ITV

Tag: CBI

  • Update: No politics in raids at NDTV offices, CBI must have received some info, says Naidu

    MUMBAI / NEW DELHI: The information and broadcasting minister M Venkaiah Naidu has denied any political interference in the CBI raids on NDTV’s Prannoy Roy, and said the law would take its own course.

    The CBI registered a case against the pioneers of Indian television NDTV founder Roy and his wife Radhika Roy, for causing an alleged loss to a bank. Searches are reportedly being conducted at the residence of the Roys in New Delhi and three other places including Dehradun.

    NDTV, in a statement, said: the CBI stepped up the concerted harassment of NDTV and its promoters based on the same old endless false accusations. NDTV and its promoters will fight tirelessly against this witch-hunt by multiple agencies.

    Naidu, however, told reporters: “If somebody does something wrong but simply because they belong to media, you cannot expect the government to keep quiet.”

    Stressing that the media is free and independent, he said the officials were doing their duty “The CBI might have received some information. That is why they have taken action,” Naidu said.

    The case reportedly is about ICICI bank loan default ofRs 480 million. As per the Supreme Court order in the Global Trust Bank case in February 2016, the court said private banks heads should also be treated as public servants under the Prevention of Corruption Act. According to the FIR, the default by Roy is for a company named RRPR Holdings Private Limited.

    NDTV however said the company and its promoters will fight tirelessly against this witch-hunt by multiple agencies. We will not succumb to these attempts to blatantly undermine democracy and free speech in India. We have one message to those who are trying to destroy the institutions of India and everything it stands for: we will fight for our country and overcome these forces.

    On Twitter, NDTV managing editor Sreenivsan Jain said: “Message is clear: any independent voice in media will be bullied and shut down. Black day.” Executive editor Nidhi Razdan said: “A message to those in the media who are still independent and do their job by fearlessly asking questions. We won’t be intimidated.

    BJP leader Subramaniam Swamy last year sent a letter to PM Modi seeking a CBI and ED probes into charges of money laundering. Last December, the Securities and Exchange Board of India had started proceedings against NDTV and its promoters for not having made a public announcement in 2009 of a ‘change of control’ in the television company. SEBI had in June 2015 imposed a Rs. 2 crore fine on NDTV for “non-disclosure of material information to the stock exchanges.”

    Last week, NDTV announced that it will shut down its business channel NDTV Profit and turn into a full-time infotainment and entertainment channel.

  • Home ministry working on ‘cyber crime prevention’ project

    NEW DELHI: The Parliament was told today that the home ministry is executing a project on Cyber Crime Prevention against Women and Children (CCPWC), which will also act as specialised central institutional mechanism for online cyber crime reporting platform particularly cyber crime against women and children.

    Minister of state for electronics and information technology P P Chaudhary said that no study had been done the point made by the questioner about rampant misuse of social media by paedophiles and sex offenders to intimidate and harass women and children.

    However, the minister said the data maintained by National Crime Record Bureau (NCRB) showed a total of 749 and 792 cases were registered under publishing or transmitting of material containing sexually explicit act, etc. in electronic form (section 67 & 67A IT of Act) and a total of 5 and 8 cases were registered under publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form (section 67B IT of Act) during 2014-2015.

    In addition, a total of 40 cases in 2014 and 94 cases in 2015 were registered under Sections 14 & 15 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

    He said cyber world is anonymous and universally available. Most of the child pornographic websites are hosted from outside India. INTERPOL maintains and updates list of “worst of list” on extreme child sexual abuse.

    The Government periodically blocks this list shared by Central Bureau of Investigation (CBI) as the national crime bureau of INTERPOL. More than 3000 such websites/URLs have been blocked so far.

    Information Technology (IT) Act, 2000 has provisions for removal of objectionable online content. The Information Technology (Intermediary Guidelines) Rules 2011 notified under section 79 of the IT Act require that the Intermediaries shall observe due diligence while discharging their duties and shall inform the users of computer resources not to host, display, upload, modify, publish, transmit, update or share any information that is harmful, objectionable, affect minors and unlawful in any way.

    The Government is in regular touch with intermediaries including various social media websites to effectively address the blocking/removal of objectionable content. Further, Social Networking sites hosted anywhere in the world are monitored by the law enforcement agencies in order to check / remove objectionable contents from the web sites in accordance with the provisions of IT Act, 2000.

