold and silver worth crores (inthe
temple)," he said. His fascination
ernment is onaback-foot under the
presentprocess as it is bound toaccept the names of those suggested
withoutbeinggivenachanceto
withesoterlcsubjectssuchastan
rebutthese silly charges," he said.
tra, cognitive sciences as weli as
"We need to have a National
Judicial Commission to examine
Instead, Subramanium's role as
amicus curae in the Sohrabuddin
mental ifinesses such as schizho
phrenla, bi-polar diseases have
Shellth case was the clincher, sev
added to a sense of mystery sur
bythecolleglum,"he said.
all names behind closed doors
and in complete secrecy," A sen
br lawyer said.
\.
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z
GIVINGPRIORITYTOHOMEAFFAIRS
'
Rajnath Singh Okays MHA
Presentation to PM Modi
Home ministry to say its priority is to reduce Left-wing terror & ensure women safety
Listing Home Priorities
-
NEW DELHI
/t
Union Home Minister Rajnath
Singh has approved a presentation
Mother
demand of
Left-wing extremism violence to
"insignificant levels" and setting
declaring six
communities
up a unified emergency response
in
safety of women,
Anotherlong-standlngdernandof
declaring six communities in
AssamasScheduledTribes(ST)and
creating an auxiliary battalion of
misguided youth and surrendered
terroristslnManipurwillbeacted
upon, the ministry plans to say in
MinistrytoaccOrdprtorityto
'restoring normalcy
to Prime Minister Narendra Modi
later this week In which his minis
try will say its priority is to reduce
'system like "911 in USK to ensure
fl
creating an
auxiliary
battalion of
misguided
youth and
surrendered
terrorists
Manipur
-
tocometoapolicestationanylongen
tofileacomptAlong-pending
"lINL
proposaiofhavingaunifiedemer
gencynumberfQrpolice,ambulance
IMIII
andflre servicesacross the country
like the 911 in USA, will also be fasttracked now, the ministry wifi inform theprime minister.
Left-wingextremismorMaoistvio-
-
Assam
as SB and
'in
in J&l< and ensuring return of
migrants to the Valley
a
-.
- ,I
Piansto achieve
peace accords
with two main
''
I
,
,
insurgent
,
organisations
lence remains the biggest worry for
thegovernmentAsperlatestfigures
upto May3l, 2014 compiled by the
home mmistry violence levels this
yearinMaoist-affectedstatesremain
thesameasintheyear-agoperiod.
Thelßwillprepareastate-wisescenario of Left-wing extremism that
will be presented to the home ministerduringameetingtobechairedby
him with the police chiefs and chief
secretaries of Maoist-affected states
on Friday The ministry's presents-
thepresentation.
will be
Giving ST status to six communi
tieshasbeenademandoftheAssam
acted upon
government as wellas ULFA, which
raised the issue during
peace talks
uponsettingupa"credible"national
with the Centre last year The objec
five behind this is keeping illegally
Population Register aIPR), officials
privy to the details said, admitting
settled Bangladeshi
immigrants at
bay as ST status will ensure land
rights forthe tribes, prevent allena
this could be construed as a vote of
no-confidenceinthe 'Aadhaar'mech
(tNt), with whom negotiations have
been goingonfora longtime, The is
ment, enforcing rights and entitle-
anism of the Unique Identification
publicperceptiohaswellascoordina-
tion of
Authorityofindia.
In the presentation, the ministry
will accord priority to 'restoring
sueof safetyof womeninmetroshas
alsohauntedtheministryforlong.lt
now plans to propose to the prime
ministerthattheproportionofwom
The modernisation of policeforces,
comprehensivepolicereforms,ensur
en in police forces be increased and
online filing of complaints be imple
Ing registration of all complaints as
FIRs and having "smart policemen"
mentedtoensurewomendonothave
arealsopartofthepresentatlon.
land and ensure greater
number of reserved seats for the
communitiesintheAssamassembly
The ministry will also tell the PM
that to curb illegal infiltration into
the country It wifi immediately act
in the Northeast.
ULFA and NSCN (11.4)
identity system using the National
normalcy" in Jammu & Kähmlr
and ensuring return of migrants to
the valley It will also Inform the
prime minister that it will act upon
achieving peace accords with the
twomaininsurgentorganisations in
the Northeast, the ULFA and NSCN
tion to the PM soon thereafter will
say that reduction in Left-wing extremism violence to insignificant
levels will be achieved by measures
Including ensuring security develop-
ments of people, concentrating on
tionbetweenvariousstakeholders,
_
"
.iz4
MORE THAN MEETS THE EYE Officials say phone tapping affair of the hitherto obscure meat
exporter Mom Qureshi could blow up into another Radia tape episode
Conspitacy Cries Fill Air as CBI,
ITT Men Fight Over Qureshi Link
ROHINI
probing the case claim that the case
against Qureshi isa strong one in
SINGU & AMAN SHARMA
NEW DELHI
puhlicby personsciose to Qureslilto
deflectattentionfromtheallegedtax
of a probe agency
evasion, which the officials say is
one of the largest in recent times.
These IT officials also strongly deny
-
Sinha
probe
into the affairs of a hitherto obscure
meat exporter called Mom Qureshi
that theirprobe is motivated by any
c
two epartinents
seemmgly working at cross purpos
es, two unrelated investigations and
c
eous cons era on.
A response to the CE! s letters on
the matter has been approved by
a controversial phone tapping.
ET spoke to almost a dozon people
in the government to piece together
a strange story of how a seemingly
Finance Minister Arun Oakley, I-T
officials said, and wifi be sent soon.
ITofflcialsalsosaldthatatthisstage
theagencyisunlikelytosharephone
isa
anodyne probe
h
HEART of contro-
between
and Qureshi
ges exchanged
sjn,
£81 COUNTERING
by polnting to its
londerof
_
politician had met in
Qureshi's farm house in Delhi,
withquresbl-whoisbeinginvesti
gatedby the income tax department
Qureshiisongoodtermswithseveral
politicians and the intercepts could
embarrass many people like the
B,]?
der surveillanc likely latelast year
1
an example of therange of Qureshi's
contacts. Healsopredictedthatasin
the Radia affair eventually noact of
the content of some of intercepts
have come into the public dcmain.
Qureshi is a family friend of Singh
criminality would be unearthed but
reputationscould be destroyed.
andis also an acsualntaitce of
Sinha. "Making the investigation
intoa high-profile mat
er instead of
treatingitlikeanyothertaxevasion
case is being done deliberately to put
'
WIDE ANGLE
.
p
instrumental
-
seniorCßlotllcial.
Thecfllofflcialallegedthatthein
vestigations into the StockGuru
fA
'+
againsi Mmii
Cl-,
31
ia
1.,
I
+
tOO
scam, where theroleof severallTof
ficers is being probed, and Aircel
One of the IT officials cited earlier
Maids deal has led to inter-depart
mental friction, The official also
allegedtheieaksontheQureshimat
claimed that the intercepts "reveal
some interest" of Singh In the
Qureshi matter and the matter has
tercriginatedinthel-Tdepartinent.
