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CJI Gogoi sacks two SC officials for changing order on contempt case against Anil Ambani

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CJI Gogoi sacks two SC officials for changing order on contempt case against Anil Ambani

Chief Justice of India Ranjan Gogoi on Wednesday (Feb 13) summarily dismissed two court officials for tampering with a judicial order to erroneously convey that industrialist Anil Ambani had been exempted from personal appearance in a contempt case.

According to the story first reported by The Telegraph, the two court officials, court masters Manav Sharma and Tapan Kumar Chakraborty who held the rank of assistant registrars, were responsible for taking down all orders dictated in the open court or in the judges’ chambers and getting them uploaded on the website.

The CJI, acting on a complaint by Justice Rohinton F Nariman, who has been hearing the contempt case, used his powers under Article 311 of the Constitution and Section 11(13) of the Supreme Court which empower the CJI to dismiss any employee under “extraordinary” circumstances without resorting to normal disciplinary proceedings.

In Justice Nariman’s order in January, a show-cause notice of contempt was issued to Anil Ambani over alleged failure to clear outstanding dues to Ericsson India despite categorical undertakings to the top court. The telecom firm has moved court for dues of Rs 550 crore from Ambani’s Reliance Communications (RCom).

The order that was uploaded on the Supreme Court website on January 7 said the “personal appearance of the alleged contemnor(s) is dispensed with”, meaning Ambani’s presence was not required.

However, a few hours earlier, a bench of Justices RF Nariman and Vineet Saran had directed the personal presence of Ambani in the contempt proceedings. Under the Contempt of Court Act, a person against whom proceedings have been initiated has to appear in person unless the court in its discretion chooses to dispense with the requirement.

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The order changed to favour Ambani was uploaded on the website even though Justice Nariman had hours before made it clear that Ambani’s personal appearance was not dispensed with.

The discrepancy led senior advocate Dushyant Dave and other Ericsson representatives move Justice Nariman’s court again, pointing this out.

Justice Nariman, expressing shock, got the correct order uploaded on the website on January 10. “Personal appearance of the alleged contemnor(s) is not dispensed with,” the revised order said.

Justice Nariman also preferred an inquiry against the court officials, which suggested deliberate tampering after a scrutiny by the CJI.

Subsequently, court masters, Manav Sharma and Tapan Kumar Chakraborty, who held the rank of assistant registrars, were sacked on Wednesday evening.

Following the revised order, Ambani was present in the court on February 12 and on February 13 in connection with the contempt proceedings. He spent over two hours in the court on Tuesday and almost the whole day on Wednesday when the judgment was reserved by Justice Nariman’s bench.

Inquiry was being held “to get to the root of the entire issue” and identify all those responsible for the alleged tampering of the judicial order. Some lawyers are also under the scanner, said the report in The Telegraph, citing sources.

Media reports said towards the end of the proceeding, Justice Nariman told senior lawyers Mukul Rohatgi and Kapil Sibal, who appeared for Ambani and RCom: “Consequences will follow of what you have done.”

As for the contempt case, the Supreme Court on Wednesday reserved its judgement after the hearing on the case concluded.

During the hearing, senior advocate Dushyant Dave, appearing for Ericsson India, argued that the court had ordered RCom to pay Rs 550 crore by Sept. 30 and their failure to pay despite the extensions constitutes contempt of the top court’s order.

Dave said they had accepted the offer made by RCom in good faith and had agreed for lifting the moratorium. “It’s so unfortunate that people who think they are extraordinary citizens of the country think they can take the court for a ride.”

Defending Anil Ambani, Senior Advocate Mukul Rohatgi said the undertaking to pay dues was subject to the spectrum sale deal between RCom and elder brother Mukesh Ambani’s Reliance Jio working out. Despite making all attempts, the deal could not go through due to a failure to secure a no-objection certificate from the Department of Telecommunications, said Rohatgi.

The court had on 23 October last year asked RCom to clear dues by 15 December 2018, saying delayed payment would attract an interest of 12% per annum.

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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