  • Crime videos notice: SC asks Silicon Valley giants to reply by 9 January

    Crime videos notice: SC asks Silicon Valley giants to reply by 9 January

    MUMBAI: The Supreme Court of India has sent notices to Facebook, Google and others over sharing of cyber crime videos. The two, and Yahoo and Microsoft have been asked to reply to the notice by NGO Prajwala by 9 January.

    The apex court had issued the notices on the plea seeking to curb the sharing of videos displaying sexual assault and cyber crime. The NGO had sought plea seeking for the enterprises to have a defined place to report rape videos and seek to block them.

    India’s top court was concerned over illicit activities and cyber abuse that allegedly occured on the four search engines. The court asked the Silicon Valley giants why they were not preventing users from behaviors including circulating rape videos and posting other private content without the subjects’ consent.

    As per a report by PTI, a bench consisting of judges M B Lokur and U U Lalit issued the notices. The court was hearing a letter that was written to former Chief Justice of India, H L Dattu, by the Hyderabad-based NGO. The letter was accompanied by a pen drive, which contained two rape videos.

    Aparna Bhatt, the NGO’s advocate, said that videos depicting sexual offences were shared on social networking sites and these companies should take steps to curb such cybercrime.

    Solicitor-General Maninder Singh, representing the Center, listed the steps taken by the union home ministry and CBI. The bench however said that the, if names of the victims were to be made public, it should be done only after conviction in the offence, and not immediately after the case was lodged.

    Although these companies often prevent offensive content on their platforms, the issue in this instance is the failure of communication between the tech giants, service providers, and government officials.

    This is not the maiden event the Indian court has had an issue with leading companies. In July 2016, the court concluded that Bing, Google and Yahoo put up advertisements for kits and clinics that helped people determine the sex of a foetus which is illegal in India.

  • Crime videos notice: SC asks Silicon Valley giants to reply by 9 January

    Crime videos notice: SC asks Silicon Valley giants to reply by 9 January

    MUMBAI: The Supreme Court of India has sent notices to Facebook, Google and others over sharing of cyber crime videos. The two, and Yahoo and Microsoft have been asked to reply to the notice by NGO Prajwala by 9 January.

    The apex court had issued the notices on the plea seeking to curb the sharing of videos displaying sexual assault and cyber crime. The NGO had sought plea seeking for the enterprises to have a defined place to report rape videos and seek to block them.

    India’s top court was concerned over illicit activities and cyber abuse that allegedly occured on the four search engines. The court asked the Silicon Valley giants why they were not preventing users from behaviors including circulating rape videos and posting other private content without the subjects’ consent.

    As per a report by PTI, a bench consisting of judges M B Lokur and U U Lalit issued the notices. The court was hearing a letter that was written to former Chief Justice of India, H L Dattu, by the Hyderabad-based NGO. The letter was accompanied by a pen drive, which contained two rape videos.

    Aparna Bhatt, the NGO’s advocate, said that videos depicting sexual offences were shared on social networking sites and these companies should take steps to curb such cybercrime.

    Solicitor-General Maninder Singh, representing the Center, listed the steps taken by the union home ministry and CBI. The bench however said that the, if names of the victims were to be made public, it should be done only after conviction in the offence, and not immediately after the case was lodged.

    Although these companies often prevent offensive content on their platforms, the issue in this instance is the failure of communication between the tech giants, service providers, and government officials.

    This is not the maiden event the Indian court has had an issue with leading companies. In July 2016, the court concluded that Bing, Google and Yahoo put up advertisements for kits and clinics that helped people determine the sex of a foetus which is illegal in India.

  • Aircel-Maxis case: 2G court seeks to speed trial against Marans

    Aircel-Maxis case: 2G court seeks to speed trial against Marans

    MUMBAI: Is the hand of the law closing in on Sun TV promoter Kalanithi Maran and his brother, the former telecom minister, Dayanidhi Maran?

    A special 2G court has decided that the trial against the two brothers be separated from Malaysian nationals T.Ananda Krishnan and Augustus Ralph Marshall and two firms Astro All Asia Network PLC and Maxis Communication Berhad, co-accused in the Aircel-Maxis case. The reason: the latter may not appear, which could delay the trial proceedings.

    According to a PTI report, special judge O.P. Saini has ordered the issue of an open and perpetual arrest warrant against Krishnan and Marshall.

    Krishnan is the driving force behind the leading Malaysian DTH operator Astro and was once known for his proximity to former Malaysian prime minister Mahathir Mohammed.

    Despite several efforts, summons have not been served on both, Krishnan and Marshall, as the Malaysian authorities have not been cooperating and effecting the service. This is despite the legal mutual assistance treaty between India and the south east Asian nation.

