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Three directors of real estate firm Amrapali sent to police custody

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Three directors of real estate firm Amrapali sent to police custody

Amrapali promoter Anil Sharma and two other directors of the real estate group were sent to police custody from inside a courtroom in the Supreme Court today (Tuesday, October 9) for not handing over documents relating to accounts to forensic auditors.

A bench of Justices Arun Mishra and UU Lalit, hearing the matter in connection with a bunch of cases filed by aggrieved homebuyers said the company directors had been “playing hide and seek” with the court and told the police to keep the directors – Anil Kumar Sharma, Shiv Priya and Ajay Kumar – in custody for as long as the company doesn’t submit its accounts.

The three were taken away from the court premises.

By not providing the documents, the judges said the company directors were “trying to interfere with the administration of justice”.

The court sought to know whether the money invested by the homebuyers were diverted for some other purposes. An audit has been ordered for this, but the documents remained elusive and the bench came down heavily on Sharma and two directors who had been summoned.

“We don’t know if it will take one day or one month. But you will be in custody until all the documents are given to the auditors,” said the bench as it directed the Delhi Police and Noida Police to work together to seize the pertinent documents.

It said that the policemen will escort the trio to Amrapali offices and other places from where the documents are to be recovered.

“You will now be released only after the auditors are satisfied that they have received all the documents,” clarified the bench, as it further issued formal notices of contempt of court.

It has also ordered for confiscation of the passport of the trio while fixing October 24 as the next date of hearing.

Amrapali Group has failed to hand over possession of flats to around 42,000 homebuyers, according to media reports. The property developer has been facing the wrath of the Supreme Court after homebuyers moved the court for not getting their flats delivered on time.

On 24 September, the judges had ordered the company to hand over all documents within 24 hours after hearing the company’s former auditor Anil Mittal told the court that over Rs 2,900 crore invested by homebuyers was diverted by nine companies to buy shares in 37 other companies.

The top court was also told that no income tax returns were filed by the company between 2015 and 2018.

The judges have already brought in the state-owned National Buildings Construction Corporation Ltd (NBCC) to complete 16 Amrapali projects in Noida and Greater Noida.

Last month, the court had also appointed a debt recovery tribunal officer to oversee the sale of unencumbered assets of the beleaguered real estate company to raise funds to complete Amrapali’s unfinished housing projects.

The judges had warned the company directors about strict action at earlier hearings also when its lawyer sought time to produce the documents. “Why are you saying this? Do you want your premises sealed? Next time we will not wait to hear you,” Justice Lalit said.

It is the third such incident in the recent past when people have been arrested inside the courtroom, said News18. It said Subrata Roy was arrested over not complying with the court order to refund the money meant for reimbursing the investors. In the same case, another person was arrested inside the courtroom over resiling from his stand to buy a property of Sahara group.

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M K Stalin meets PM Modi, seeks release of pending funds to Tamil Nadu

“Tamil Nadu has long upheld a two-language policy, reflecting the will of our people,” he said.

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Tamil Nadu Chief Minister MK Stalin on Friday met Prime Minister Narendra Modi in New Delhi and sought early release of pending funds to the state to implement various welfare schemes.

During the meeting, the Chief Minister and DMK president also requested PM Modi to personally intervene to protect the interest of Tamil fishermen, a state official said.

After meeting the Prime Minister, Stalin also met Congress Parliamentary Party chief Sonia Gandhi, ahead of a public rally in Kancheepuram on September 28, where leaders from the opposition coalition will gather.

Stalin arrived in the national capital on Thursday evening and received a warm welcome from DMK leaders, including members of Parliament T R Baalu, Tiruchi Siva, Dayanidhi Maran, K Kanimozhi, and T Sumathy among others. 

In a post on X, the Tamil Nadu Chief Minister said that he had a cordial meeting with PM Modi, where he discussed key issues concerning the State.

He requested the release of the Union Government’s share for Phase 2 of the jointly implemented Chennai Metro, noting that several States that initiated their metro projects after Tamil Nadu have already received their funds.  

