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Hello Jammu News at 5:35:00 PM 0



New Delhi, Mar 23 :   A Delhi court has ordered attachment of liquor baron Vijay Mallya's properties in Bengaluru in a case relating to FERA violations.

Chief Metropolitan Magistrate Deepak Sherawat issued fresh directions after the Bengaluru Police, through Enforcement Directorate's special public prosecutor N K Matta and advocate Samvedna Verma, sought more time to execute its earlier order in this regard.

The court directed the state police to attach the properties by July 10, the next date of hearing.

The Bengaluru Police had earlier informed the court that it had identified 159 properties belonging to Mallya, but had not been able to attach any of them.

Mallya was declared a proclaimed offender by the court on January 4 last year for evading its summons in the case.

The court had on May 8 last year directed the attachment of Mallya's properties in the case through the Bengaluru Police commissioner and sought a report on it.

It had declared Mallya a proclaimed offender for evading summons in a Foreign Exchange Management Act (FERA) violation case after noting that he had failed to appear despite repeated summonses.

It had on April 12, 2017 issued an open-ended non-bailable warrant (NBW) against the liquor baron.

Unlike a non-bailable warrant, an 'open-ended NBW' does not carry a time limit for execution.                                                                           [Agencies]
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Hello Jammu News at 1:36:00 PM 0

New Delhi, Oct 8: A Delhi Court Monday extended till November 1 the interim protection from arrest granted to former Union Minister P Chidambaram and his son Karti in the Aircel-Maxis case filed by the CBI and the ED.

Special CBI Judge O P Saini put up the matter for November 1 after the counsel appearing for agencies sought an adjournment in the matter.

Advocates appearing for the CBI and the ED, Additional Solicitor General Tushar Mehta and Nitesh Rana, told the court that the agencies required time to file a detailed reply and argue on the application filed through Chidambaram's lawyers P K Dubey and Arshdeep Singh.

Chidambaram and his son were named in the chargesheet filed by the Central Bureau of Investigation in the case on July 19.

The agency filed a supplementary charge sheet before the special judge, who will consider it on next date.

The CBI is probing how Chidambaram, who was the Union finance minister in 2006, granted a Foreign Investment Promotion Board (FIPB) approval to a foreign firm, when only the Cabinet Committee on Economic Affairs (CCEA) was empowered to do it.

The senior Congress leader's role has come under the scanner of investigating agencies in the Rs 3,500-crore Aircel-Maxis deal and the INX Media case involving Rs 305 crore.

In its charge sheet filed earlier in the case against former telecom minister Dayanidhi Maran, his brother Kalanithi Maran and others, the agency had alleged that Chidambaram had granted an FIPB approval in March, 2006 to Mauritius-based Global Communication Services Holdings Ltd, a subsidiary of Maxis.

The Maran brothers and the other accused named in the CBI chargesheet were discharged by the special court, which had said the agency had failed to produce any material against them to proceed with the trial.

The Enforcement Directorate is also probing a separate money-laundering case in the Aircel-Maxis matter, in which Chidambaram and Karti have been questioned by the agency.

Both Chidambaram and Karti have denied the allegations levelled against them by the CBI and the ED. (PTI)
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Hello Jammu News at 2:47:00 PM 0

New Delhi, Aug 11: A special Fugitive Economic Offenders Act court in Mumbai today issued public summons to the sister and brother of absconding diamantaire Nirav Modi, the main accused in the USD 2 billion bank fraud case, asking them to appear before it on September 25.

It said if they fail to appear, their assets will be confiscated under the newly enacted Act aimed at curbing big ticket economic crimes.

The court of M S Azmi, also the special judge for Prevention of Money Laundering Act (PMLA) cases in Mumbai, issued three public notices in leading dailies today naming Nirav Modi's sister Purvi Modi and brother Neeshal Modi as they have been "enumerated as an interested person" in an application made under the new Act by the Enforcement Directorate (ED) against the diamond merchant.

The two have been charged by the ED to have indulged in money laundering and subsequently, escaping from India as the alleged scam came to light.