    The CBI, which has filed the charge sheet against the eight accused for offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act, had pleaded with the court to issue arrest warrants against Krishnan and Marshall in August.

    In the 27-page order, the court noted that the allegations against the accused were “serious” and the only way left was to approach Interpol for which issuance of warrant was necessary.

    Said the court:

    “It is ordered that the trial of the appearing accused, that is, Dayanidhi Maran, Kalanithi Maran, M/s Sun Direct TV Pvt Ltd and M/s South Asia Entertainment Holdings Ltd be segregated from the trial of accused Ralph Marshall, T Ananda Krishnan, M/s Astro All Asia Network Plc and M/s Maxis Communications Berhad.

    “Miscellaneous file be opened relating these four accused, who are yet to be served. It is further ordered that an open and perpetual warrant of arrest be issued against Marshall and Krishnan.”

    “Malaysian authorities have categorically declined to effect the service. In such a situation, the only way left is to approach the Interpol and for that issue of warrant is necessary…

    “In such a situation when further issuance of summons would be a futile exercise, it is rightful for the prosecution to ask for warrant of arrest against the accused.”

  • Aircel-Maxis case: 2G court seeks to speed trial against Marans

    Aircel-Maxis case: 2G court seeks to speed trial against Marans

    MUMBAI: Is the hand of the law closing in on Sun TV promoter Kalanithi Maran and his brother, the former telecom minister, Dayanidhi Maran?

    A special 2G court has decided that the trial against the two brothers be separated from Malaysian nationals T.Ananda Krishnan and Augustus Ralph Marshall and two firms Astro All Asia Network PLC and Maxis Communication Berhad, co-accused in the Aircel-Maxis case. The reason: the latter may not appear, which could delay the trial proceedings.

    According to a PTI report, special judge O.P. Saini has ordered the issue of an open and perpetual arrest warrant against Krishnan and Marshall.

    Krishnan is the driving force behind the leading Malaysian DTH operator Astro and was once known for his proximity to former Malaysian prime minister Mahathir Mohammed.

    Despite several efforts, summons have not been served on both, Krishnan and Marshall, as the Malaysian authorities have not been cooperating and effecting the service. This is despite the legal mutual assistance treaty between India and the south east Asian nation.

    The CBI, which has filed the charge sheet against the eight accused for offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act, had pleaded with the court to issue arrest warrants against Krishnan and Marshall in August.

    In the 27-page order, the court noted that the allegations against the accused were “serious” and the only way left was to approach Interpol for which issuance of warrant was necessary.

    Said the court:

    “It is ordered that the trial of the appearing accused, that is, Dayanidhi Maran, Kalanithi Maran, M/s Sun Direct TV Pvt Ltd and M/s South Asia Entertainment Holdings Ltd be segregated from the trial of accused Ralph Marshall, T Ananda Krishnan, M/s Astro All Asia Network Plc and M/s Maxis Communications Berhad.

    “Miscellaneous file be opened relating these four accused, who are yet to be served. It is further ordered that an open and perpetual warrant of arrest be issued against Marshall and Krishnan.”

    “Malaysian authorities have categorically declined to effect the service. In such a situation, the only way left is to approach the Interpol and for that issue of warrant is necessary…

    “In such a situation when further issuance of summons would be a futile exercise, it is rightful for the prosecution to ask for warrant of arrest against the accused.”

  • Govt claims it invoked security considerations, says it is studying PCA order against Antrix in Davos case

    Govt claims it invoked security considerations, says it is studying PCA order against Antrix in Davos case

    NEW DELHI: The Permanent Court of Arbitration (PCA) in The Hague has said that the annulment of the agreement between Devas and Indian Space Research Organization’s commercial arm Antrix in 2011 which resulted in denying Devas commercial use of S-band spectrum constituted an expropriation.

    PCA administers cases under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL).

    In a reaction, the Government of India reiterated that it had invoked the essential security interests through a well reasoned, valid and proper CCS decision. The award of the Tribunal is being examined and legal recourse, as deemed fit, will be taken.” We also remain committed to pursue our larger national interests including sovereign strategic security interests in this matter”, it said.

    This ongoing case with Mauritius-based Devas Corporation over sharing of spectrum on satellites may result in huge payments as compensation to Devas.

    The order said by this action, the Indian Government expropriated the investments of Devas’s foreign shareholders and also acted unfairly and inequitably, thus making it liable to pay financial compensation.

