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Citing inordinate delay, SC dismisses CBI plea against discharge of Hinduja Bros in Bofors case

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6 years ago

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Bofors scandal

A CBI plea challenging 2005 Delhi High Court order discharging Hinduja brothers in Rs 64 crore Bofors kickbacks case was dismissed by the Supreme Court today (Friday, November 2).

The CBI in its petition had blamed the UPA government for its silence all these 13 years. Interestingly, it chose to take it up when the Narendra Modi government faces elections in a few months and is under attack over Rafale deal.

The SC bench headed by Chief Justice Ranjan Gogoi said the special leave petition (SLP) by the CBI had been “filed after an inordinate delay” and that it was not convinced with the grounds given by the CBI filing the appeal against the Delhi High Court verdict after so many years.

“We are not convinced… we do not like to entertain,” Chief Justice Gogoi told Attorney General KK Venugopal, representing the CBI.

However, the court said that the CBI, which is a party in an identical appeal filed by a private person, advocate and BJP worker Ajay Agarwal, against the High Court order discharging the billionaire Hinduja brothers – Srichand, Gopichand and Prakash. That appeal is still pending in the Supreme Court and the court suggested that CBI court argue its grounds in that appeal.

The Bofors arms deal, worth Rs 1,437-crore, was made between India and Swedish arms manufacturer AB Bofors for the supply of 400 units of 155-mm Howitzer guns for the Indian Army on March 24, 1986, when the late Rajiv Gandhi was Prime Minister of India.

Revelations by the Swedish Radio, on April 16, 1987, that AB Bofors had allegedly paid bribes to top Indian politicians and defence personnel to secure the deal, had kicked up a political storm against the Rajiv Gandhi government in India and the ensuing tirade by Opposition leaders of the time, and Rajiv’s estranged ministerial colleague, VP Singh, is still believed to be the biggest trigger for the Congress’ defeat in the 1989 Lok Sabha polls.

The CBI had registered an FIR in 1990 against Martin Ardbo, the then chief of AB Bofors for alleged offences of criminal conspiracy, cheating and forgery under the Indian Penal Code and other sections of the Prevention of Corruption Act. FIR was registered against alleged middleman Win Chadda and the Hinduja brothers also. The first charge sheet in the matter was filed on October 22, 1999 against Chadda, Ottavio Quattrocchi, the then defence secretary SK Bhatnagar, Ardbo and the Bofors company. A supplementary charge sheet in the case was filed against the Hinduja brothers on October 9, 2000.

A special CBI court, on March 4, 2011, discharged Quattrocchi from the case, saying the country could not afford to spend hard-earned money on his extradition which had already cost Rs 250 crore. Later, on May 31, 2005, the Delhi High Court had also discharged the Hinduja brothers from the case.

Challenging the order, the CBI accused the UPA-I government for the delay in filing this appeal against a scam which “jeopardised national and public interest”, said a report in The Hindu.

In a separate application seeking to explain the delay of a dozen years, the CBI said it wanted to challenge the “legally unsustainable” order of the High Court, but the UPA-I government of the time denied it permission to come to the Supreme Court.

“While the petitioner-CBI was of the view that the impugned order is legally unsustainable and should be challenged before this Hon’ble Court, ultimately a decision was taken not to challenge the impugned order on the basis of the views expressed by the Government of India and the law officers who dealt with the matter at that stage, as the Government denied permission to the CBI to approach this Hon’ble Court,” the application said.

Further, the agency cited a development in 2017 which “fundamentally alters the landscape” in the Bofors scam case and said it was the primary reason for it to approach the Supreme Court.

This “most significant development” is an interview given by Michael Hershman to an Indian TV channel. “In the said interview, Mr. Hershman has stated that he is in possession of material which would show the payment of bribes in the Bofors deal, and that the involvement of powerful persons may be the reason for the checkered history of this case. The statements made by Mr. Hershman go to the very root of the matter,” the CBI told the apex court, while placing on record the transcript of the interview.

