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CIC notice to RBI for dishonouring Supreme Court order to disclose wilful defaulters’ list

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[vc_row][vc_column][vc_column_text]The CIC recalled that RBI had earlier disclosed, in response to an RTI application, that bad debt stood at Rs 15,551 crore for the financial year ending March 2012 and that it had shot up by over three times to Rs 52,542 crore by the end of March 201.

The Central Information Commission (CIC) has issued a show-cause notice to RBI Governor Urjit Patel for “dishonouring” a Supreme Court judgment on disclosure of wilful defaulters’ list and told the Prime Minister’s Office (PMO), the Finance Ministry and the Reserve Bank of India (RBI) to make public the letter of former RBI governor Raghuram Rajan on bad loans.

Irked over the denial of information on the disclosure of the names of wilful defaulters who have taken bank loans of Rs 50 crore and above by the RBI in spite of a Supreme Court order, the CIC has asked Patel to explain why a maximum penalty be not imposed on him for “dishonouring” the verdict which had upheld a decision taken by then Information Commissioner Shailesh Gandhi, calling for disclosure of names of wilful defaulters.

Central Information Commissioner M Sridhar Acharyulu, according to ANI, said, “We got RTI for disclosing list of names of wilful defaulters who defaulted on loans beyond Rs 50Cr. A similar RTI was filed earlier in which the earlier Information Commissioner had given an order that names of defaulters can be disclosed along with action taken.”

“In the RTI, RBI bank inspection reports were demanded, RBI resisted & took the matter to the CIC, CIC ordered that info should be given & around a dozen appeals were transferred to SC. SC said that the info has to be disclosed. RBI has the duty to implement the SC orders.”

A PTI report said the CIC pointed out that Patel, speaking on September 20 at the Central Vigilance Commission (CVC), had said the guidelines on vigilance, issued by the CVC, were aimed at achieving greater transparency, promoting a culture of honesty and probity in public life and improving the overall vigilance administration in the organisations within its purview.

“The Commission feels that there is no match between what RBI Governor and Deputy Governor say and their website regarding their RTI policy, and great secrecy of vigilance reports and inspection reports is being maintained with impunity in spite of the Supreme Court confirming the orders of the CIC in the Jayantilal case”, Information Commissioner Sridhar Acharyulu said.

He concluded that it did not serve any purpose in punishing the CPIO for this defiance, because he acted under the instructions of the top authorities.

“The Commission considers the Governor as deemed PIO responsible for non-disclosure and defiance of SC orders and CIC orders and directs him to show cause why maximum penalty should not be imposed on him for these reasons, before November 16, 2018,” Acharyulu said.

He rejected the arguments of Santosh Kumar Panigrahy of the RBI that section 22 of the Right to Information (RTI) Act would not override various laws he quoted, prohibiting disclosure of names and details of wilful defaulters and hence, the RBI should be discharged from the obligations of disclosure.

“His contention that unless the above referred enactments are repealed, the RBI cannot disclose the details of defaulters is also absurd,” Acharyulu said.

He added that another contention of Panigrahy that the pendency of a PIL before the Supreme Court on the issue would prevent him from disclosure was also baseless as he did not present any interim order passed by the Supreme Court preventing the disclosure of names of wilful defaulters or against the proceedings before the CIC.

“These submissions of the RBI show that its legal wing did not bring to the notice of the CPIO that in the RBI vs Jayantilal N Mistry case, a Supreme Court bench consisting of M Y Eqbat and C Nagappan JJ, on December 16, 2015 [Transferred Cases (Civil) Nos. 91 to 101 of 2015], gave a landmark decision, upholding the direction of the CIC to disclose the inspection reports of the RBI and the names of wilful defaulters in many cases, rejecting all the above referred contentions of the RBI,” Acharyulu said.

The information commissioner said in that case, the counsel for the RBI had raised the same contentions, referring to the same cases referred by Panigrahy, and those were straightaway rejected by the Supreme Court.