    (In a statement, the Government of India said The Tribunal had said it’s essential security interest provisions of the Treaty do apply in this case to an extent. The limited liability of compensation shall be limited to 40% of the value of the investment. The precise quantum has not been determined as yet. The Tribunal has dismissed the Claims as regards violation of other provisions of the Treaty viz., (i) unreasonable or discriminatory measures; as also (ii) Most Favoured Nation treatment, it said.

    In 2005 Antrix and Devas entered into an agreement for the long-term lease of two ISRO satellites operating in the S-band. The deal was for 70 MHz of S-Band frequency used to provide multimedia services by leasing most of the transponders on the GSAT-6 and GSAT-6A satellites for 12 years. Devas was to pay $300 million over the said period.

    However, the government annulled the contract after reports of unilateral process and presumptive loss to exchequer due to the deal. Following this the US investors in Devas moved a case against Antrix.

    In 2015 the International Chamber of Commerce (ICC) tribunal ruled that the Antrix’s annulation was unlawful and awarded Devas damages and pre-award interest of approximately $672 million, plus post-award annual interest accruing at 18 per cent until the award is paid in full.

    Devas Multimedia, based in Bangalore, was set up by former ISRO scientists and some U.S. investors. According to Devas website investors included Deutsche Telekom AG, Columbia Capital LLC, and Telcom Ventures LLC.

    Meanwhile, the Enforcement Directorate, has issued a show cause notice to Devas for violation of Foreign Exchange Management Act 1999 and are further investigating the case under Prevention of Money Laundering Act 2002. The Directorate has issued show cause notice to Devas for contravention to the provisions of FEMA 1999.

    The CBI has filed an FIR against, inter-alia, M/s Devas Multimedia Pvt. Ltd, Bangalore; and other unknown public servants of M/s Antrix/ISRO/DOS. This case is presently under investigation.

  • Govt claims it invoked security considerations, says it is studying PCA order against Antrix in Davos case

    Govt claims it invoked security considerations, says it is studying PCA order against Antrix in Davos case

    NEW DELHI: The Permanent Court of Arbitration (PCA) in The Hague has said that the annulment of the agreement between Devas and Indian Space Research Organization’s commercial arm Antrix in 2011 which resulted in denying Devas commercial use of S-band spectrum constituted an expropriation.

    PCA administers cases under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL).

    In a reaction, the Government of India reiterated that it had invoked the essential security interests through a well reasoned, valid and proper CCS decision. The award of the Tribunal is being examined and legal recourse, as deemed fit, will be taken.” We also remain committed to pursue our larger national interests including sovereign strategic security interests in this matter”, it said.

    This ongoing case with Mauritius-based Devas Corporation over sharing of spectrum on satellites may result in huge payments as compensation to Devas.

    The order said by this action, the Indian Government expropriated the investments of Devas’s foreign shareholders and also acted unfairly and inequitably, thus making it liable to pay financial compensation.

    (In a statement, the Government of India said The Tribunal had said it’s essential security interest provisions of the Treaty do apply in this case to an extent. The limited liability of compensation shall be limited to 40% of the value of the investment. The precise quantum has not been determined as yet. The Tribunal has dismissed the Claims as regards violation of other provisions of the Treaty viz., (i) unreasonable or discriminatory measures; as also (ii) Most Favoured Nation treatment, it said.

    In 2005 Antrix and Devas entered into an agreement for the long-term lease of two ISRO satellites operating in the S-band. The deal was for 70 MHz of S-Band frequency used to provide multimedia services by leasing most of the transponders on the GSAT-6 and GSAT-6A satellites for 12 years. Devas was to pay $300 million over the said period.

    However, the government annulled the contract after reports of unilateral process and presumptive loss to exchequer due to the deal. Following this the US investors in Devas moved a case against Antrix.

    In 2015 the International Chamber of Commerce (ICC) tribunal ruled that the Antrix’s annulation was unlawful and awarded Devas damages and pre-award interest of approximately $672 million, plus post-award annual interest accruing at 18 per cent until the award is paid in full.

    Devas Multimedia, based in Bangalore, was set up by former ISRO scientists and some U.S. investors. According to Devas website investors included Deutsche Telekom AG, Columbia Capital LLC, and Telcom Ventures LLC.

    Meanwhile, the Enforcement Directorate, has issued a show cause notice to Devas for violation of Foreign Exchange Management Act 1999 and are further investigating the case under Prevention of Money Laundering Act 2002. The Directorate has issued show cause notice to Devas for contravention to the provisions of FEMA 1999.