"We had written to the IT depart
been brought to the notice of the new
government. The flOPs unease with
Singhwasevidentwhenthepartyhad
ment almost a monthback seeking
detailsof crlminalitybypubllcserv
ants but there has been no response,
We sent them a reminder also,"
Sinha told ET late last week, lie de
dined to speak on allegations that
the Qureshi matter was being used
to settlepciticalandotherscores.
Thelncóinetaxdepartmentstrbng
ly denies any leak by its officers,
"Sorry I cannot respond to any is
suesonmattersunderinvestigation.
Chaudhery member Investigation,
Centralßoardof Direct Taxes
Other officialsof the department
.4'.'
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"
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,' 'kAi.
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.h,
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--
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-----.
-
to resign if the new government so
desires," saysthe officiaLl-Jowever, a
person close to Singh pointed out
thatthe notices are "general" inna
ture and don't refer to any transac
notraisedanyspecificqueryrelated
to the inqqiry but has instead asked
Singh is now a member of the Union
Public Service Commission,
"Hisisaconstitutionalpostandthe
for income details since 2006." GB!
officials say that the investigation is
nothing but hot air and is a case of
government has to decide which is
the competent authority that can
recommend action against him,"
says the IT official. The alleged "In
"classic tit for tat".
"Mom is a goodfriend of mine and
there have been no financial deal
propercontext," saysthe official.
The IT official said notices had
beenlssuedto Singh,hismctherand
' hiswifa'ThisisenoughtogetSingh'
_________
ings between us except for renting
out my family basement to him after
retiring from the (181. There have
beenno conversations withhini on
anyongoingCßl case whenlwas the
CBldirector,"APSjnghtoldEt
People close to Singh also point out
that Qureshi is notan accused in a
'
bNIRBAN BCRA
TOO MANY FRICTIONS
',
'
CBI arrested a
+
#4
taXman anu is
tion. "This is nothing butpaire bar
assmentsincethelTdepartmenthas
opposedamOve to lnducthim in the
NationalHuman Rights Commission,
terest" refers to some text messages
exchanged between Sirigh and
Qureshi "which have to be read in
Icanonlydenytheallegationof leak
from the IT department," says XV
''i'
M'
M
I
in
cases
ifling
AYit.i.'
4
j'f'.
PP Singh was
pressureontheagencyforitainves
tigationsintocertaincases,"saysa
"_
.4
Radia tapes," says an official of an,
investigative agency, who was giving
by the tax authorities and details of
the Investigation, as wellas well as
eng pro
leaks to
Mj.i'e;
'
ii secularpartyandapronil
nent
Qureshi's phones were placed un
into
the media
on the Qureshi matter origimated in the IT department
i
two of its chiefs, former head AP
SinghandcurrentbossßanjitSinha,
forallegedtaxevasion.
probe
where several l-T
are
°
severalpollticiasfromUttarPradesh
including some in the B,]? "Last yeaz
aroundtheMuzzafarnagarriots,a
(GB!) has had to deal with a contro
versy of sorts over the past few
weeks relating to the association of
allegations
Stock Guru scam and Aircel-
Maxis deal
L
The
-- -
versy is the alleged text mes
Quresbi, prominent in Delhi's social
circlestillrecentlyisfamiliarwith
Central Bureau of Investigation
-
--
AT ThE
SAYSTHE
issues involved,
the background.
gated by the I-I department
for alleed tax evasion
intercepts with
as one official put it, 'Radia tapes'
case.Mostofficialsdeclinedtospeak
on record given the sensitivity of the
first
and current boss Ranjit Sinha
facins flak for 'links' with
Qureshi who is being investi-
other agencies.
Jaitley declined tocomment.
into tax evasion is
threatening to blow up Into another,
-
FORMERCBlchiefAPSingh
Behind this unusual pub
lie statement by the head
was referring to an ongoing
But
Going Round & Round
volvingtaxevaslon of ovefl2®cr
director Ranjit SinhaThe IT officials say that the details
ofthelnvestigationhavebeenmade
calls It a witch hunt.
Cm
-
'"
rJrOLJing many
_________
-
TENSE RELATIONSHIP
WW'
-
CB I Flnmin
'
-
'
differences
also
due to action
the Arrcel-Maxis deal
in
with the law, as exhaus
Gcordance
ALL FRIENDS
tively Interpreted by the Hon'ble
O
.
Supreme Court."
ures i,illS
en
But IT officials say three months
after the circular from the cabinet
'4k
ar Wlii
I
i ami
secretary, the department's power
to Intercept phones on grounds of
ml
.LVCI UI
nnl'tirinnc
UP
frnm
I¼.II u.s
IJtJ
lUIII
inrludin
'
b
nm
'-"II"
tax evasion were restored. "The
only difference this time was that
Revenue secretary had to personally approve the request," says
theofficlal.
the
p
from BJP
criminalcase.
"The Qureshi affair also suits the
new government because the CBI
under A? Siugh was instrumental in
filing cases against RiP general see
retary Amit Shah in the Tusiram
?rapatl fake encounter case," says'
an official of another investigative
agency who Is
alsofamiliarwiththe
intricaciesofthecase,
'
oth
Pr bes
Lurking somewhere in the background of this murky affair, say a
number of officials at investigative
agencies, are probes Into two other
cases by the CBI that seems to have
upset theta department.
One of two probes in which the
paths of the two agencies have
crossed is the Stockguru scam.
But the people close to Singh said
charges had been tiled against
Amit
Shah during Singh's tenure, as the
andhiswifekabhawerearresteijby
entire hierarchy of the CBI had rec
ominended such a course of action,
Qureshi could not be reached for
the Delhi police for allegedly duping
almost two lakh Investors of 493 cr
by promising them high
this story
Investments in the stock markets
through theirfirm Stockguru.
Alh
rd
vs
U
r
U
returns on
eswereraidedbythethcome'l-of.
CclaJs in
agencies say it
is not clear if the IT department has
powers to intercept phones to detect
and
In 2012, one UliasPrabhalcar Khaire
Beforethearrests,ithaire'spremis.
dTan
Beyond the specifies of this easels
the larger Issue of telephone tapping
violation of privacy
ficials in January 2011. It has been
alleged by the Delhi police that cur-
tarn
tax evasion. They say it is not at all
clear why Quresh l's phones were put
under surveillance.
IT officers Investigating the
case "misappropriated" ?44 crores
and demanded another ?30
crore to.
weaken the case.