“The commission finds no merit in hiding the names of, details and action against wilful defaulters of big bad loans worth hundreds of crores of rupees.

“The RBI shall disclose the bad debt details of defaulters worth more than Rs 1,000 crore at the beginning, of Rs 500 crore or less at a later stage within five days and collect such information from the banks in due course to update their voluntary disclosures from time to time as a practice under section 4(1)(b) of the RTI Act,” he said.

In his order, Acharyulu also recalled how the RBI had “lost all their cases and contentions” when they had moved the Supreme Court against the directions of former CIC Shailesh Gandhi. Calling upon administrative officers of CIC to pursue these contempt of court cases against top management of RBI, he asked: “If the banking regulatory like RBI will not honour the constitutional directions, what will be the effect of constitution on securing rule of law?”

Acharyulu also made a fervent appeal to the RBI governor – to remember the farmers who die as they fail to repay their debt – “before defying the transparency law and directions”. He also asked Patel to immediately discontinue the non-disclosure policy saying it would seriously harm the economy of the nation. As per the National Crime Records Bureau, in 2015 along over 3,000 farmers had committed suicide across the country as they were unable to repay their loans.

In his order, Acharyulu also recalled that RBI had earlier disclosed, in response to an RTI application, that bad debt stood at Rs 15,551 crore for the financial year ending March 2012 and that it had shot up by over three times to Rs 52,542 crore by the end of March 2015.[/vc_column_text][/vc_column][/vc_row]

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Supreme Court questions Centre on inclusion of non-Muslims in Waqf Council

The Supreme Court on Tuesday posed tough questions to the Centre regarding the Waqf Amendment Act, particularly its stance on religious representation and land classification provisions.

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The Supreme Court of India, during a hearing on petitions challenging the Waqf Amendment Act, raised pointed questions to the Central government, specifically regarding the inclusion of non-Muslims in the Central Waqf Council. The bench asked whether a reciprocal arrangement—such as allowing Muslims to be part of Hindu religious boards—would be acceptable.

A bench headed by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and KV Vishwanathan, was hearing 73 petitions questioning the constitutional validity of the amended Waqf Act. The new legislation has been the subject of protests in various regions, mainly due to its redefined provisions, including the controversial concept of ‘Waqf by user’.

At the beginning of the session, the Chief Justice sought clarity from the petitioners on two fronts: whether the case should be sent to a High Court and what specific legal arguments they aimed to raise in the Supreme Court.

Senior Advocate Kapil Sibal, representing one of the petitioners, argued that several provisions of the amended law infringe upon Article 26 of the Indian Constitution, which guarantees the right to manage one’s own religious affairs. He particularly criticized the extensive powers granted to the Collector under the new framework. According to Sibal, the Collector, being a government functionary, cannot also serve a quasi-judicial role, as it undermines the principle of separation of powers.

He also raised objections to the ‘Waqf by user’ provision—where a property may be declared as Waqf based solely on prolonged religious or charitable use, without formal documentation. While the amended Act now exempts disputed or government lands from being automatically classified as Waqf, the clause remains contentious.

The court’s query about the possible inclusion of Muslims on Hindu religious boards drew attention to what it called a lack of parity in religious governance. The top court hinted at the need for a balanced and non-discriminatory approach if religious representation is to be redefined through legislative changes.

The matter continues to evolve, with the Supreme Court yet to decide whether it will take up the entire batch of petitions or refer them to a High Court.

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21 police personnel injured in mob violence during Nashik dargah demolition

21 police officers were injured and 15 people detained after violence erupted during a high court-directed demolition of an unauthorised dargah in Nashik’s Kathe Galli area.

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Police vehicles damaged during Nashik demolition violence

In a violent turn of events during an anti-encroachment drive, 21 police personnel sustained injuries and three police vehicles were damaged in Nashik’s Kathe Galli area late Tuesday night. The incident occurred when a mob resisted the demolition of the unauthorised Satpeer Baba Dargah, which was being removed in compliance with a Bombay High Court directive.