    The CBI has filed an FIR against, inter-alia, M/s Devas Multimedia Pvt. Ltd, Bangalore; and other unknown public servants of M/s Antrix/ISRO/DOS. This case is presently under investigation.

  • Attorney General okays Sun TV security clearance; stock up 8%

    Attorney General okays Sun TV security clearance; stock up 8%

    MUMBAI: Kalanithi Maran can breathe a sigh of relief, at least for now. This after the Attorney General of India Mukul Rohatgi has asked the Information and Broadcasting (I&B) Ministry to give security clearance to the 33 channels of Sun TV Network.

     

    After the I&B Ministry sought his opinion on the matter, Rohatgi said that denial of security clearance to Sun TV by MHA was wrong.

     

    It can be noted that the Home Ministry had denied the proposal to grant security clearance to the network on grounds that its promoter – Kalanithi Maran – was being investigated for criminal cases by the Enforcement Directorate and the Central Bureau of Investigation (CBI).

     

    As is known, the CBI had alleged Dayanidhi Maran of misusing his office as Union Telecom Minister to engineer the sale of Aircel to Malaysia’s Maxis Group in 2006. Maran was accused of corruption and illegal gratification worth more than Rs 700 crore, which allegedly was invested in a media company that is part of the Sun Group, owned by Dayanidhi Maran’s brother Kalanithi Maran.

     

    It can be noted that in April, the ED had issued an order to both the Maran brothers to attach properties and assets worth Rs 742.58 crore belonging to them.

     

    Kalanithi Maran in his argument had said that while most TV companies have criminal cases pending against them or against their directors or promoters, only his company was singled out and security clearance refused.

     

    Earlier this week the MHA had said that it had no plans to reply to the letter written by Maran where he had said that his company was never involved in any anti-national or criminal activity and that there was no justification for refusal of the clearance to his television channels.

     

    Buoyed by the reports of this development, the Sun TV stock on the Bombay Stock Exchange (BSE) shot up by 7.86 per cent at the end of the day’s trade on Friday. The stock, which opened at Rs 309.25 touched an intra-day high of Rs 342.30 and closed at Rs 333.55 at the end of the day’s trade.

  • Sun TV Network writes to Home Minister to reconsider security clearance

    Sun TV Network writes to Home Minister to reconsider security clearance

    NEW DELHI: Kalanithi Maran owned Sun TV Network Limited (Sun TV) has written to Home Minister Rajnath Singh to reconsider his Ministry’s refusal of security clearance to the network, even as it claims that it has still not received any official note from the Information and Broadcasting Ministry.

     

    An official of the I&B Ministry had told Indiantelevision.com last week that it was the responsibility of that Ministry and not the Home Ministry to inform Sun TV.

     

    A Sun TV spokesperson said that any action that the network may want to take would be based on the text of the communication from the I&B Ministry.

     

    The Home Ministry is said to have taken this decision in the backdrop of the three pending criminal cases being looked into by the CBI and the Enforcement Directorate (ED), against Maran and his brother and former Union Minister Dayanidhi Maran.

     

    Home Ministry sources denied that the decision was based on political considerations.

     

    The network has urged the Home Minister to differentiate between security clearance on grounds of national security and cases linked to financial matters, which are still pending and not proven. It has also raised issues relating to freedom of the media.

     

    Even as the stock market had showed an increase for Sun TV shares late last week when reports appeared about the Home Ministry agreeing to reconsider its decision following a letter by I&B Minister Arun Jaitley, it is learnt that senior officials of the Home Ministry have so far failed to fix a meeting with officials of the Law Ministry in this regard.

     

    It was learnt that some Home Ministry officials were planning to discuss the issue with the Law Ministry and some legal experts and some junior officials had in fact held informal discussions.

     

    It is expected that Attorney General Mukul Rohatgi may be consulted on the issue.   

     

    The I&B official had also confirmed that this will affect all 33 television channels of the Network. This may mean cancellation of the broadcasting license. However, the Ministry official said that no decision would be taken in haste.

     

    Sun TV had applied to the I&B for renewing its broadcasting license for 10 years, which also entails getting the required security clearance from the Home Ministry.

      

    Earlier, in April, Jaitley had written to Rajnath Singh to reconsider the denial of security clearance to 40 FM radio stations run by the Sun Network.

     

    Observers in Chennai said the Madras High Court order in September last year commented adversely against the I&B Ministry for cancelling the multi system operator (MSO) license to Sun TV Network’s subsidiary Kal Cables. The observation had come in a case relating to denial of security clearance as the Maran brothers were facing criminal cases.