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How the CBI special judge order completely destroyed the basis of the 2G case



How the CBI special judge order destroyed the basis of the 2G case

The Special CBI judge on Thursday (December 21) acquitted all the 19 accused in the 2G spectrum allotment scam, completely demolishing the case per se in his order.

For the ED case, the accused were as follows:

(1) A Raja; (2) Shahid Usman Balwa; (3) Vinod Goenka; (4) Asif Balwa; (5) Rajeev Agarwal;  (6) Karim Morani; (7) Sharad Kumar; (8) M K Dayalu Ammal; (9) Kanimozhi Karunanithi; (10) P Amirtham;  (11) M/s Swan Telecom (P) Limited (now Etisalat DB Telecom (P) Limited); (12) M/s Kusegaon Realty (P) Limited (formerly Kusegaon Fruits and Vegetables (P) Limited; (13) M/s Cineyug Media & Entertainment (P)  Limited (formerly Cineyug Films (P) Limited); (14) Kalaignar TV (P) Limited; (15) M/s Dynamix Realty; (16) M/s Eversmile Construction Company (P) Limited; (17) M/s Conwood Construction &  Developers (P) Limited;  (18) M/s DB Realty Limited; and (19) Mystical Construction (P) Limited (earlier known as Nihar Constructions (P) Limited).

On Page 103 of the order, the judge observes under heading ‘Disposal of property’:

“In the instant case, as per para 5.2 of the complaint, property worth Rs. 223.55 crore of DB group of companies and its associates has been attached by ED… However, in view of the acquittal of the accused, necessary order is also required to be passed relating to attached properties.

“Let me take note of the legal position on this issue.

“Clauses 5 & 6 of Section 8 of the Act (Prevention of Money­Laundering Act 2002) deals with disposal of property, both in case of conviction as well as acquittal by the Special Court. These clauses read as under:

“… Where on conclusion of a trial under this Act, the Special Court finds that the offence of money laundering has not taken place or the property is not involved in money-laundering, it shall order release of such property to the person entitled to receive it.”

(the above para has been underlined by the judge “for supplying emphasis”)

He then continues: “Thus, in terms of sub¬clause (6) of Section 8, as noted above, in case Special Court finds that no offence of money laundering has taken place, it shall order release of attached properties to person(s) entitled to receive it.

“I may add that the prosecution argued that even in case   of   acquittal, under  Clause 6 referred to above, Special Court is empowered to confiscate the property, as the word used in the clause is “finds” and not “acquittal”.  It is the case of the prosecution that use of word “finds” in contrast to “acquittal” in the clause gives power to the Court to order confiscation of the attached   property,   even   in   case   of   acquittal   of   accused. However, I do not find any merit in the submission as word “find” refers to a conclusive decision of not guilty, amounting to acquittal of the accused. For ready reference, I may note that Section   248   of   CrPC,   heading   of   which   is   “Acquittal   or Conviction” also uses the words “finds the accused not guilty, he shall record an order of acquittal”.  Thus, the word “finds” refers to conclusive  decision  of  “acquittal”   or  “conviction”  and  not something   in   between   which   empowers   Court   to   order confiscation   of   property   even   in   case   of   acquittal.   The submission of the prosecution is contrary to law.

“In   terms   of   the   above   legal   position,   properties attached in the instant case by the Enforcement Directorate, are ordered to be released to the persons from whom the same were attached, after the time for filing of appeal is over.”

The court has, thus, conclusively destroyed the case and, while the ED has said that they would go into appeal, it would mean a possible reconstruction of the entire case, step by step, all over again. A mammoth task, by any standards. The CBI initially said it wanted to study the full order before consulting their legal experts and commenting on their next course of action, but pressure from the top changed their minds and they, too, said that they will go into appeal.

Regarding the CBI angle — where 17 were accused and which generally dealt with the larger picture of price realisation which projected the notional loss to government to a humongous Rs 1.76 lakh crore and more – on Pages 15-16, the CBI had mentioned a TRAI notification. It said:

“TRAI   also   observed   in   its   recommendations   dated 28.08.2007, in para 2.73, that: ‘The allocation of spectrum is after the payment of entry fee and grant of license. The entry fee as it exists today is, in fact, a result of the price discovered through a market based mechanism applicable for the grant of license to the the cellular   operator.