Last December, CBI arrested a 2006
batch IRS officerYogenderMittal, an
income tax deputy commissioner in
"The Supreme Court has laid
for tapp big phones inlim
ited circumstances for exceptional
the matter. Delhi Police's correspondence with CBI also names otherhlghprofile ITofficers. The CBI is
reasons. Our case was that even if
govt agencies tapped phones, the
transcript was to be kept secret and
also probing alleged involvement of
other senior IT officers besides the
ones named by the Delhi police, oflidais inthe agency said.
several investigating
"
TiN
guidelines
obligedtobeusedonjyforinvestiga
lion. Any conversation between two
individuals no matter how promi
nent and irrespective if whether
they
were speaking on public and
The other investigation that CBI
officials say led to unease between
the agency and the finance minis-
try was the Aircel Maxis deal. The
prlvatemattersaredeemedtobepri.
CBI hasfiled a FIR against several
vate,' says Raian Karanjwala,
persons includlngformertelecom
a
prominent lawyer who has repre
sented Ratan Tata, who has filed
a
minister
caseintheSupremeCourtaskingto
Dayanidhi Maran, his
brother Kalanithi, chairman of
the Maxis group T Ananda
lay down guidelines that the govern
ment should destroy Intercepts or
Krishna among others. Maran has
been accused of forcing Chennal
preventthemfi-omleakjng,
Shortly aflerconversations of cor
porate lobbyist Niira Ratha were
leaked out, a circular issued by the
cabinet secretary in April 2011,
based
clearly stated that the law "does not
permit use of telephone tapping
has also alleged thatfirms controlled
by former finance minister P
and monitoring of conversations to
merely detect tax evasion. There
Chidambaran's son Karti had fmancial dealings with Sivasankaran's
arespeciflclawsañdrulesthatcon
firms. Karti Chidambaram has
strongly denied all allegations of Im-
tarn provisions for detection of un
accounted wealth and evasion of
taxes, and Interception of phones
withoutpubllcemergencyorpublic
safety being at stake Is not in ac
entrepreneur
C
Sivasankaran to sell his stake to
the Malaysian Maxis group when
he was the telecom minister,
BJ?leaderSubramanlanswamy
propriety
Sinha confirmed the CBI Is examining the allegation against Karti
butdedllned to elucidate further.
Govt cites CBI,
lB reports on
2G case, Radia
TIMES NEWS NETWORK
New Delhi: Official sources
said the Centr&s reservations
about
Gopal Subramanium
had entirely to do with seri-
concerns raised by CBI
and Intelligence Bureau(Jß).
Disputing
Subrainani-
ous
urn's claim that lB had cleared
him in a report to the CJI on
May 15, sources said lB had
said the senior
lawyer was
keen on being involved in the
2(3 case
even after he had been
taken off it following CHI's
protests. CBI
had endorsed
the lB report, sources added.
The taped conversations with
lobbyist Niira Radia too displayed
a certain proximity
and did not bear out the distance a law officer is expected
to maintain, they said. Pl
3 cheats
in
police net
TIMES NEWS NETWORK
New
Delhi:
Delhi Po-
lice's crime branch has
busted a gang of cheats
who targeted businesscoming to Delhi's
markets
like
busy
men
Chandni Chowk and Ka-
rol Bagh for bulk
pur-
chasebyposingasCßlof
ilcers. Once they picked
their mark, one of them
befriended him posing as
a businessman while artother would enter posing
as a senior CBI ofilcer
and claim the victim was
carrying fake currency
They
would
steal
his
on pretext of
checking it and replace It
with paper cut in the
money
shape of currency The
men were involved in 30
cases of cheating, adthcommissioner
tional
(crime branch) Ashok
(landsaid.
Ramesh Ku-
mar (61), Kishan
Lal (64)
and Rajinder Kumar (45)
were caught on Tuesday
Govt turns down CBI's plea
for Qureshi probe details
New
Delhi:
The
government
has
turned down CBI's plea for details of
department's investigation
into
meat exporter Mom Qureshi's alleged
illegal financial dealings, saying that
IT
the probe at this stage did not concern
the agency
Sources said the finance
ministry
said the investigation at this stage can
cernedlossof revenueandfell squarely
The ministry however, said the CBI
could come in if the widening probe
turns up other instances of illegality
GB! has sought information following reports that a raid by Income Tax
departmentonthepremisesof Qureshi
had disclosed evidence about his close
links the ex-CBI chief AI' Shigh.
According to sources, investigations since have suggestedthat Qureshi
within the domain of the Income Tax
could have been helpful to other CBI of-
department.
ficers as well.
INN
Fake CBI
officer
his gang dupe businessmen
Govt defends rejection of Gopal
for selection as apex court judge
Raja:achargewhichhasbeen
-
New Delhi: Rejecting senior
lawyer Gopal Subramanium's
allegation that BJP govern
ment did not endorse him for
appointment as a judge of Su-
''t'"
deniedby Subramanium.
Sources said that the lB
*
report
.
_ __________
government's
reservationhad
not
have the final say in the appointment of judge,s. But as a
as astakeholder in the consultation process, was entitled to
be consulted and express its
views. This is so elementary
and
he has
spent
enough
years in theprofession toreal
Ize this. He is raising the bo
gey of
Sohrabuddin case
only
to turn the attention away
from serious concerns about
his eligibility to be on the
bench of the top court", said a
senior official soux-ce.
Sources disputed Subra
manium's claim
ID had in a
report to Chief Justice of In
dia on Mayls clearedhim be
Subrarnanium to CBI
sitive cases shouldbe sought.
cerns raised by both CBI and
Intelligence Bureau.
does
re
agency's views on the former
law officer's handling of sen
i
enthlytodowithseriouscon
"Government'
government
ferred m's" negative" report
on
in prosecuting Sohrabud-
din Sheild '"encounter" case,
official sources asserted that
was endorsed by the
The
ter the bureau itself suggested
investigative
that the
preme Court hecause of his
role
CBL
For steps to download and use
Alive app, see P2
reversing itself later.
They claimed that the lB had
in its report said that Subra
fore
maniam was keen on being
involved in the 2G case even
after he had been taken off it
because of CBI's protest.
The agency had accused
CO fll mi tte d
judiciary'
New De:
termed
as
Congress
has
"ominous"
the
government's decision to reject Gopal Sulramaxilumfor
Official sources said CDI
in its report reiterated its
deep
dissatisfaction
with
judgeship
Subramanium's
ted judiciary".
conduct in
of the Supreme
Court, accusing the DiP of
wanting tocreate a "commit-
the 2G eases, stating that he
continued tobe show an tin
Sharma lauded the former
due interest even when he
seizedtorepresentthematter,
solicitor general as "one of
the finest legal minds" of In-
Theyalsoreferredtoßadia
tapes suggesting that the con
troversial corporate lobbyist
Niira Raffia helped Subratna
AICC spokesman Anand
dia whose services
had sought
the SC
in many high-
profile cases including the
"fake encounter case' of
nium use the swimning pool
of a luxury hotel in New Delhi
Gujarat.
area, and said that the tapes
had been authenticated by the
hind it. We can say without
hesitation that Gopal Subra-
CBDT The references to Sub
the lawyer, then the Solicitor
rumanian's
conversations
with former lobbyist Niiraßa
ne,of seeking to get its
officers on the2G case attend
dia clearly displayed a certain
proximityanddidnotbearout
ameetingwith counsel of the
the requisite distance a law of
ficerisexpectedto maintain,
former telecom minister A
'BJP wants
"It is
very
clear
what are the real reasons be-
maniuni is one of the finest
The
legal minds of India.
government wants a com
mitted judiciary and politicization of every institution,
which is dangerous," Shar-
ma said.