The CBI said it has already moved the trial court concerned under Section 173 (8) of the Criminal Procedure Code for further investigation in the case. But the 2005 High Court order stands as a roadblock and the SC has to remove it, hence the appeal.

It said the High Court quashed the proceedings in an arbitrary manner saying that the documentary evidence obtained by the CBI from authorities in Sweden were “neither available in original nor as duly authenticated copies”.

The High Court had said it would be “cruel joke on the accused to expose them to a long and arduous trial and waste public time and money” on the basis of such evidence.

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Mahatma Gandhi’s legacy under threat from Modi government: Sonia Gandhi

Approximately 200 leaders, including CWC members, special invitees, party officials, and former chief ministers, convened for the Congress meeting in Belagavi.

Published

7 mins ago

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December 26, 2024

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Congress Parliamentary Party (CPP) chief Sonia Gandhi on Thursday said Mahatma Gandhi’s legacy is under threat from those in power in New Delhi and the ideologies and institutions that have nurtured them. She urged the party workers to bolster their commitment to addressing these challenges with determination.

As the Congress Parliamentary Party Chairperson, Gandhi slammed the Narendra Modi government and the RSS, urging action against the forces she accused of fostering the toxic environment that contributed to Mahatma Gandhi’s assassination.

“It was a transformative moment in our nation’s history. Today, we recommit to honoring, safeguarding, and advancing the legacy of Mahatma Gandhi, who has always been and will remain our fundamental source of inspiration,” she stated.

“His influence shaped and guided the remarkable leaders of his time. However, his legacy now faces threats from those in power in New Delhi, along with the ideologies and institutions that support them,” she continued in her message.

“These organisations never stood for our freedom; they vehemently opposed Mahatma Gandhi and are responsible for creating a toxic environment that led to his assassination. Furthermore, they celebrate his assassins,” Gandhi asserted.

She highlighted that “Gandhian institutions across the nation are under assault” and expressed that it is fitting for this meeting to be named Nava Satyagraha Baithak. She called for a renewed determination to confront these forces with all available strength.

Additionally, she encouraged party workers to unite and tackle the challenges ahead with urgency and renewed enthusiasm.

Congress President Mallikarjun Kharge, also speaking at the meeting, accused the BJP of disrespecting freedom fighters, particularly B.R. Ambedkar. He alleged that Prime Minister Narendra Modi and his administration refuse to acknowledge the error made by Home Minister Amit Shah regarding his “extremely insulting” comments about Ambedkar.

In response, the BJP condemned the Congress’s gathering, labeling the Belagavi session as a “monumental mockery of the principles of Mahatma Gandhi.” Senior BJP leader C.R. Kesavan remarked that “Rahul Gandhi’s Congress stands in stark opposition to Mahatma Gandhi and his ideals.”

Approximately 200 leaders, including CWC members, special invitees, party officials, and former chief ministers, convened for the Congress meeting in Belagavi.

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China gives nod to build world’s largest dam on Brahmaputra close to Indian border

The investment in this dam could surpass one trillion yuan (approximately $137 billion), significantly overshadowing all other single infrastructure projects, including China’s own Three Gorges Dam, which is currently recognized as the largest in the world.

Published

36 mins ago

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December 26, 2024

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China has given its nod to construct the world’s largest dam, termed the most significant infrastructure project globally, with an estimated cost of $137 billion, located on the Brahmaputra River in Tibet near the Indian border, raising alarms for neighboring countries, particularly India and Bangladesh.

The Chinese government announced its decision to develop a hydropower project in the lower reaches of the Yarlung Zangbo River, which is the Tibetan nomenclature for the Brahmaputra.

The dam will be sited at a substantial gorge in the Himalayan region where the Brahmaputra river makes a notable U-turn, flowing into Arunachal Pradesh before reaching Bangladesh.

The investment in this dam could surpass one trillion yuan (approximately $137 billion), significantly overshadowing all other single infrastructure projects, including China’s own Three Gorges Dam, which is currently recognized as the largest in the world.

