Tag: SC

  • Marans discharged, SC ‘no’ to stay, hearing on Wed

    Marans discharged, SC ‘no’ to stay, hearing on Wed

    MUMBAI: The apex court, as of now, refused to grant a stay on the CBI court order discharging the accused in the 2G spectrum scam. The case will be heard again in the Supreme Court next Wednesday.

    The Enforcement Directorate (ED) had moved the court against the discharge of former union minister Dayanidhi Maran, his brother Kalanithi Maran and others in the Aircel-Maxis case. The ED also urged the court not to release the properties of the accused attached in the case. 

    The designated court earlier discharged the former telecom minister, and Kalanithi, and others in the Maxis-Aircel deal case filed by enforcement directorate (ED) and the CBI, PTI reported. Special judge OP Saini, who is especially dealing with the 2G spectrum scam cases and related investigation, passed this order.

    All the accused had denied the charges levelled against them by the law-enforcement agencies. 

    The order may not have any bearing on T Ananda Krishnan and Ralph Marshall as the court already separated the trial against them.

    The CBI had registered a case Krishnan and Marshall, Astro All-Asia Networks, UK, Sun Direct TV, Maxis Communications, Malaysia, South Asia Entertainment Holdings, Malaysia and late JS Sarma (then additional secretary – telecom). They were charge sheeted for alleged offences to be punishable under section 120-B of IPC and under concerned provisions of the Prevention of Corruption Act.

    ED had chargesheeted the Maran brothers, Kalanithi’s wife Kavery, South Asia FM managing director K Shanmugam and Sun Direct TV under provisions of the Prevention of Money Laundering Act (PMLA). The court discharged South Asia Entertainment Holdings and Sun Direct TV apart from the Maran brothers.

    Also Read:

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

  • 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.

  • SC refuses to stay demonetisation

    SC refuses to stay demonetisation

    MUMBAI: The Supreme Court of India on Tuesday refused to stay the Central Government’s notification demonetising Rs 500 and Rs 1,000 currency notes but asked it to enlist the measures to minimise public inconvenience. It asked the Centre to take immediate steps to alleviate the hardships of the common man. “Discontinuing of higher denomination notes appears to be carpet bombing, and not a surgical strike,” the court said.

    The apex court was hearing a bunch of petitions demanding the rollback of the decision to scrap old notes. Without issuing any notice to the RBI or the Centre, the apex court posted the matter for further hearing on 25 November. “We will not be granting any stay,” a bench comprising Chief Justice TS Thakur and DY Chandrachud said. The remarks were made after some advocates insisted on a stay.

    Senior advocate Kapil Sibal, however, said he was not seeking a stay on the notification but seeking answers from the government about the steps taken to lessen public inconvenience. The bench asked attorney-general Mukul Rohatgi to file an affidavit about the measures already undertaken by the government and the Reserve Bank of India to minimise public inconvenience and the steps likely to be taken in future.

    The Centre, which had filed a caveat in the matter, sought dismissal of the petitions challenging demonetisation on several grounds including that they were “misconceived”. Rohatgi outlined the idea behind demonetisation and said large number of counterfeit currency has been used to finance terrorism in various parts of the country including in Jammu and Kashmir and northeastern states.

    Rohatgi informed the bench that Rs 3.25 lakh crore were deposited in the banks since 10 November, and Rs 11 lakh crore would be added in the next few days. He also said there were as many as 24 crore bank accounts including 22 crore opened under the ‘Jan Dhan Scheme’, and the Centre was hopeful to “ramp up” the outflow of the cash to banks, post offices and two lakh ATMs across the country.

  • SC refuses to stay demonetisation

    SC refuses to stay demonetisation

    MUMBAI: The Supreme Court of India on Tuesday refused to stay the Central Government’s notification demonetising Rs 500 and Rs 1,000 currency notes but asked it to enlist the measures to minimise public inconvenience. It asked the Centre to take immediate steps to alleviate the hardships of the common man. “Discontinuing of higher denomination notes appears to be carpet bombing, and not a surgical strike,” the court said.