INN
Subrarnanium slams govt says
he doesnt want to be SC judge
Ex-Solicitor General writes to Cii, says govt has no business to assess his character
R
SEDHURAMAN
LEGAL CORRESPONDENT
NI do
NEW DRills, JUNE2S
entitled to judge my
Fbrmer Solicitor General
Gopal Subramanium today
shot off a letter to Chief Jus-
in
not considerthat the Executive Government is
character after having seen me
and professional domain for over 34
yëar...l also do not want my elevation to be the
subject matter ofany kind of politicisationK
public
tice of India RM Lodha stating that he did not
want to
be appointed as a judge of
the Supreme court in the
wake of the Narendra Moth
government's
Gopal Subramanium
Why is top lawyer angry
Subramaniuni lashed out at the
Narendra Modi government for Its report
"Gopal
reported
of the SC
Collegium for his elevation.
In the nine-page letter,
Subramanium said the
as he was not pliable
"The Sc collegium had recommended the
ed reluctance to accept the recommenda
reluctance to accept the recommendations
FORMER SOLICITOR GENEL
tions
U
of Subramanium and three
as apex courtJudges, but the
appointment
of the SC Collegium for his elevation
others
He said the government was against his
appointment as a judge of the apex court
centre only
accepted the proposals in
respect of the others
gov-
ernment had no business to
over 34 years..l also do not
recommended the appoint-
assess his
after
want my elevation to be the
ment
of Subramanium and
"Over the past two weeks
having seen his integrity for
subject matter of any kind of
three others as apex court
several decades.
quite a few media reports
politicisation," he said.
also
character
He said
had a "sense
he
of unease
He
judges, but the Centre only
said the government
the
accepted
proposals
in
appoint-
ment. These
against me by the Intelli-
by respecting the likes and
court as he was not pliable.
Subramanium strongly
refuted the allegations lev-
dislikes"
"I am fully
elled against him through
of the government.
do not consider that
Executive Government
"I
the
my
conscious
independence
that
as
a
"carefully
planted
is
lawyer is causing apprehen-
raising
entitled to judge my character
sions that I will not toe the
line of the government."
professional
a
ter having seen me in public
and professional
domain fQr
The
SC
Collegium had
Union
tions
ment as
appoint-
the
respect of the others.
was
his
voiced
reserva-
to assert its independence
a judge of the apex
have
Government's
that the Judiciary has failed
against
cases as a law officer.
doubts
leaks"
about
integrity
his
in
handling the 2G scam case
when he was SG and other
about
my
reports speak
of alleged adverse reports
gence Bureau (IB) and the
CBJ," he noted.
These reports were aimed at
generathg
doubts
in
the
minds of the SC Collegium,
comprising
the CII and four
senior most judges, and the
public
over the "suitability
and propriety of appointing
me as a judge of the SC," he
said. He saidthe lB had given
"me a clean chit" on May 14,
2014, but the Ministry of Law
and
Justice
initiated
an
inquiry after this "with a clear
mandate to find something to
describe me as unsuitable."
He
said
the
CBI
had
availed of his legal services
for decades and if it had any
doubt about his profession-
al
integrity
it
would
not
have done so.
He said as amicus curiae
in
the 2005 Sobrabuddin Sheikh
fake encounter case, in which
Moth's dose aide Amit Shah
was a suspect, he had recommended a
probe by a special
investigation
team (SIT). At
the same time, he had supported Shah's
plea for bail as
"I had no personal vengeance
or
any
kind
of
grudge
against" Shah, he said.
Subramanjum
slams govt
FROM PAGE 1
Subraaniwn also denied
that he had a joint meeting
with
CBlofficials, which was
the 2G scam, and
probing
senior advocate TRAndyarujina, who was counsel for thr-
mer telecomrninisterA Raja,
an accused
said
in the case. He
he doubted the ability of
the government to "appreci-
ate and respectthe independence,
integrity and glory of
the judicial
not expect
institutioit I do
thls attitude to
with time."
3 conmen posing as CBI officersarrested
NEW DELHI: A gang ofthree
men, who allegedly used to
dupe businessmen by posing as
CBI oflicers, has been busted,
Envelopes and bundtes of newspapers
cut in the shape of currency notes used
for cheating innocent businessmen
police saH on Wednesday.
from nearby states have been seized
The trio, Ramesh Kumar
alias Massy (61), Kishan Lal
(64) and Rajender Kurnar alias
along with the auto rickshaw which
was used in the crime
Raju (45) were arrested yesterday by the Crime Branch after
said. Kumarused to then call
victim reallsedthathehadbeen
a tip off that
their third associate Rajender
Kumar, an auto driver for taläng
cheat4 die trio wouldhave fled
them to nearby police station.
trio ware involved in more
they would come
near Karol Bagh Metro Station,
police said. Envelopes andbundies of newspapers cut in the
shape of currency notes used
for cheating innocent businessmen from nearby states
hast been
seized along
with
the auto rickshaw which was
used in the crüne, police said.
The trio allegedly told police
that they used to identir 'soft
'targets' in busy inarkets in Delhl
in the morning.
fter choosing the target,
Kishan Lal who spoke almost
the scene the officer said. 11w
than
all regional langvagesofnearby
1n the auto, Ramesh Kumar
states used to befriend hirn by
on some pretext would asic the
Chand saH,
claiming that he has also had
show the money he
was carrying. Re would then
15 Inne, a
After winning the trust of
the target, Kishan Lal would
put the money in a ydllowenve-
mgarh, UP, reported 4 Karol
lope and after some distance
Bagh police station that he
signal his associate Ramesh
tactfully change the envelope
was duped od Rs 50,000 while
Kumarwhowouldbe watching
their activities frorn a distance.
containing money with a sim-
on Monday a businessman of
bun-
Gurdaspur, Punjab, dealing in
Ramesh Kumar would reach the
die of papers and would then
Surgical Instruments, reported
spot and pose as Deputy SP of
hand over this envelope to the
victim, warninghim tobe careful in future. 'By the time the
at Kotwall police station
come for buying goods.
CßEAdditionalComrnissioner
ofpolice (Crirne) Ashokchand
victim to
ilar envelope containing
30 cases
of cheating
in Delhi,
Among the recent cases) on
person from Aza-
tat he
was cheatedod Rs 2.5 lakh in a
similar way.