“In   today’s   dynamism   and unprecedented   growth   of   telecom   sector,   the   entry   fee determined   then   is   also   not   the   realistic   price   for obtaining   a  license.   Perhaps,   it needs   to be reassessed through a market   mechanism.”

The above para has been underlined by the court, emphasiging, possibly, the unsubstantiable nature of the price discovery process.

The Central Bureau of Investigation (CBI) allegation is a chain of events that has been connected, presumably yielding a big conspiracy. Those have been detailed, but the judge cited an old judgment to press home his point of view, on Page 12. He said:

“A few bits here and a few bits there on which the prosecution relies cannot be held to be adequate for connecting the accused in the offence of criminal conspiracy. The   circumstances   before,   during   and after the occurrence can be proved to decide about the complicity of the accused. (Vide Esher Singh v. State of AP.)”

In another place (page 213 of the 1552-page judgment) the judge quotes other judgements to cement his argument. He says:

“In Nalini case Wadhwa, J. pointed out… the need to guard  against prejudice being caused to the accused on account of joint trial with other conspirators. The learned Judge observed that: ‘… There   is   always   difficulty   in   tracing   the precise   contribution   of   each   member   of   the conspiracy   but   then   there   has   to   be   cogent   and convincing evidence against each one of the accused charged with the offence of conspiracy.’

“The pertinent observation of Judge Hand in U.S. v. Falcone was referred to: ‘…The distinction is especially important today when so many prosecutors seek to sweep within the dragnet   of   conspiracy   all   those   who   have   been associated in any degree whatever with the main offenders.”

The judge has, obviously talked about generalization and its risks.

The question has been placed around the price realization process and one can generally assume that a concrete evidence of relation between the price on record and possible price has not been arrived at, or could not be feasible to be arrived at.

This nature of argument also destroys the notional value argument that was the plinth of the case anyway. With time having passed and the telecom sector mature enough with competition despite all the allegations, it would be difficult to reconstruct the old theories of unfairness.

The judge demolishes the very price position of the government and the investigative agencies. On page 394, he says:

“Now   the   question   is:   Whether   any   assessment   of availability of spectrum was carried out by DoT or not?  Let me take note of the relevant documents and evidence in this regard.

“The case of the prosecution is that before deciding the date of 25.09.2007, no assessment of spectrum service area wise was carried out…”

Slowly, but surely, the judge destroyed all precincts of the case, helping him arrive at the final judgment.


Ensure nutrition supplement ad wins hearts, Tweeple say video taught them a lot | WATCH

In this era of ads where some advertisements are really praised for their inclusivity while the others are being criticised, Ensure (an American brand of nutritional supplements) have also come up with a very heart touching advertisement in this festive season.



Ensure nutrition supplement ad

By Tarannum

In this era of ads where some advertisements are really praised for their inclusivity while the others are being criticised, Ensure (an American brand of nutritional supplements) have also come up with a very heart touching advertisement in this festive season.

The video is on fleek and it’s being liked and shared by people a lot on social media, soon it came out. Tweeple are appreciating and twitting this viral video with good compliments.

In this inspiring advertisement, we can see a man making a list of guests, asking her wife for one of his specific friends on the occasion of the festival but her wife denies informing him about the long list and work overload, the man then make her a cup of hot tea made of Ensure milk powder, saying that we should thank the people who took time for us when nobody did. This cute message is liked by the people and Twitter is flooded with appreciation posts with the hashtag StrongerInsideOut.

One person tweeted that this video taught him to come up front, help people and celebrate. Have a look :

The other Twitter user wrote about the amazing initiative of this video and appreciated this.


What is Ensure?

Ensure is an American for nutritional supplements and replacements for meals. This brand, Ensure is manufactured by Abbott Laboratories.

Read Also: Amazon updates Alexa: Now you can move music between multiple echo devices, here’s how to do it!