    The apex court was hearing a bunch of petitions demanding the rollback of the decision to scrap old notes. Without issuing any notice to the RBI or the Centre, the apex court posted the matter for further hearing on 25 November. “We will not be granting any stay,” a bench comprising Chief Justice TS Thakur and DY Chandrachud said. The remarks were made after some advocates insisted on a stay.

    Senior advocate Kapil Sibal, however, said he was not seeking a stay on the notification but seeking answers from the government about the steps taken to lessen public inconvenience. The bench asked attorney-general Mukul Rohatgi to file an affidavit about the measures already undertaken by the government and the Reserve Bank of India to minimise public inconvenience and the steps likely to be taken in future.

    The Centre, which had filed a caveat in the matter, sought dismissal of the petitions challenging demonetisation on several grounds including that they were “misconceived”. Rohatgi outlined the idea behind demonetisation and said large number of counterfeit currency has been used to finance terrorism in various parts of the country including in Jammu and Kashmir and northeastern states.

    Rohatgi informed the bench that Rs 3.25 lakh crore were deposited in the banks since 10 November, and Rs 11 lakh crore would be added in the next few days. He also said there were as many as 24 crore bank accounts including 22 crore opened under the ‘Jan Dhan Scheme’, and the Centre was hopeful to “ramp up” the outflow of the cash to banks, post offices and two lakh ATMs across the country.

  • NDTV India ban: SC to hear appeal on 5 Dec; govt may restructure review panel

    NDTV India ban: SC to hear appeal on 5 Dec; govt may restructure review panel

    MUMBAI: It is not going to be easy to gag the freedom of press. NDTV India’s appeal against the one-day ban on its Hindi channel will be heard next month by the Supreme Court.

    NDTV has challenged the ban for violating the constitutional right to free speech and expression.

    Appearing for NDTV, Fali Nariman, one of India’s most reputed lawyers, said that, because the government has suspended the ban, there was no urgent need for the court to stay the government’s order that called for a 24-hour ban and that the case could be heard a month later, during which NDTV expects the government to take a final decision.

    The government on November 7 put on hold its order asking NDTV India not to telecast for 24 hours starting 9 November for allegedly flouting norms.

    The Supreme Court adjourned the hearing to December 5 as Attorney General Mukul Rohatgi told Justice A.K. Sikri that there was no real urgency as their plea (by NDTV) for review of the decision was being considered by the government.

    The ban was put on hold by the government after representatives of NDTV met with Information and Broadcasting Minister Venkaiah Naidu. NDTV reiterated that its Hindi channel did not broadcast sensitive details of the terror attack on the Pathankot air base.

    The information and broadcasting (I&B) ministry said it was weighing restructuring the inter-ministerial committee (IMC) which reviews cases of violations in the broadcast media. The ministry was facing criticism for directing NDTV India to go off air for a day.

  • NDTV India ban: SC to hear appeal on 5 Dec; govt may restructure review panel

    NDTV India ban: SC to hear appeal on 5 Dec; govt may restructure review panel

    MUMBAI: It is not going to be easy to gag the freedom of press. NDTV India’s appeal against the one-day ban on its Hindi channel will be heard next month by the Supreme Court.

    NDTV has challenged the ban for violating the constitutional right to free speech and expression.

    Appearing for NDTV, Fali Nariman, one of India’s most reputed lawyers, said that, because the government has suspended the ban, there was no urgent need for the court to stay the government’s order that called for a 24-hour ban and that the case could be heard a month later, during which NDTV expects the government to take a final decision.

    The government on November 7 put on hold its order asking NDTV India not to telecast for 24 hours starting 9 November for allegedly flouting norms.

    The Supreme Court adjourned the hearing to December 5 as Attorney General Mukul Rohatgi told Justice A.K. Sikri that there was no real urgency as their plea (by NDTV) for review of the decision was being considered by the government.

    The ban was put on hold by the government after representatives of NDTV met with Information and Broadcasting Minister Venkaiah Naidu. NDTV reiterated that its Hindi channel did not broadcast sensitive details of the terror attack on the Pathankot air base.

    The information and broadcasting (I&B) ministry said it was weighing restructuring the inter-ministerial committee (IMC) which reviews cases of violations in the broadcast media. The ministry was facing criticism for directing NDTV India to go off air for a day.