Pll
CBI judge hearing case of Amit
Sha
5
transferred; court adjourned till 2 July
MPOSISURIMJ
Incidentaly, lost weck,
MUMBA!: The special
t;ra
CDI
filing an exemption application
withotit assigning any reason to it
ster Sohrabuddin Sheikh
and Tulsi Prajaptal, was on
Wednesday
transferred,
rcasonjudge litpat had said.
following which the court
The court had on 9 May
issued summonses to Shah
adjourned the hearing on the
Amit Shah's discharge plea.
Special CBI judge JT
Utpat
was
transferred
to Pune, after which the
Court
hearing was adjourned
tffl 2 July.
Incidentally, last weck,
judge
Utpat had
repri
udge JT Utpat
had reprimanded Shah's acivocate for
rat's Anti-Terrorism Squad
when they were on way
from Hyderabad to Sangli in
and other accused in the
case, which had been trans
Maharashtra and were killed
ferred frorn Gujarat.
ter near
The CDI had charge
sheeted Shah and 18 oth
November
ers, including several police
eyewitness to the encounter,
officers
was killedby police at Chapri
in
the case, last
September.
in
an alleged fake encoun
Gandhinagar
in
2005.
Ibisiram Prajapati, an
village in Banaskantha dis-
manded Shah's advocate for
According to CIII, gang
filing an exemptionapplica
ster Sohrabuddin Sheikh,
ber 2006.
tion without assigning any
minister of State for Home,
tinte ydu are giv
who was claimed to have
links with Pakistan-based
terror outfit Lashkar-e
exemption applica
Toiba, and his wife Kauser
reason to
'Every
mg this
11.
tion without assigning any
Di
were abducted by Guja
trict
of Gujarat in Decem-
Shah,
who was then
allegedly involved in
the conspiracy behind both
the incidents.
was
Gopal bows
out I
of SC judge race
PNS" NEW DELHI
Qenior
accuse the NDA Government of
deliberatelydigging dirt against
on
by the NDA Government
him due to apprehensions that
he will not toe its line. "I am
fully conscious that my hidependence
as a lawyer is causing
apprehensions that! will not toe
to
approve his selection.
decisioncame
the line of the Government.
This factor has been decisive in
ahead of
SC Collegium's meetin
which is expected to be hel
the
week
to
take a
them refusing to appoint me"
Subramanium said in his letter.
view of the
objectionsraisedbytheCentre
Cites Govt's 'trust
Subramanium's
deficit' as reason
or qu
my
against
appomtment. In a nme-page let
ter addressed to Cfl RM Lodha
on Wednesday, Subramanium
rebutted every charge against
him contained in the report for
-
centre and the
(ollegium.
In
Bureau, and
an interview to aTV channel,
Subramanium claimed that on
May 15 the CJI informed him
ofthe report
that a"complete integfitytheciC
the Law Ministry submitted to
the SOC ollegium against him.
including lB dearance was done
before recommending his name
warded to the Centre by the
and Intelligence
which
In
formed part
defending
CBI
him,
leveled sensa
tional charges both against the
Subramanium
From Page 1
However, Government
sources reportedly denied this
charge claiming that the lB
Subramanium went on to
Wednesday withdrew his consent to be appointed as a
Supreme Court (SC) judge following reservation expressed
next
a swimming club at her behest,
he clarified that when as
report came only on May 22.
Gopal
advocate
OSubramaniuni
His
Gopal...
to the Government.
Continued on Page 4
kelated report on P5
"Under
the
circumstances
withdraw my
consent
to
I
be
appointed a Judge of the
Supreme Court, and request you
basiC
(Cfl) to proceed on that
the letter said.
He cited his
curiae
in
role as
amicus
fake
the alleged
killing
encounter
Sohrabuddin
and
of
his wife
Kau set Ri to question the Modi
Government's adverse report
him. He pointed out that
against
as amicus curiae he had sugto the court that Shah
gested
should not be allowed to enter
Gujarat as a condition for his
release on bail.
Subramanium also
clan-
fled allegation by the CE! that
in the 2G scam case he held a
briefing with CR! officials in the
presence of a lawyer of former
Telecom Minister A Raja, one of
the accused in the scam, during
his
tenure,as
Solicitor-General.
Subramanium said:
officers
'CRI
never met with TR
Andhyarujina (senior advocate)
at my home
or office in conwith the 2G case:'
However, this was not
what the CBI said in its report,
which came handy for the
nection
Law
Ministry to reject
his
name to be appointed as a SC
judge. The agency had claimed
that
a woman lawyer, who
was Raja's advocate-on-record,
was present at the 2G case
briefing, to which the CEI
officials attending the briefing
had objected to.
Regarding his role in the
Nira Radia tapes, another
factor
flagged by the Centre to turn
down
his
appointment,
Subramanium
said: "I
had no
contact with her (Radia)
during
my tenureas Law Officer
(2005-i1)' Responding to allegations
that he
secured membership of
Solicitor-General, he was advised
by his physician to swim, at his
request ASG Parag Tripathi
arranged membership at Taj
Hotel's swimming pool since the
Talkatora Swimming Complex
was undergoing repairs.
Subramanium said he did
the
think
NDA
Governments' attitude towards
him will change and
that's why
he decided to quft from the
race
for judgeship. He also expressed
"unease" over the Judiciaryfailnot
ing
to assert its independence
over the likes and dislikes of the
Executive.
In an interview to a TV
channel, he said: "I am surprised
that the judiciary did not
protest on what is happening.
I want to say to the Judiciary,
that you must take a stand and
likes and dislikes must not be
accommodated
in the
likes of
thinking'
Stating that the decision to
quit was his own choice, he told
your
the
channel that it is difficult for
a judge to start his career on a
"trust deficit' particularly when
it is the Government,
which is
the biggest litigant.
Demanding a clear statement from the court to bring
down the curtains
on the allegations that have hurt
him
per-
sonally and
agonized his fami-
ly, Subramaziluin said
that even
as he plani to return to his professional work
as a lawyer,
which he kept aside following
his nomination as SC judge, he
would cease tv practice in
the
SC, till the present CJI demits
office in September.
Three posing as CBI off icers'
arrested for duping traders
STAFF REPORTER I NEW DELHI
Meanwhile, anotherpersoncame
to both of them and introduced
rj-tree men
who posed as CRI
I officxishawbeenantstedbythe
himself as DSP of CBI. He made
both ofthem sit in the TSR (three
Crime Branch of Delhi police for
cheating businessmen for Jakhs of
steeler scooter taxi) and told them
have been
arrested and they have been identi
fled as Ramesh Kunmr (61), Kishan
Lal (64) and Rajender Kumar (45).
rupees. The
accused
lueposingasCßlc&
cers and were cheating the busi
nessrneruawere registered
them at Kotwali Police
that he is taking them to the police
station. He stopped the TSR and
told them
that there is information
on counterfeit currency and asked
them toshow the money Thebustnessman took out three bundles of
?1,000 amounting to !two and a
halflakh and handed it tb the per-
Police
son chiming as the Deputy SP of
CR!. The conman put the bundles
Stations. On
June 24aOaatrap was
bdC.rimeßranch&,euthsaM
in a yellow envelope and returned
it. Then they left the envelope and
the conmen were ant
Additional Commissioner of
went away After dieddng the
envelope after sometime, they
foundpapercutsinshapeofcur
against
Station and
Karol Bagh
POIICe
Crime Branch, Ashok
Chand, said a businessman of
Gurdaspur, Punjab (Dealer of
Surgjcal Instruments) lodged a
report with Kotwali Police Station
that when he was in Chandni
(iiowk, he was accosted by an
unkiowupaon v,ho daimcd that
he was from Puqah and had come
to purchase electrical items.
rency notes and not his money On
June 15th 2014, a person from
Aiamgarh, UP reported at Karol
Bagh that the two came to their
to purchase automobile spare
parts. Two persons came to them
and said they were from CB! and
l
Vowed the same modus operan-
'di, A case has been registered.
