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SC holds Anil Ambani guilty of contempt, give month to pay dues to Ericsson or face jail

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[vc_row][vc_column][vc_column_text]Reliance Communications (RCom) chairman Anil Ambani and two directors in his company were today (Wednesday, Feb 20) held guilty of contempt by the Supreme Court for failing to pay Rs 550 crore dues owed to Swedish telecom giant Ericsson despite court orders and their undertaking to the court.

A bench of justices RF Nariman and Vineet Saran asked Ambani and the two directors to pay Rs 453 crore to Ericsson within four weeks, failing which they would face three months’ jail term.

The court also imposed a fine of Rs 1 crore each on them and if the amount is not deposited within a month, then 1-month jail will be awarded. The other two directors are Reliance Telecom chairman Satish Seth and Reliance Infratel chairperson Chhaya Virani.

It directed that Rs 118 crore already deposited by Reliance Group in the apex court’s registry be disbursed to Ericsson within a week.

The Court further held that the unconditional apology given by Reliance cannot be accepted, in light of its cavalier attitude towards the highest Court of the land.

RCom shares price dropped as much as 9.2 per cent to Rs 5.45 after the court order.

The court had reserved its judgment last week after hearing the two sides, during which senior advocate Dushyant Dave, representing Ericsson India in the case, had invoked the Rafale deal to target Ambani.

“They have money for Rafale. Somebody who is getting involved in every conceivable project has no money to pay Rs 550 crore to us and honour this Court’s order,” he told the bench. This was opposed vehemently by senior advocate Mukul Rohatgi, representing Anil Ambani

“To say that Anil Ambani gave a personal undertaking and that it was unconditional is a travesty of justice … It was conditional,” Rohatgi said. Rohatgi told the bench that the sale which was expected to net Rs 18,100 crore brought in only Rs 780 crore.

Dave submitted that this money from the sale was given to the Department of Telecommunications instead of Ericsson. Rohatgi replied that lenders had done this to keep the telecom licence alive as without that, there would be nothing.

He told the top court that with the failure of its assets sale deal with elder brother Mukesh Ambani-led Reliance Jio, Anil Ambani’s company has entered insolvency proceedings and is not in control of the funds.

RCom had told the court they had tried to move “heaven and earth” to ensure Ericsson gets its due but was unable to do so due to failure of assets sale deal with Jio.

However, the Supreme Court Bench slammed Ambani for his “cavalier attitude” and “wilful disobedience” of the court’s earlier orders to pay the dues Reliance Communication owed to Swedish telecom Ericsson company.

The court said it wasn’t sending Ambani to jail straight away, despite finding him guilty of contempt and willful disobedience of its orders because the bench felt that “the contempt can be purged by clearing the payments with interest.”

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

The Bench dismissed their “unconditional apology” for disobeying the orders of the highest court of the country.

“RCom had no intention to abide with the undertakings… Undertakings were false to the knowledge of the RCom and group companies. This amounts to contempt of court,” Justice Nariman said while reading out the judgment.

The contempt petition was filed by Ericsson, contending that Reliance had committed gross contempt by disobeying orders of the Supreme Court, which had directed it to pay Rs. 550 crores to Ericsson towards settlement of dues.

On August 3, the Supreme Court had ordered that the payment of Rs. 550 crore be made on or before September 30.

Subsequently, Reliance sought an extension of time for making the payment, which was allowed by the Supreme Court. On October 23, the Court said that as a “last opportunity”, it will allow Reliance to make the payment along with interest before December 15, 2018.

Before the expiry of the said date, Reliance once again filed an application for extension of the deadline, but the same was withdrawn on December 14 after it realized that the Court was not inclined to entertain the application.

Ericsson thereafter sought the initiation of contempt proceedings against Reliance Communications and Anil Ambani for violation of the Supreme Court orders of August 3 and October 23.

In the petition filed through advocate Bhargava V Desai, Ericsson had prayed that Anil Ambani, Chairperson of Reliance Communications, be detained in civil prison till the dues along with interest are cleared.[/vc_column_text][/vc_column][/vc_row]

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Sambhal violence: Samajwadi Party MP among 400 charged in Uttar Pradesh, Opposition blames BJP

The protesters also set some vehicles on fire and threw stones at the police, who used tear gas and batons to disperse the mob.

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Sambhal violence: Samajwadi Party MP among 400 charged in Uttar Pradesh, Opposition blames BJP

Samajwadi Party MP Ziaur Rahman Barq, and his party colleague Iqbal Mahmood’s son Nawab Suhail Iqbal are among the 400 people who have been charged in the violence over the survey of a mosque in Uttar Pradesh’s Sambhal. Nearly 25 people were arrested for the violence which killed 4 people.

During a court-ordered survey of the Mughal-era Shahi Jama Masjid on Sunday, Sambhal witnessed deadly clashes between the locals and the police. The Shahi Jama Masjid is at the centre of a contentious legal battle over claims that it was built on the site of a Hindu temple.

Reports said that the protesters also set some vehicles on fire and threw stones at the police, who used tear gas and batons to disperse the mob. Considering the situation, the district administration has imposed prohibitory orders and barred the entry of outsiders till November 30.

Around 20 police personnel were also injured and a constable, who suffered an injury to the head, is said to be critical. Addressing a press conference, Superintendent of Police Krishan Kumar said that due to Ziaur Barq’s statement earlier, the situation became worse. He added they were identifying the protestors using drone footage and that the accused would be charged under the stringent National Security Act (NSA).

Reacting to the incident, Leader of Opposition in Lok Sabha and Senior Congress leader Rahul Gandhi attacked the BJP today, saying the party was responsible for vitiating the situation.

