Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Thursday, 5 April 2018

सुप्रीम कोर्ट ने केंद्र से कहा - आधार हर मर्ज की दवा नहीं, बैंकिंग धोखाधड़ी रोकने में कारगर नहीं

नई दिल्ली: सुप्रीम कोर्ट ने गुरुवार को कहा कि आधार बैंकिंग धोखाधड़ियों को रोकने के लिए ज्यादा कुछ नहीं कर सकता. शीर्ष अदालत ने ‘केवल कुछ आतंकवादियों को पकड़ने के लिए’ पूरी जनता से अपने मोबाइल फोन आधार से जोड़ने के लिए कहने पर केंद्र पर सवाल खड़े किए. शीर्ष अदालत ने कहा कि बैंक अधिकारियों की धोखाधड़ी करने वालों से ‘साठगांठ’ होती है. अदालत ने कहा कि ऐसा नहीं है कि घोटाले इसलिए होते हैं क्योंकि अपराधी अज्ञात होते हैं. अदालत ने ये टिप्पणियां उस समय कीं जब केंद्र ने दलील दी कि आधार आतंकवाद और बैंक संबंधी धोखाधड़ी जैसी समस्याओं पर रोक लगाने में मदद करेगा.

पीठ ने कहा, ‘‘धोखाधड़ी करने वालों की पहचान के बारे में कोई संदेह नहीं है. बैंक जानती है कि वह किसे ऋण दे रही है और बैंक अधिकारियों की धोखाधड़ी करने वालों से साठगांठ होती है. आधार इसे रोकने के लिए ज्यादा कुछ नहीं कर सकता.’’

इस पीठ में न्यायमूर्ति ए के सीकरी, न्यायमूर्ति ए एम खानविलकर, न्यायमूर्ति डी वाई चंद्रचूड़ और न्यायमूर्ति अशोक भूषण भी शामिल थे. पीठ ने केंद्र की ओर से पेश अटार्नी जनरल के के वेणुगोपाल से कहा कि बैंकिंग धोखाधड़ी कई पहचान पत्रों के कारण नहीं होता है. केंद्र का कहना है कि बायोमैट्रिक्स सुरक्षित हैं और ये ‘‘धन शोधन, बैंक धोखाधड़ी, आयकर चोरी और आतंकवाद’’ जैसी समस्याओं का समाधान कर सकती है. पीठ ने कहा कि आधार मनरेगा जैसी योजनाओं के फर्जी लाभार्थियों को खोज निकालने में अधिकारियों की मदद कर सकता है.

Source:-Zee News

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Monday, 8 May 2017

Lalu Prasad Yadav to stand trial in all feed trick cases, SC permits CBI request

New Delhi: In a major mishap to RJD boss Lalu Prasad Yadav, the Supreme Court on Monday permitted the CBI request restricting the dropping of charges against previous Bihar boss pastor regarding the notorious grain trick case.

The summit court deciding suggests that the veteran legislator will now need to face indictment independently in all feed trick related cases.

The summit court passed its request in light of a supplication recorded by the CBI contradicting the dropping of charges against Lalu Yadav regarding the grub trick case.

With its request, the pinnacle court additionally put aside the Jharkhand High Court governing by which trial against Lalu and others were remained after conviction in one of the grain trick cases.

The Jharkhand High Court ought to have been steady in its discoveries and ought not have given distinctive perspectives for various arrangements of blamed for a situation, the zenith court said.

In the interim, the pinnacle court likewise pulled up the CBI for deferral in documenting advance against the Jharkhand high court arrange for the situation.

The CBI chief ought to have investigated this critical matter and deputed an officer to seek after the case, it said.

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Friday, 28 April 2017

SC to hear request against connecting Aadhaar with PAN cards today

New Delhi: The Supreme Court will on Friday hear a request, testing the administration's choice to interface Aadhaar with Permanent Account Number (PAN) card for documenting of salary government forms and to apply for new PAN.

Prior on Wednesday, the Center told the peak court that the choice taken by it was made with the expectation of controling tax avoidance and to keep beware of dissemination of dark cash.

Showing up before a seat of Justices A.K. Sikri and Ashok Bhushan, Attorney General Mukul Rohatgi said the move was to weed out fake PANs that are being utilized to occupy assets to shell companies.Three petitions in such manner host been recorded by senior Communist Get-together of India pioneer Binoy Vishwam, Dalit rights dissident Bezwada Wilson and resigned armed force officer S.G. Vombatkere.Section 139AA of the Income-assess Act, 1961 as presented by the Finance Act, 2017, accommodates obligatory citing of Aadhaar/Enrolment ID of Aadhaar application shape, for recording of return of wage and for making an application for allocation of Permanent Account Number with impact from first July, 2017.

In August 2015, the summit court in a request made it clear that Aadhaar cards won't be obligatory for profiting advantages of the government`s welfare schemes.The Narendra Modi government, which eyes to end the dark cash danger, had a month ago made Aadhaar card compulsory for documenting the Income Tax returns, for applying for a Pan card, to look with the expectation of complimentary gas associations under the Pradhan Mantri Ujjwala Yojana.  