The notice against Purvi and Neeshal show causes them to explain as to "why the properties mentioned in the application (filed by the ED earlier), in which you have pecuniary interest and/or otherwise, should not be confiscated under the said Ordinance (now the Fugitive Economic Offenders Act)."

The court has asked the duo to appear before it on September 25 at 11 am, the same date on which Nirav has also been summoned by it under the Fugitive Economic Offenders Act.

The third public notice against Nirav Modi asked him to depose on the same date and time as it said that he is accused in a money laundering case and "as you have left India and are refusing to come back to face trial in that case, you should be declared a fugitive under the above-mentioned Ordinance (now the Act)."

Therefore, the judge said in the public declaration, "I issue notice to you (Nirav) to show cause as to why the said application for declaring you a fugitive should not be allowed and as to why the the properties mentioned in the application, in which you have pecuniary interest and/or otherwise, should not be confiscated under the said Ordinance (now the Act)."

"I, therefore, direct Nirav Deepak Modi to remain present before me... on or before September 25 at 11 AM falling which the said application shall be proceeded with as per the Ordinance/Rules thereafter," the notice said.

The notice bears two addressees of Nirav --4, Grosvenor House, 2nd floor on Peddar Road and four flats in Samudra Mahal apartments on Dr Annie Besant Road-- in Mumbai.

The same court had on July 25 issued the summons to Nirav Modi after the ED made an application seeking to declare the designer diamond jeweller a 'fugitive economic offender'.

It had issued a similar notice of appearance under the fugitive law against Nirav Modi's uncle and co-accused in the case Mehul Choksi and had asked him to appear before it the next day-- on September 26.

The agency had moved the court seeking to declare the diamond traders as 'fugitive economic offenders' and to confiscate their assets worth Rs 3,500 crore in the case.

The central probe agency, empowered to enforce the new law brought out by the Modi government to curb big economic crimes and to check the escape of perpetrators from India, had filed two separate applications against the them.

The ED, earlier, had moved a similar application against businessman Vijay Mallya in the Rs 9,000-crore alleged bank loan fraud case and the court has summoned him for August 27.

In this case of the diamantaires, the agency seeks to confiscate assets, both movable and immovable, including those located in the United Kingdom and the UAE.

The move has been made on the basis of the two PMLA charge sheets filed by the agency against the two designer diamond jewellers on charges of alleged money laundering.

"Investigations have revealed that Nirav Modi and Mehul Choksi have committed the offence of cheating against Punjab National Bank (PNB) in connivance with certain bank officials by fraudulently getting the LOUs/FLCs issued without following prescribed procedure and caused a wrongful loss to the bank.

"They have further siphoned off the proceeds of crime so generated through layering through multiple dummy, related, connected entities in India and abroad," the agency had said in its application.

Nirav Modi and Choksi are being investigated by the ED and the CBI after it was detected that they allegedly cheated PNB of more than Rs 13,400 crore with the purported involvement of a few of its employees.

The scam, which reportedly began in 2011, was detected in January this year, after which PNB officials reported it to the probe agencies.

Two criminal complaints were filed by the ED in these instances after taking cognisance of CBI FIRs.

Non-bailable warrants were issued against the two, while an Interpol 'red corner' arrest warrant has been issued against Nirav Modi on the request of the ED.

The ED had conducted 260 searches in this case across the country.

The Fugitive Economic Offenders Act came into force from July 31.

Cases of frauds, cheque dishonour or loan default of over Rs 100 crore would come under the ambit of this ordinance.

The government has said the ordinance offers necessary constitutional safeguards in terms of providing hearing to the person through counsel, allowing him time to file a reply, serving notice of summons to him, whether in India or abroad and appeal before the high court. (PTI)
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Hello Jammu News at 5:58:00 PM 0

London, Jul 26: Vijay Mallya has lost his attempt to appeal against a UK High Court order in favour of 13 Indian banks to recover funds amounting to nearly 1.145 billion pounds, in another setback to the embattled liquor tycoon.