The Congress leader said that the biased and hasty attitude of the state government on the recent dispute in Sambhal, Uttar Pradesh is extremely unfortunate. He expressed deepest condolences to those who lost their loved ones in the violence and firing. He claimed that the administration’s insensitive action without listening to all parties further vitiated the situation and resulted in the death of many people, for which the BJP government is directly responsible.

Rahul Gandhi further said that the BJP’s use of power to create rift and discrimination between Hindu-Muslim communities is neither in the interest of the state nor the country. He also requested the Supreme Court to intervene in this matter as soon as possible and provide justice.

Earlier on Sunday, Samajwadi Party chief Akhilesh Yadav accused the BJP, along with the state government and administration of orchestrating the violence. 

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Akhilesh Yadav says BJP orchestrated Sambhal violence to cover up byelection malpractice

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

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Samajwadi Party chief Akhilesh Yadav on Sunday accused the BJP government of orchestrating the violence in Uttar Pradesh’s Sambhal district during a mosque survey, claiming it was a ploy to distract from electoral malpractice.

Yadav, the former chief minister of Uttar Pradesh, also alleged incidents of electronic booth capturing during the recently concluded bypolls for nine Assembly seats in the state, suggesting that a forensic examination of the electronic voting machines (EVMs) by the Election Commission could provide clarity on the situation.

Earlier in the day, the Uttar Pradesh Police used tear gas to disperse the crowd after it got violent and started stone pelting as tension escalated during a second survey of the Mughal-era mosque, claimed to be originally the site of an ancient Hindu temple. At least ten people were detained following the violent clash.

The local administration said that a second survey, led by an “Advocate Commissioner” as part of a court-mandated examination of the disputed area, commenced around 7 AM, attracting a gathering crowd.

Yadav made the statement a day after the results of the UP bypolls, where the Samajwadi Party secured only two seats, while the BJP and its ally, the RLD, won seven, including the Kundarki seat, which has a significant Muslim population.

“A serious incident took place in Sambhal, where a survey team was intentionally sent in the morning to disrupt election discussions. Their goal was to create chaos and prevent any debate on election-related issues,” Yadav claimed.

He said that several individuals were injured in the Sambhal violence, with one fatality, and questioned the need for a new survey conducted without proper preparation, especially when a previous survey had already been completed.

The Samajwadi Party chief said, “I won’t delve into legalities, but the other side wasn’t given a fair hearing. This was clearly designed to incite emotions and distract from conversations about electoral fraud.”

Yadav asserted that the events in Sambhal were a deliberate act by the BJP to divert attention from the alleged electoral irregularities. “In a true democracy, victory should come from the people, not the system. The kind of democracy the BJP is establishing ensures that the system prevails over the voters,” he stated.

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

He charged that on election day, the police and administration removed nearly all of the Samajwadi Party’s booth agents and many supporters eager to vote. “If voters were shut out, who actually cast the votes? If our party’s votes didn’t reach those booths and our candidate received no support, then who voted there? This is a serious concern,” he said.

Yadav also pointed out discrepancies with polling slips, alleging the presence of both red-marked and regular slips, which he claimed led to discriminatory practices on voting day. Haji Rizwan, the Samajwadi Party candidate for Kundarki, echoed the same claims, stating that his supporters faced barriers to voting. BJP’s Ramveer Singh won the Kundarki bypoll by a notable margin of over 145,000 votes.

Yadav said that a victory gained through deceit is nothing but an illusion that ultimately burdens those who orchestrated it. “This entire act has been staged by the BJP. Such a victory only morally weakens those who achieve it and dulls their conscience,” he said.

He questioned how one can uphold democracy when the government and administration themselves engage in oppression. “This dishonesty is not a new phenomenon. Election rigging has become their standard operating procedure, and the evidence has been captured on camera. Even an MLA faced humiliation,” the former chief minister alleged.

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Former CJI Chandrachud removed fear of law from political defectors, claims Shiv Sena (UBT) leader Sanjay Raut

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

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Shiv Sena (UBT) leader Sanjay Raut on Sunday criticised former Chief Justice of India D Y Chandrachud, accusing him of undermining the rule of law for politicians who switched parties in Maharashtra.

This statement from Raut follows his party’s disappointing performance in the recent state Assembly elections, where they secured only 20 out of the 95 seats contested within the Maha Vikas Aghadi (MVA) alliance. The results for the alliance’s partners were similarly poor, with Congress winning 16 of 101 seats and the NCP (SP) claiming just 10 of the 86 seats they contested for.

Raut asserted that by failing to rule on the disqualification petitions, Chandrachud enabled defections to occur freely.

Speaking to reporters, Raut said: “Chandrachud has eradicated the fear of the law among defectors. His actions will be remembered negatively in history.”

After the split of the Shiv Sena in 2022, the faction led by Uddhav Thackeray filed petitions in the Supreme Court seeking the disqualification of MLAs who defected to join Eknath Shinde. The Supreme Court subsequently assigned the responsibility to the Assembly Speaker, who earlier this year ruled that the Shinde-led faction represented the real political party.

Raut said the result of the Maharashtra Assembly election 2024 could have been different if Chandrachud had not delayed the decisions regarding disqualification petitions.

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

“The choice of Maharashtra’s Chief Minister will be dictated by the Gujarat lobby. Perhaps the swearing-in ceremony should take place in Gujarat instead of Maharashtra,” he said. Additionally, Raut credited the Rashtriya Swayamsevak Sangh (RSS) for their role in the success of the Mahayuti coalition, alleging that their aggressive campaigning techniques significantly influenced the election results.

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