Stalin also urged the immediate release of Samagra Shiksha funds, currently withheld due to the non-implementation of the NEP. “Tamil Nadu has long upheld a two-language policy, reflecting the will of our people,” he said.

Calling for urgent intervention regarding the repeated arrests of Tamil Nadu fishermen by the Sri Lankan Navy, the Chief Minister said that he is looking forward to a swift and positive action from the Prime Minister on such important matters for the benefit of Tamil Nadu.

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Supreme Court raps Delhi air quality panel for failing to curb air pollution

The court also inquired about the actions taken against officials who failed to fulfill their responsibilities.

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On Friday, the Supreme Court came down heavily on the central air quality panel for not taking adequate steps to monitor the air quality and curb pollution in the national capital region. The next hearing on the matter will be on October 3 next month.

A bench comprising Justices Abhay S Oka and Augustine George Masih found that the Commission for Air Quality Management (CAQM) did not form any committee to monitor air quality.

“There has been total non-compliance of the Act. Have committees been constituted? Please show us a single step taken, which directions have you used under the Act? Just see the affidavit. Show us a single direction issued under S 12 and others,” Justice Oka said.

Justice Oka added, “It is all in the air, nothing they have shown as to what they have said to the NCR States.”

The court acknowledged that the CAQM had taken some action, but their performance fell short of expectations. Every winter, the National Capital Region (NCR) faces a severe air quality crisis due to factors such as stubble burning in the neighboring states of Haryana and Punjab.

The court directed the CAQM to provide details of their meetings and a more comprehensive compliance report. When informed that the CAQM meets only once every three months, the court questioned whether this frequency was sufficient and whether their decisions were effectively addressing the issue of stubble burning.

The court also inquired about the actions taken against officials who failed to fulfill their responsibilities.

The CAQM chairman Rajesh Verma mentioned that meetings had been held with the officials and pollution boards of Punjab and Haryana, and warnings had been issued to their chief secretaries.

The apex court further asked Verma about the action being taken against the concerned officials. To which, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that the chairman had recently joined the office.

Verma, however, informed the court that meetings were held with the officials and pollution board of Punjab and Haryana, and they have issued warnings to their chief secretaries.

Senior advocate Aprajita Singh, who is assisting the court as amicus curiae, stated that if their law was being violated, they have the authority to take action. “But they are being silent spectators,” observed the court.

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Karnataka govt decides to withdraw general consent to CBI to probe cases in state amid MUDA row

He said there is concern being expressed “day-in-and-day-out” that CBI is misused in several cases.

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Amid a row over the MUDA scam, the Karnataka government on Thursday decided to withdraw its general consent given to CBI to investigate cases in the state.

Law and Parliamentary Affairs Minister H K Patil, after a meeting of Cabinet chaired by Chief Minister Siddaramaiah, said that the notification granting general consent for the Central Bureau of Investigation (CBI) to probe criminal cases in Karnataka state, under the Delhi Special Police Establishment Act, 1946, has been withdrawn.

According to section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the Central Bureau of Investigation needs consent from the respective state governments to conduct investigations in their jurisdiction.

Speaking to PTI, Patil said that the decision was taken because it was clear that the CBI or the central government while using their instrumentalities have not been using them judiciously. “So, case-by-case we will verify and give (consent for CBI probe), general consent has been withdrawn,” he added.

Asked whether this was being done to shield the Chief Minister who is facing a probe in the Mysuru Urban Development Authority (MUDA) site allotment case, Patil said, “On CM there is a court order for Lakayukta probe, so there is no such question.”

He said there is concern being expressed “day-in-and-day-out” that CBI is misused in several cases.

Even in the cases that the state government had given to CBI or the agency had taken up, in several of them chargesheets were not filed, Patil said. “They (CBI) refused to file chargesheets, they refused to probe umpteen number of mining cases.”

On being asked whether the government has done this keeping in mind the demand for CBI probe into Karnataka Maharshi Valmiki Scheduled Tribe Development Corporation fund misappropriation case by the BJP, the Minister said: “It has nothing to do with it as the matter is in court, the court will decide.”

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