The UK's Court of Appeal refused the 62-year-old businessman, who is separately undergoing an extradition trial in a UK court over fraud and money laundering charges by the Indian authorities, the permission to appeal against the High Court order dated May 8.

In the ruling, Judge Andrew Henshaw had refused to overturn a worldwide order freezing Mallya's assets and also denied permission to appeal, which left Mallya with the only option of turning to the Court of Appeal.

Judge Henshaw's order marked the first recorded case of a judgment of the Debt Recovery Tribunal (DRT) in India being registered by the English High Court, setting a legal precedent.

The Court of Appeal judges looked into Mallya's application seeking permission to appeal and decided against it yesterday.

As a result of the High Court order, the Indian banks - State Bank of India, Bank of Baroda, Corporation bank, Federal Bank Ltd, IDBI Bank, Indian Overseas Bank, Jammu & Kashmir Bank, Punjab & Sind Bank, Punjab National Bank, State Bank of Mysore, UCO Bank, United Bank of India and JM Financial Asset Reconstruction Co Pvt Ltd - have the right to enforce the Indian judgment against Mallya's assets in England and Wales.

"In the event permission has been refused, then the decision of the judge is final and Mallya does not have any further recourse of appeal against his decision," said Kartik Mittal, Senior Solicitor at London-based Zaiwalla & Co LLP.

"The English judicial system does not give parties an unfettered right to appeal. The right to appeal is restricted. A party can only appeal a decision of the first instance Court if the first instance Court or the Appellate Court gives the party permission to appeal," he explained.

"A party is granted permission to appeal only in cases where the appeal appears to have a real prospect of success or there is some other compelling reason why the appeal should be heard. Therefore, in majority of the cases permission is refused," he added.

In a related High Court ruling on June 26, Justice Bryan had issued an enforcement order in favour of the banks, granting permission to the UK High Court Enforcement Officer to enter Mallya's properties in Hertfordshire, near London, where he is based.

While it is not an instruction to enter and that particular order can be appealed against, the banks have the option to use the order as one of the means to recover funds owed to them.

"The High Court Enforcement Officer, including any Enforcement Agent acting under his authority, may use reasonable force to enter the Property if necessary," it states.

Mallya has since said that he has handed over a full statement of his UK assets to the court and there was no question of use of force to enter his home Ladywalk in the village of Tewin in England.

The former Kingfisher Airlines boss had also issued a lengthy media statement last month, condemning the charges against him as politically motivated.

He then took to social media to clarify that he made the statement "after a long period of silence" because he had filed an application before the Karnataka High Court on June 22, setting out available assets of approximately Rs 13,900 crores.

"Media reports quote an ED [Enforcement Directorate] official stating that I am attempting a plea bargain. Would respectfully suggest that the official read the ED charge sheet first," Mallya had said in his last Twitter message on the issue on June 30.

"I would invite the ED to advance the same plea bargain theory in Court in front of whom I have placed my assets," he said.

Meanwhile, Mallya remains on bail since his arrest on an extradition warrant in April last year.

He will return for his extradition hearing at Westminster Magistrates' Court in London on July 31, when closing arguments are expected from the Crown Prosecution Service (CPS), acting on behalf of the Indian government, and Mallya's defence team.

A judgment is expected in the case at a later date, which will be arranged by Judge Emma Arbuthnot.

While the CPS claims it has successfully established a prima facie case of fraud against the businessman, Mallya's lawyers have sought to establish that the criminal charges against him are "without substance".

They have also challenged the case on human rights grounds, questioning the conditions at Arthur Road Jail in Mumbai, where the businessman is to be held post-extradition. (PTI)
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Hello Jammu News at 6:11:00 PM 0
New Delhi, Jun 26 : A Delhi court today took strong exception to the ongoing probe in the rape case against self-styled preacher Dati Maharaj, saying the investigating officer has not been able to explain what efforts have been made to ensure that the accused does not abscond during probe.