Police resort to teargas and lathi-charge to restore order

According to Nashik Police Commissioner Sandeep Karnik, the situation escalated when a large crowd assembled at Usmania Chowk to oppose the dargah’s removal. The trustees of the religious structure had already begun the process of dismantling the structure earlier that night, but the gathering quickly turned violent, with stone-pelting directed at police and community leaders attempting to calm the crowd.

To disperse the mob, police deployed mild force, including lathi-charge and teargas shells. Despite the violence, authorities brought the situation under control by early morning, and the dargah was successfully removed around 6 am on Wednesday.

15 detained, 57 motorcycles seized; FIR process underway

Deputy Commissioner of Police Kirankumar Chavan confirmed that 15 individuals have been detained in connection with the violence. Additionally, 57 motorcycles believed to belong to suspects have been seized. An FIR is being filed against those responsible for the attacks.

Nearly 50 municipal personnel from the Nashik Municipal Corporation (NMC) participated in the demolition, aided by four excavators, six trucks, and two dumpers. Civic officials stated that the drive was a continuation of previous actions taken in February, during which several unauthorised structures around the dargah were removed.

Tensions over the site

The Satpeer Baba Dargah had been at the center of local controversy, with some residents and members of Hindu outfits previously demanding its removal, claiming it was an illegal structure. Nashik Central MLA Devyani Pharande had also raised concerns, stating that earlier demolition efforts were incomplete and that the site should be entirely cleared.

As of now, police officials report that the situation in the area remains peaceful and under control.

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National Herald row reignites BJP-Congress face-off amid ED chargesheet

BJP has reignited its attack on the Gandhi family, accusing them of a corporate conspiracy in the National Herald case, while Congress dismisses the ED action as a political vendetta by the Modi government.

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A political slugfest has erupted once again between the Bharatiya Janata Party (BJP) and the Congress following the Enforcement Directorate’s (ED) chargesheet naming Sonia Gandhi and Rahul Gandhi in the alleged money laundering case tied to the now-defunct National Herald newspaper. The BJP has termed the case a textbook example of “corporate conspiracy,” while the Congress has decried the move as an act of “political vendetta” by the Narendra Modi-led central government.

BJP questions Gandhi family’s property acquisition through Young India Ltd

Senior BJP leader Ravi Shankar Prasad, addressing a press briefing, accused the Congress of orchestrating a corporate arrangement to transfer property into the Gandhi family’s hands. He highlighted that in 2008, after the National Herald ceased publication, the Congress gave ₹90 crore to Associated Journals Limited (AJL), the newspaper’s publisher — a transaction he claims violates the norms as political parties are barred from funding private entities.

AJL reportedly failed to repay the loan, after which a non-profit entity, Young India Limited (YIL) — in which Sonia and Rahul Gandhi each hold a 38% stake — acquired the company’s shares and, by extension, its properties across several Indian cities. Mr. Prasad questioned YIL’s charitable work and highlighted that a token amount of ₹50 lakh was paid to AJL before the remaining loan was written off.

“This is the Gandhi model of development,” Prasad said, alleging that the arrangement enabled the Gandhi family to take control of property worth thousands of crores.

BJP expands attack to Robert Vadra

The BJP leader also took aim at Priyanka Gandhi Vadra’s husband, Robert Vadra, citing alleged irregularities in land transactions. “Another member buys land for ₹3 crore and sells it for ₹58 crore. The country should learn from this Gandhi model,” he remarked sarcastically.

Congress fights back, terms case a political smokescreen

The Congress has launched protests across the country in response to the BJP’s remarks and the ED’s chargesheet. Senior leader Pawan Khera likened the current actions to pre-Independence times, stating, “Back then, the British hated National Herald, the Gandhi family and the Congress — today the RSS has taken that place.”

Calling the case baseless, Congress leader Sachin Pilot said, “There has been no exchange of funds or transfer of property rights. This case is politically motivated, and the Modi government is attempting to silence the voice of the Opposition.” He affirmed that the party has full faith in the judiciary and will fight the case legally.

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