FAXE CBI OFFICIAL
ASSOCIATES HELD
NEW DELI«: Three conmen, including
two
elderly men, have been
&rested by the crime
branch tor duping busiof various
nessmen
states by posing as COl
otticials. With their
arrests, police claimed
to have solved twa
cases of cheating registered at Kotwali and
Karol
Bagh police sta-
tions. The accused have
been identified as
Kishan Lal, 64, Ramesh
=
Kumar, 61 and Rajender
Kuniar, 45.
I
"
111.
"
I
I
I
I
"
I I
By
arish V. Nair In New Delhi
THE APPOINTMENT
of new judges to the
apex
court became
a
embarrassment for the Narendra
Modi government on
Wednesday as former
solicitor general and
eminent lawyer Gopal
Subramanium withdrew
himself from the exercise. In
a letter to the
Supreme Court Chief
supreme
i
I,
A
Justice dated June 25,
Subramaniumwithdrew
from being considered
for the appointment,
accusing the National
Democratic
Alliance
government of using the
Central Bureau of Investigation
ging"
for "dirt-digagainst him to
sabotage his
elevation.
In his 'etter Subramaniunt
reveaied his pain over "character
assassination" and said the executive government is not entitled
Thrn to Page 10
am fully COnSCIOUS
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that my independence
.
as alasyer is causing
apprehensions that I will
"
not toe the line ofthe
Government. This facto
has been decisive in
„
4I"
refusing to appoint me.
GOPALSUBRAMANWM
FORMER SOLICITOR GENERAL
'II
I
I
11,.
I
p
'Being targeted'
"I assisted the Sc between 2007 and 2011 as amicus
curiae In cases relating to Gujarat fake encounter
eases. My actions were greatly appreciated and this
was possible only because of the standards of
integrity that I maintain In professional life and my
undying respect. It appears that I am now being targeted because
of this very Independence and
Integrity. I cannot think of any other motive," Subramanium told reporters after sending a nine-page letter to Chief Justice R.M. Lodha withdrawing his consent
to be appointed as a judge.
"I am fully conscious that my independence as a
lawyer Is causing apprehensions that I will not toe
the line of the Government. This factor has been
decisive in refusing to appoint me. All the allegations
against me have been thoroughly investigated and I
had been given a clean chit," he said In the letter.
Asked why he opted out when the government
would have been bound to accept his name if the
coliegium reiterated the recommendation, Subramanlum said, "A slander match was going on using
the media. A judge cannot begin with a trustdeficit. Position of a judge requires public credibility and confidence. These are high constitutional
offices where you have fair sense of honour and participation. Nojudge wants to bean unwelcome visitor to the Bench. I'm sad that nobody In the judiciary also spoke up for me. I'm also surprised that
the judiciary did not protest when the sacred rules
and confidentiality regarding appointment of a
judge was being thrown to the wind by the government and so I had to fend for myself. Government
should have come out with the real reason why they
did not like my name. But what they have done Is
hitting below the belt",
__________
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Former SG puts
govt in the dock
"I am unable to dispel the Sense
of unease that the Judiciary has
failed to assert its independence
by respecting the likes and dislikes
j9&flfl''f"j ç7'"'ç7ç7[qJ"
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oflhelfxecutive,lfsuchincu
,
aionsai'eaflowedtheinstitutionof
judiciary can touch its bench
mark,' he wrote In his letter to the
I
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'
'
'
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-'
Subramanlusnsaidaftergetting
clean chits earlierfrom CBI and
thela,hewasshockedatthesud
denmediareports with"malicious
insinuations based on half-truths"
and which appeared as a result of
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the colleglumsandof the public as
to the suitability and propriety of
appointing him as an Scjudge".
"The TB had givenme a clean chit
on May 14, 2014. I have reliably
learnt that Law Ministry initiated
Inquiry after May 15,2014 with a
clearmaisdate to findsomethingto
deacriheme as unsuitahle", he said,
Meanwhile, Law Minister read
'
,
"
''
'Half truths'
I
i
-
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Clisetjustice,
I
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Shankar l'rssad refused to react to
Subramanlum's charges, saying
"appointmentof SCjudges being a
sensitive matter, It won't be appro
priate ordcslrabie for mc to make a
comment. The government has a
role in the appointment, but I
would not comment."
spokesperson Anand
Congres
Sharma slammed rcje tsun of
Subramsniuni's name by he government, saying "What Is happening Is ominous.., the governsnent
wants a committedjudiciary and
politicisation of every Institution,
which Is dangerous"
4
MAYI4, 2014: Sc couiegium recommends
4
Subramanlum's candidature
JUNE 21:
appo
*
Presidentapproves three other
namesforjudgeshlpanduphoids
tasSt'ud g es
Subranianium's rejection by government
JUNE 19a Centre rejects Subramanium's
name without assigning reasons
JUNE2O: Govt
reveals a
"negative"
CBi report connecting him to 26 scam
and Radia tapes
as reason
for rejection of
'
JUNE 25: Subramanium withdraws
for appointinghim as SCjudge
accusing the MoW government of
com
"dirt-digging" to
scuttle his elevation and
crying foul of "character assassination"
Former
Solicitor General Gopal
Subramanfum.
Man posing as
UBI officer
among 3 held for duping
STATESMAN NEWS SERVICE
spare parts at Karol Bagh. Accordingto the
New Delhi, 25 June
victims, two unknown persons came and sta-
Three persons posing as CBI officers were
arrested for their involvement in as many
as 30 cases of cheating.
The accused have been identified as Ha
mesh Kumar (61), Kishan Lal (64) and Ra
jender Kumar (45).
AccordingtopoliceabusnessaofPun
deals with surgical instruments filed a
in Chandni Chowk, he was
accostedby an unknown person who claim
edthat he was from Jalandharand had come
to purchase electrical items.
Meanwhile another person came to them
and introduced himself as Special Director
of Cm. He made both of them to sit in
a car
ted themselves as CBI officers. They asked
both of them to sit in a car for taking them
to the Police Station for verifying their antecedents. After few minutes they stopped
the car and asked both the victims to show
them the money they were carrying. Both
the victims gave Rs 50,000. One of the con
men kept the money in an yellow envelope
jab,
and returned it to the victims andtold them
complaint that
to go. After some time when the victhns opened
the envelope they found pieces of paper cut
and
told them that he was taking them to
the police station. He stopped the car after
few minutes and told them that there was
in the shape of notes and realized that they
have been cheated of Rs 50,000.