Chief Metropolitan Magistrate (CMM) Pooja Talwar also directed the DCP (Crime Branch) to monitor the investigation and ensure that a status report on the case is filed in the court every week.

The court also perused the status report which was filed by the police before another magistrate yesterday.

"Status report has been filed. The same is perused. It is stated by the Investigating Officer (IO) that accused Dati Madan Lal has been called for interrogation. He appears as and when notice is sent. However, upon being asked if the accused was found at the time of search on the two addresses for which the search warrants were issued, the answer is negative.

"IO has not been able to explain as to what efforts were made to ensure the presence of the accused and the fact that he will not abscond during the investigation," the CMM said.

The court also directed the police to expedite the investigation and listed the matter for July 3.

"Keeping in mind the sensitive nature of the case and the allegations levelled against the accused, DCP (Crime Branch) is directed to monitor investigation being carried out and status report will be filed every week. The investigation shall be expedited and will be concluded as expeditiously as possible. List it on July 3," the court said.

Yesterday, the Delhi Police had filed its status report before a magisterial court and said its probe into the allegation of rape against Dati Maharaj was underway and efforts were being made to take the case to its logical conclusion .

In its three-page status report, the crime branch of the Delhi Police said the allegations made by a woman are based on two year-old incidents and a detailed and thorough probe was being done to establish the veracity of allegations.

The police had also informed the court regarding recovery of CCTV footage and the various statements recorded so far. It had said that the accused had been extensively interrogated on June 19 during which he had denied all allegations against him.

A complaint was lodged against the self-styled preacher on June 7 and an FIR was registered on June 11. The police had questioned the accused, charged with raping of a disciple in his ashrams in Delhi and Rajasthan, for over eight hours on June 22.

He has claimed that he was being framed in the case. The woman had filed the complaint against Daati Maharaj, his three brothers and a woman at the Fatehpur Beri police station in south Delhi. The case was later transferred to the crime branch.

A Delhi Police team, accompanied by the woman, had later visited the ashram in Pali, Rajasthan, to gather evidence, but they failed to find him there.

The Delhi Commission for Women had also recently demanded the arrest of the self-styled religious figure.    PTI
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Hello Jammu News at 6:45:00 PM 0
New Delhi, Jun 25 : An Army Major, arrested for allegedly killing another officer's wife, was today sent to four-day police custody by a Delhi court.

Metropolitan Magistrate Manisha Tripathy granted the custody of Major Nikhil Handa, who was produced before the court amid tight security, to the police which said he has to be taken to Meerut in Uttar Pradesh to make certain recoveries including his clothes and the weapon used to commit the crime.

Since weapon of the offence (knife) used in committing the offence is to be recovered, clothes worn by the accused at the time of offence are to be recovered, the place from where the victim was picked up by the accused and route followed by the accused to the place of occurrence is to be ascertained, the persons contacted by the accused after commission of the crime are to be ascertained, the source of weapon of offence is to be established, the places where the accused visited after the commission of crime from Delhi to Meerut are to be ascertained, in my considered opinion, four days police custody is justified, the magistrate said.

Handa was arrested yesterday from Meerut for his alleged involvement in the killing of another Major's wife in west Delhi on Saturday. The woman's body was found with her throat slit near the Brar Square in the Delhi Cantonment area.

During the arguments today, the police said it needed the custody of the accused to take him to Meerut and make recoveries.

Opposing the remand application, the counsel for the accused, advocate Sanjeev Sahai, argued that no investigation had been done by the police since Handa was arrested and said the recoveries which the police claimed to make, made no ground for his custody.

Initially, the police had not supplied the copy of the remand application and the FIR to the counsel of the accused, who sought them before the court. The court then directed that the copies of these documents be supplied to the accused.

According to the police, it had received information that a woman had died in an accident. Later, when they inspected the body, it was found that her throat was slit, the police has said.

The accused had allegedly run a car over her face and the body in order to make the incident appear as an accident, the police alleged.

The woman was dropped at the Army Base Hospital in her husband's official vehicle by a driver, who could not find her when he returned to pick her up later.   PTI

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