China had previously operationalised the $1.5 billion Zam Hydropower Station, the largest in Tibet, back in 2015. This Brahmaputra dam project forms part of the 14th Five-Year Plan (2021-2025) and is aligned with broader National Economic and Social Development goals and Long-Range Objectives set out through 2035, as established by the Communist Party of China’s key policy-making body in 2020.

Concerns have been raised in India, as the dam would allow China not only to manage water flow but also potentially to release significant water volumes, which could inundate border areas during hostilities. In parallel, India is also pursuing the construction of a dam on the Brahmaputra in Arunachal Pradesh.

In 2006, India and China instituted the Expert Level Mechanism (ELM) to address various matters related to trans-border rivers, which involves China providing hydrological data regarding the Brahmaputra and the Sutlej rivers during the monsoon seasons.

Discussions on data sharing related to trans-border rivers were highlighted in recent talks between the Special Representatives for border issues in India and China, NSA Ajit Doval, and Chinese Foreign Minister Wang Yi, which took place on December 18.

The proposed Brahmaputra Dam presents substantial engineering hurdles, situated along a tectonic plate boundary known for seismic activity. The Tibetan Plateau, often referred to as the “roof of the world,” is susceptible to earthquakes because of its location over tectonic plates.

An official statement released on Wednesday attempted to alleviate fears concerning seismic risks, asserting that the hydropower project is designed to be safe and emphasizes ecological protection.

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SBI PO recruitment 2024: 600 probationary officer posts announced

Published

42 mins ago

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December 26, 2024

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The State Bank of India (SBI) has released its official notification for the recruitment of Probationary Officers (PO) for 2024. The recruitment drive aims to fill 600 vacancies, including 586 regular positions and 14 backlog positions. Interested candidates can apply online through the official website, sbi.co.in, starting December 27, 2024.

This recruitment drive aims to fill 600 Probationary Officer (PO) positions, offering a great opportunity for aspirants looking to build a career in banking with one of India’s most prestigious financial institutions. The SBI PO posts will be filled through a rigorous three-phase selection process, including preliminary exams, main exams, and a final interview.

Candidates must meet the eligibility criteria, including a graduation degree and age requirements, to apply for the posts. The application process will be conducted online, with important dates for registration, examination, and document submission clearly outlined. Interested candidates are encouraged to check the official SBI website for detailed instructions and begin preparing for the upcoming selection rounds.

Key Dates

  • Application Start Date: December 27, 2024
  • Application Deadline: January 16, 2024
  • Preliminary Exam Call Letters Available: 3rd or 4th week of February 2025
  • Phase-I Preliminary Examination: March 8 and 15, 2025

Eligibility Criteria

  • Educational Qualification: A graduate degree in any discipline from a recognized university or equivalent. Final-year students can apply provisionally, provided they present proof of graduation by April 30, 2025.
  • Age Limit: Applicants must be between 21 and 30 years old as of April 1, 2024 (born between April 2, 1994, and April 1, 2003, inclusive).

Selection Process

The selection process involves three phases:

  1. Phase I: Preliminary Examination
    • An online objective test carrying 100 marks.
  2. Phase II: Main Examination
    • Conducted online, it includes an objective test for 200 marks and a descriptive test for 50 marks.
  3. Phase III: Psychometric Test, Group Exercise, and Personal Interview
    • A psychometric test will profile candidates’ personalities. Shortlisted candidates will participate in group exercises and interviews.

Application Fee

  • Rs. 750/- for Unreserved, EWS, and OBC candidates.
  • No fee for SC, ST, and PwBD candidates.

How to Apply?

Candidates must visit the official website, register, and complete the application process by the deadline. The call letters for the preliminary examination will be available in February 2025.

This recruitment provides an excellent opportunity for aspiring candidates to join one of India’s premier banking institutions. Applicants are advised to carefully review the eligibility and selection criteria before applying.

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