"The accused were arrested on the basis
of an information," said a police officer.
During the interrogation, the accused accepted their crime of cheating others. They
disclosed
thathow they
associated withKish-
an information thatthey were carrying coun
an Lal who spoke almost all regional languages of nearby states. It was mutually de-
money they were carrying,
cided that after wining the trust of the target, Kishan Lal would signal his associates
terfeit currency and asked them to show the
The businessman took out threebundles
of lis 1000 amounting to Rs 2.5 Lakh andhand
to reach the spot and pose as Special Direc-
edit over to the person who had claimed to
be aC
officer. After checking the notes,
the said Cifi officer returned the amountto
the businessman in a yellow envelope,
On checking the yellow envelope, the busi
nessman found piece of paper cut in the shape
to call the third associate Rajender Kumar
for taking them to a nearby police station.
of currency notes and not his money,
In another incident, a person from Main
garh and his
brother was cheated by
who had come to
them
purchase automobile
tor of CBI. After which Ramesh Kuinar used
In the car, Ramesh Kumar on some pretext
would asked the victim to show the money
he was
carrying.
He would then put the money in a yellow
envelope and after some distance tactfully
change
the envelope
containing money
with a similar envelope containing bundle
of papers.
-
_____________________
.
M HAjittery
TheC&l
bribes were paid In the
AgustaWestiand deal.
p
overgiving
Tatassecurity
In NewD&hi
THE Tata group's associ
with AgustaWest
.. ..
ation
Sources said there are concerns and the ministry is jittery to give a security clear
once as the Central Bureau of
Investigation (Cifi) is prob
lug Agustastland in the Rs
3,700 VVIP helicopter contract
which
has
been
scrapped.
The agency
is
investigating whether Indian
swing
officials were bribed to
the
deal
in
favour
of
AgustaWestland. According
reports,
to
kickbacks worth
Its 362 crore were paid.
"The security clearance is pend
lug for some tine as there are
Issues relating to the OPT ease
.
4dm
thecouritryhashitaroad
block as the Union Home
Ministry is reluctant to
give security clearance to
the project citing allega
tions of corruption against
the Anglo-Italian corn
pany in a defence deal.
- -
.-
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."
-
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1
'
.
-
-
.. .
-
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prohl, AgustaWestland Is
still
not a blacklisted company.
"We are also of the view that
stalled. nut it's asensiflveissue;
we need to work cautiously to
avoid any controversy," the
oliiemiriistryomclaladded,
AgustaWestland
with Tatas for
AW 119 Xi helicop
(oU
to begin assembling in 2011 but
it was extended to
-
April 201&
hell
sell to its customers. IRL
has obtained all necessary
approvals from the
government," a Thta Sons spokesperson said in a statement.
Tatas clarified that the joint
venture (31/) with Agustawest
land has rio connection with the
controversial helicopter deal of
the Indian AirForce for the pur
chase of AWIOI helicopters. "IRL
business remit does not Include
any selling activity for defence
-
a
-
,"
I
I
*
A
A
TATA SONS STATENENT
Indian Rotorcrafttlni
* Include any selling
activity for defence
ited (till), the proposed
related entities. At a
Joint venture with
AgustaWestiand, Is for
future date, lit could
sell helicoptersto the
assembling AWII9ICx
helicopters. mi will
domestic civil market
export the assembled
for civilian usage This is
"
I.
H
a
tn..i-..
ne wit..
netiCopters to
an
tue pro
AgustaWestland for itto
posed venture's stated
sell to its customers. lilt
Intent to operate only
has obtained all neces
In the civilian market,
liii has no connections
sary approvals from the
government. lilt busi
with the lAF purchase of
ness remit does not
AWIOI helicopters.
-
it
for it to
relatederitities.Atafuturedate,
heUeopters to the
IRL could sell
-
-
'L*'
.
senior home ministry officiaL
Dcs itetljealle at
b
assembling
-
-.
A
not been blacklisted
In
2009
signed an
3
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-
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-'
„
'
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AgustaWestland has
against AgustaWestland' said
-
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F
,p@'
Indian domestic civu market for
civilian usage, This is In line with
the proposed joint venture's
stated intent to operate only in
the civllian market," the Tata
Sons statement said.
It Is alleged that the service
ceilingor the altitude at which a
helicopter carl fly was changed
from 6,000 metres to 4,500
metres only to allow UK-based
AgustaWestland, which isa sub
sidlary of Italian company Fin
meeanlca. Without the change,
its helicopters were anti even
qualified for submission of bids,
The change was suggested by
Air Headquarters.
The CBI has named former Air
Chief S.F. Tvagi along with his
cousins in the FIR registered by
it in
MaTch last year. The deal
-:-
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___ _ _ _ _ _ _ _ _ _ _-_ _ _
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was scrapped by the government
after the illegalitieswere exposed
and the CBI registered a case,
The government then cancelled the deal of purchasing 12
ot
which
helicopters, three
were already delivered and
of
over
recovered an amount
R52,000 crore.
The cm Is planning to exam
the two Governors In the case.
I
"
111.
"
I
I
I
I
i
"
'II
I
I,
I I
By
4I"
I
11,.
I
p
A
Harish V. Nair In New Delhi
am fully coiiscious
THE APPOINTMENT
of new judges to the
apex
court became
a
embarrassment for the Narendra
Modi government on
Wednesday as former
solicitor general and
eminent lawyer Gopal
Subramanium withdrew
himself from the exercise. In a letter to the
Supreme Court Chief
supreme
Justice dated June 25,
Subramaniumwithdrew
from being considered
for the appointment,
accusing the National
Democratic
Alliance
government of using the
Central Bureau of Investigation
for "dirt-digging"
against
him
to
sabotage his elevation.
In his 'etter Subramaniunt
reveaied his pain over "character
assassination" and said the executive government is not entitled
Thrn to Page 10
I
I ; 4ia
I w S&C
I
:t: :$it
!tt&
"
.
'Ji:
"
that my independence
as alasyer is causing
apprehensions that I will
"
not toe the line ofthe
Government. This facto
has been decisive in
refusing to appoint me.
$,
.4t\""'"
V
GOPALSUBRAMANWM
FORMER SOLICITOR GENERAL
Continued from page 1
to judge his character after seeing him in public and
professional domain for over 34 years.
Subramaniuni raised serious questions over the
independence of CBI and the judiciary, and said
though the government cited a "negative" CBI
report linking him to 2G scam and Radia tapes to
reject the Supreme Court collegium's recommendationto appoint him as a judge, he felt his role as
an amicus curiae in the Sohrabuddln case was the
real reason behind the move. As the amicus curiae
Subramanium was critical of the Gujarat government, then headed by Mod!, and brought out new
facts on the basis of which apex court ordered a
CBI probe into the case.