  • SC asks BCCI to incur England series expenses; report to Lodha

    SC asks BCCI to incur England series expenses; report to Lodha

    MUMBAI: The Supreme Court today directed the Board of Control for Cricket in India (BCCI) to incur the expenses for all the matches to be played in the India-England series till 3 December. The apex court allowed the BCCI to utilize a sum of Rs 58.66 lakh for the first test. 

    Also ordering the BCCI to bear the entire expense for the maiden Rajkot match on October 9, a Bench led by Chief Justice of India T.S. Thakur said the payments should be made directly to the parties BCCI has contracted with for the series. 

    The Hindu reported that the Bench made it clear that BCCI should not pay member-associations where the series is going to be held, including the Rajkot/Saurashtra association, all whom have not complied with the court’s October 21 order.

    Expenses incurred by the BCCI would be handed over to the Lodha panel which will audit it. The Committee has been permitted to appoint an auditor immediately. 

    Also read:   No funds for England series, BCCI moves Supreme Court

    Funds-starved BCCI may move SC citing England series urgency

  • SC asks BCCI to incur England series expenses; report to Lodha

    SC asks BCCI to incur England series expenses; report to Lodha

    MUMBAI: The Supreme Court today directed the Board of Control for Cricket in India (BCCI) to incur the expenses for all the matches to be played in the India-England series till 3 December. The apex court allowed the BCCI to utilize a sum of Rs 58.66 lakh for the first test. 

    Also ordering the BCCI to bear the entire expense for the maiden Rajkot match on October 9, a Bench led by Chief Justice of India T.S. Thakur said the payments should be made directly to the parties BCCI has contracted with for the series. 

    The Hindu reported that the Bench made it clear that BCCI should not pay member-associations where the series is going to be held, including the Rajkot/Saurashtra association, all whom have not complied with the court’s October 21 order.

    Expenses incurred by the BCCI would be handed over to the Lodha panel which will audit it. The Committee has been permitted to appoint an auditor immediately. 

    Also read:   No funds for England series, BCCI moves Supreme Court

    Funds-starved BCCI may move SC citing England series urgency

  • Funds-starved BCCI may move SC citing England series urgency

    Funds-starved BCCI may move SC citing England series urgency

    MUMBAI: With England’s tour of India just a day away, the BCCI plans to move the Supreme Court on Tuesday seeking an order allowing it to enter into contracts for the sake of Rajkot Test. Saurashtra’s premier city is to host the first India-England Test from Wednesday.

    The BCCI, as per protocol, has informed the Justice RM Lodha committee that the Supreme Court would be moved because of the urgency with which it needs to act as regards the Rajkot Test.

    With the apex court and the Justice Lodha committee disallowing the Board of Control for Cricket in India to use its funds until an independent auditor goes through them, the latter is getting desperate. If the IPL media rights auction had gone ahead as planned, it would have reportedly fetched BCCI around Rs 30,000 crore (US$ 4500 million approx).

    BCCI secretary Ajay Shirke told The Telegraph that their hands were tied as the Justice Lodha committee had neither set the threshold limit for them to award contracts nor had it appointed an independent auditor as per the October 21 directions of the Supreme Court. They were, therefore, filing an interim application, he added. Certain basic agreements with specific vendors had to be entered into by the BCCI, and each of them would become a contract.

    If the Supreme Court doesn’t pass an order allowing BCCI to engage in contracts, which in any case won’t be big, then the board does not see how the first Test could be played, Shirke said.

    In fact, in its interim application, BCCI would also be praying that the needful be done by the Justice Lodha committee before the start of the second Test in Visakhapatnam from November 17 so that the same issues did not come up again.

    The New Indian Express meantime reported that the BCCI will file an urgent petition seeking relaxation on releasing funds to state units that are scheduled to host the five-match Test series. Moreover, the BCCI will also ask the court to allow it to sign a Memorandum of Understanding with the England and Wales Cricket Board for the series to go ahead. The BCCI will argue that an adverse decision from the court will force it to call off the series.

    Last week, Shirke had written to the Lodha panel seeking directions on signing the MoU with ECB. However the panel informed the board that MoU is not a mandate for the series to go ahead and it cannot release the funds until all the necessary details are furnished.