Ensure Original contains 220 calories, six grams of saturated fat, 15 grams of sugar, and nine grams of protein in a 237-ml (8-fl oz) bottle. Water, corn maltodextrin, sugar, milk protein concentrate, canola oil, and soy protein isolate are the top six ingredients in Ensure original. For people with lactose intolerance can also take this as Ensure is considered lactose-free.

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Bollywood news

Tip Tip Barsa Paani: Raveena Tandon or Katrina Kaif? Mohra star likes tweets hailing original song

Apart from the movie’s plot, Sooryavanshi is ruling the hearts of the audience with its peppy songs. Recently, the makers have dropped the remake of the iconic 90s song Tip Tip Barsa Paani that has been recreated by Katrina and Akshay.



By Tarannum

The much-awaited film from Rohit Shetty’s cop universe, Sooryavanshi hit the silver screens on November 5. Apart from the movie’s plot, the Akshay Kumar and Katrina Kaif starrer is ruling the hearts of the audience with its peppy songs. Recently, the makers have dropped the remake of the iconic 90s song Tip Tip Barsa Paani that has been recreated by Katrina and Akshay.

The original Tip Tip Barsa Paani song from Mohra film was voiced by the singers, noted singers Udit Narayan and Alka Yagnik. It came out in the year 1994 wherein the audience had witnessed the sizzling chemistry between Raveena Tandon and Akshay Kumar.

Raveena Tandon likes tweets hailing original Tip Tip Barsa Paani

Soon after the song was released, fans started comparing it to the original song from the film Mohra, which featured Raveena Tandon and Akshay Kumar. The recreated version by Kat and Akki sent the mercury soaring and is receiving rave reviews, however, a section of fans had conflicting opinions about Katrina’s performance. While some of them admired her performance, others felt that it did not match the original version.

One of the fans tweeted that the original tip tip barsa pani is something else, that too in the early 90s. The Tip Tip Barsa Pani star has liked the tweets wherein the audience have praised the original version of the song.

Tip Tip song from Sooryavanshi

In the song, Katrina Kaif can be seen donning a silver metallic saree and her scintillating moves will surely make you fall head over heels in love with her. While Katrina is dancing in the rain, Akshay can be seen admiring her. The song has a carnival set up and has been recreated by Tanishk Bagchi.

Watch the Tip Tip song here

In other news, Telugu actor Anushka Shetty gave a return gift to her fans on the occasion of her 40th birthday. The Baahubali star has announced her new project with Mahesh Babu P.

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Cinema news & gossip

Bheemla Nayak’s latest song out: Pawan Kalyan’s new power look in the lungi

Finally the wait is over, after a long time this new song Lala Bheemla has been released today. It is debuted by the filmmakers of the upcoming film Bheemla Nayak, which stars superstar Pawan Kalyan.



By Tarannum

Finally, the wait is over, after a long time this new song Lala Bheemla has been released today. It is debuted by the filmmakers of the upcoming film Bheemla Nayak, which stars superstar Pawan Kalyan.

Lala Bheemla is a song with such a high level of energy and music. The song is composed by S Thaman and released on the occasion of Trivikram’s birthday who is a lyricist and dialogue writer for the film.

Manobala Vijayabalan tweeted about the song release with the date, song name and the name of filmstar Pawan Kalyan.

The song is based on strong composition, intense lyrics, aggressive vocals, and hair-raising imagery which absolutely meets beyond the expectations.

It’s a treat to watch Pawan Kalyan dressed as a cop in a mass avatar in Lungi. The female dancers from Odisha in the background are also enhancing the mass appeal.

The fact that Trivikram Srinivas, who produced the film’s screenplay and dialogues, also wrote the song’s lyrics is intriguing. Because of his energetic singing, Arun Kaundinya totally changed the mood of the song which is an absolute game-changer.

If we talk about the production of the film, Naga Vamsi has produced the film under the company Sithara Entertainments. Fans of the actor Pawan Kalyan are amazed to hear this incredible song. Therefore, Bheemla Nayak is set to hit the theatres in Sankranthi 2022.

Nithya Menen also plays the lead role in Bheemla Nayak. S Thaman is in charge of the film’s musical score, while Ravi K. Chandran and Naveen Nooli are the cinematographer and editor, respectively.

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