Interestlngl3ç the government, which opposed Subramanium's name, had agreed with the collegium's
recommendation to appoint former solicitor general
Rohinton F Nariman and chief justices of Orissa and
Calcutta High Courts
Adarsh Kumar Goel and
Arun Misra, respectively— as judges of the Supreme
Court which have been approved by the President.
-
'Being targeted'
"I assisted the Sc between 2007 and 2011 as amicus
curiae In cases relating to Gujarat fake encounter
eases. My actions were greatly appreciated and this
was possible only because of the standards of
integrity that I maintain In professional life and my
undying respect. It appears that I am now being tarof this very Independence and
geted because
Integrity. I cannot think of any other motive," Subramanium told reporters after sending a nine-page letter to Chief Justice R.M. Lodha withdrawing his consent to be appointed as a judge.
"I am fully conscious that my independence as a
lawyer Is causing apprehensions that I will not toe
the line of the Government. This factor has been
decisive in refusing to appoint me. All the allegations
against me have been thoroughly investigated and I
had been given a clean chit," he said In the letter.
Asked why he opted out when the government
would have been bound to accept his name if the
coliegium reiterated the recommendation, Subramanlum said, "A slander match was going on using
the media. A judge cannot begin with a trustdeficit. Position of a judge requires public credibility and confidence. These are high constitutional
offices where you have fair sense of honour and participation. Nojudge wants to bean unwelcome visitor to the Bench. I'm sad that nobody In the judiciary also spoke up for me. I'm also surprised that
the judiciary did not protest when the sacred rules
and confidentiality regarding appointment of a
judge was being thrown to the wind by the government and so I had to fend for myself. Government
should have come out with the real reason why they
did not like my name. But what they have done Is
hitting below the belt",
-
"
.
-
-t1-,
."-
-"
"
I
-
"
20 SCAM
GOVT/CBI
flLi:
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Solicitor General,
had met the lawyer
of key accused ex
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___
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telecom minister A.
in his office in the presence of
Raja (lnset)
CBI officers in charge of the
at:
probe. Subramanium attempted
r'tic,'r
_
_____
_
_____
_
____
_
____
"rf.pr?'j
4,
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to get CBl and ED officials to
....I.
coordinate with Raja's counsel.
GOVT/CBI ALLEGATION:
Subramanium had links with
corporate lobbyist Niira Radla
phone conversations
-,'
are
under scrutiny. His talks with
Radia and her associates
Indicated that a
"t
complimentary,:/:4.
"
swimming
membership had
s
ra
-
been arranged for
,
himattheTaj
Mahal Hotel.
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&114.th
(In photo) whose Intercepted
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agalnstmebythem
By
__________________________________
of appointing me asajudge
ofthesupremecourtr
_________________________________
-
"
if "Idonotneedany
jVjj certificate of character
from the
re
after seeing me in
the public andProfesslonai
hadgivenmeatlean
chit onMay 14,2014. Ihave
Ministry initiated an inquiry
alerMayls,2ol4,witha
mandate to find somethlngto
-
-
-
1
"IdlnunabletodpQJ
thejjsp
curlaelncasesrelatlngto
"
Gidaratfakeencounter
cases. My actions Inthematter
were greatly appreciated by the
court and this waspossible only
because of the st tlards iii
Integrity that I maintainin
professional
life and my imdjjng
thatthejudjcjYh
?
f
failedtoasjj
not be aJJow,
PtOtestag
arania
can'tthlnkofanyothermoftye:'
ii
agree
i.
liketo
advise the
Executive
-
overcome a
,
recoamlendation L however
fl)'orivean those IflVOlved
with
youormaynot
Interrogate you,
Is extraneous to
________________________________________________________________________
"
SupremeCourtinvarious
pronouncements."
ludges who only
a very
S
prescribed
by the Constitution and by the
Supreme Court in various pronounce.
meets," Subramanium said.
Hesald segregation of his name had been
_____________
done'without anyauthority" bythe Executiveandwithouttheknowledge orchiefius-
says move
isagalnst
Constitutional framework
tbatt.he belief
that youneed
Executive. Such
incursioj
and C&cutta HighCourts, Marsh KumarGoel
and Arun Misra, asJudges of the Supreme
Court) appear to be against the framework
Constitutionandbythe
:
indeDendence byrespe,,tj
New Delhi
the
Supreme Court coilegium.
"if my understanding is correct, the three
appointnsents(ofex-soiicitorgeneraiRohin
ton F. Nariman and chief justices of Orissa
Ex-SG
pTthe
Tlwould
oiunse
respect.ltappearsllnlnowbelnt 9refuJlyolches,ated
targeted because of tbisyery
Independence andlntegrlty, I
againstthetramework
_______________________________
1
-.r$6!,
ZOoyandzollasaniicus
jg
oftheSc)appearstobe
further fortiflcatlonsi'
3'qanlststhescbe
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_____________________
Harish V. Hair
IN HIS nine-pageletterwlthdrawingconsent
to be appointed as a Supreme Court judge,
formerSolicitor General Gopal Sobramanium virtuaiiy questioned thevalidity ofthe
appointment of three others whose names
solidtorgeneralfiohlnton
£Nariman&thlefjustices
ofOrtssaandcalcuttaliigb
domalnsiorover34years.
Myth
terandintegrity
neednotbeprovny
againstme.Thelß
descrlhemeaSUflSwtle.
goVernment
CSIJ
GB! andthe lB have
beentisedto rMgout
tell
regardingmylntegrity?9
Ciis consent'
minds of the colleglums
and of the public as to the
suitability
and propriety
"
SOWbywilithey
doIt If theyhaddoubis
.
'What govt did
was without
S
"MedMroportson
and CDI are mal
dous
insinuations based on
half-truths and appear
tobearesultof carefully
planted leaks aimed at
generating doubts in the
"
lawyer In many sensltlve
cases even after my
resignationfrom the past of
parliamentary
democracy:'
-
tice R.M. i.odha and other members of the
coiiegia. "The Executive does not have the
powerto choosewhich mangoesareOKand
the present legai framework." he said.
I amdistnayedbyreportsthatthefiiefor
warded by the SC to the government rec
ommending four names for elevation
(inciuding mine) has been segregated and
the names of three candidates have been
cleared by the governmentand the Presi
dentThe segregation has been carried out
withouttheflie beingsent backto thecoliegia for reconsideration. i have now reliabiy
iearntthat no die was sent seeking reconsideration," he said in a letter to ci,
in the missive, he fUrther said he wili only
practice in the SC after Cii Lodha
retires on September 27. "in accordance
with the highest traditions, when a lawyer
invited tothe bench does not get to become
a judge, as a mark of respect he
ceases to
resume
practice
in that court, till the incumbent
Chiefiustice deniitsoffice. I shaii, therefore
be resuming work only thereafter,' he said.
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