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Tuesday, 18 April 2017

Babri Masjid annihilation: Will LK Advani, MM Joshi, Uma Bharti confront trick charges? SC to choose today

New Delhi: The Supreme Court is probably going to articulate its decision on an interest documented by CBI against dropping of intrigue charges against LK Advani, Murli Manohar Joshi and Uma Bharti on Wednesday.

The to court supported a period bound consummation of trial in the Babri Masjid destruction case and saved its request on the CBI supplication for recovery of scheme charges.

Noticing that the matter was pending for most recent 25 years, the seat of Justice Pinaki Chandra Ghose and Justice Rohinton Fali Nariman said that they would summon uncommon powers under the Constitution's Article 142 to exchange the trial to Lucknow where the eight pioneers, including and Joshi, could be striven for connivance alongside 13 others.

The CBI had moved the top court against May 2010 Allahabad High Court decision dropping scheme charge against the eight senior Bharatiya Janata Party and Vishwa Hindu Parishad (VHP) pioneers.

Advani and Joshi, alongside Uma Bharti and Vinay Katiyar (all BJP), Sadhvi Rithambra, Acharya Giriraj Kishore, Ashok Singhal and Vishnu Hari Dalmia (VHP) were confronting trial for making discourses from the dais at Ramkatha Kunj before the annihilating of the sixteenth century mosque in Uttar Pradesh's Ayodhya on December 6, 1992 by Hindu conservative activists.

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Thursday, 12 May 2016

SC on Subrata Roy's wealth: Why is such a rich person not paying dues?

The Supreme Court on Wednesday was surprised at the extent of wealth Sahara group's chief Subrata Roy has and wondered why "such a rich person didn't pay a fraction of wealth and stayed in jail for two years".

The court was hearing a plea to extend the parole of Roy, who is now out from jail after his mother's death. During the proceedings, Sahara's counsel Kapil Sibal submitted details of all the properties of the Sahara group in India and abroad in a sealed cover and requested the court not to disclose the details of properties.
Subrata Roy.

Subrata Roy.

On May 6, the court had directed release of Roy on parole for four weeks to attend rituals following the death of his mother Chhabi Roy and allowed him to visit Haridwar and Ganga Sagar for the rites and ceremonies.

Prior to this, the bench had directed the Sahara group to furnish details of all its properties in a sealed cover to ascertain the fact as to whether they are sufficient for paying back the entire amount to the investors.

Roy has been in Tihar jail since March 4, 2014, on the orders of the apex court in relation to a long running dispute with market regulator SEBI.

The bench comprising chief justice T S Thakur and justices A R Dave and A K Sikri, which eventually gave relief to Roy on Wednesday, noted that the fresh list of properties provided in the sealed cover speaks that "value of your properties was far more than your liability".

When the court saw the list of Roy's assets it expressed surprise why "such a rich person didn't pay a fraction of wealth and stayed in jail for two years."

"Why person with this kind of fortune shall be hesitant to make payment," the bench asked.

Sibal replied, "What is your fear? I will run away. I am going to give an undertaking that I will get Rs 500 crore in two months."

Seeking extension of interim parole for Roy till August 4, Sibal said the Sahara chief has already spent more than two years in jail and his client was ready to give an undertaking that he would pay a substantial amount of money in a span of 180 days.

"We have already suffered a lot. We have learnt the lesson. We have done everything we could do. We have even authorised SEBI to sell our properties at circle rates. Give us an opportunity. Give me a chance, I will arrange the money once I come out," Sibal said.

According to a report in the Times of India, Sibal submitted two checks - of Rs 500 crore that can be encashed in August and another Rs 4,500 crore as a guarantee. However, the court finally

However, the court finally gave Roy extension until 11 July and asked him to pay up Rs 200 crore to Sebi before that date. If he fails to do this, he will have to surrender and go back to jail. The court has also allowed him to travel anywhere in India.

The court's surprise is understandable. But, as R Jagannathan said in an earlier article in the Firstpost, in the case of Sahara there are always more questions than answers.

"...The group primarily operates in areas where regulation is weak or where regulators are not sure of their jurisdiction. Sahara has also been very nimble about shifting from one regulatory jurisdiction to another in order to stay ahead of the law-enforcers. What is crystal clear is that the group is primarily into money-raising schemes that operate on the edges of the law," he had pointed out in the copy arguing that it is a fit case for an SIT investigation.

Remember, the group's claim that it had repaid most of the investors in the illegal OFCD had raised many an eye brow in 2012.

In August 2011, the group was to pay back Rs 24,029 crore to 29.6 million investors. But in just one year, the group claimed that it has paid up and the amount is just Rs 5,120 crore. This revelation had raised suspicion as it came just before the Supreme Court order of August 2012 that barred the group from making any refunds directly to the investors.

How did the group manage to decrease the amount to be repaid to just Rs 5,120 crore in just one year? This remains a mistery even now.

In other words, the Supreme Court has just added one more to the list of unanswered questions about a group mired in mistery and controversy.

Source: http://www.firstpost.com