News Analysis India

Tag: CBI

  • Narada case: Judge questions Calcutta HC’s handling of interim bail grant

    By Express News Service
    NEW DELHI/KOLKATA : A sitting judge of Calcutta High Court wrote a letter to the all judges of court questioning the handling of the interim bail order of three Trinamool Congress MLAs and the CBI’s plea challenging the order. The letter comes days after the Supreme Court too had criticised the High Court over its handling of the case.

    “Our conduct is unbecoming of the majesty the High Court commands. We have been reduced to a mockery. As such, I am requesting all of us to salvage the situation by taking such steps, including convening a Full Court, if necessary, for the purpose of re-affirming sanctity of our rules and our unwritten code of conduct,” the judge wrote in the letter.

    Justice Sinha alleges that the CBI’s e-mail asking for the Narada case to be transferred out of Bengal was wrongly listed by the Calcutta High Court before a division bench comprising two judges instead of a single judge.  The letter dated May 24, mentioned a series of questions on the procedural gaps in admitting the CBI’s plea.

    The judge also mentioned that the accused continued to be in custody though they had obtained bail from designated court. He also raised question on the procedure in assigning the CBI’s plea to a bench headed by the acting chief justice.

    “Whether the high court exercising power in the matter of transfer of a criminal case, at that stage, on its own initiative, could have passed the order for stay, is the second question,” he wrote.

    Justice Sinha wrote in his letter that the CBI’s transfer plea should have been heard by a single judge and should not have been treated as a writ petition as there was “no substantial question of law related to the constitution.”

  • Won’t act till June 9 on info sought from Maharashtra government over IPS officer’s complaint: CBI to HC

    Additional Solicitor General S V Raju, appearing for the CBI, made the statement before a vacation bench which was hearing a petition filed by the state government.

  • CBI gets full-time head after 3 months, former Maharashtra DGP is the chosen one

    By Express News Service
    NEW DELHI:  Subodh Kumar Jaiswal, a 1985 batch Maharashtra cadre IPS officer and the current director general of the Central Industrial Security Force (CISF) on Tuesday was appointed the chief of the CBI. Jaiswal’s appointment was made after a high powered committee comprising Prime Minister Narendra Modi, Chief Justice of India NV Ramana and Leader of Opposition in the Lok Sabha Adhir Ranjan Chowdhary cleared his name after holding an almost 90-minute meeting on Monday.

    The Congress had cried foul over the process of selection saying that a very casual approach was adopted in the selection process. “The way the procedure was followed, it was in conflict with the mandate of the committee. On May 11, I was given 109 names and on Monday by 1 pm, 10 names were shortlisted and by 4 pm, six names were shortlisted. This casual approach of DoPT (department of personnel and training) is highly objectionable,” Chowdhury had said.

    According to the order issued by the Appointments Committee of Cabinet (ACC), Jaiswal will take over the post of CBI director.  The post has been lying vacant since February 3 when Rishi Kumar Shukla completed his tenure. Additional Director Praveen Sinha has been helming the affairs of the agency as interim chief since then.

    Jaiswal will have a fixed tenure of two years in CBI from the day he joins the agency. The new CBI director pipped other frontrunners like VKS Kaumudi and RK Sharma to the post. Other frontrunners included HC Awasthi, Rakesh Asthana and YC Modi. A total of over 100 officers of the 1984-1986 batch were in contention for the CBI’s top post.

  • Narada sting case: SC allows CBI to withdraw appeal against HC order allowing house arrest of Trinamool leaders

    By PTI
    NEW DELHI: The Supreme Court Tuesday permitted the CBI to withdraw its appeal against the Calcutta High Court order allowing house arrest of four leaders, including three from the TMC, in the Narada bribery case.

    A vacation bench comprising Justices Vineet Saran and B R Gavai took note of the fact that a five-judge bench of the Calcutta High Court is already hearing the Narada bribery case and permitted Solicitor General Tuahar Mehta, appearing for the CBI, to take back its appeal and raise all the grievances there in the high court.

    “We have not expressed any opinion on the merits of the case and our observations do not reflect our views on merits of the matter,” the bench said, adding that the West Bengal and leaders are also free to raise their submissions on the high court.

    The high court had on May 21 ordered shifting of two West Bengal ministers, an MLA and a former Kolkata mayor to house arrest from jail.

    A division bench, presided by Acting Chief Justice Rajesh Bindal, differed on the issue of recalling the stay on bail to the four accused.

    On May 24, the five-judge bench of the High Court heard the case and refused the prayer by CBI to adjourn the matter.

    West Bengal Transport Minister Firhad Hakim, Panchayat Minister Subrata Mukherjee, TMC MLA Madan Mitra and former Kolkata mayor Sovan Chatterjee were arrested by the CBI last Monday in connection with the Narada sting tape case that is being investigated by the agency on a 2017 order of the high court.

  • CBI contacts Antigua Embassy, seeks details after Mehul Choksi reported missing

    By ANI
    NEW DELHI: The Central Bureau of Investigation (CBI) on Tuesday contacted the Antigua Embassy in India over the reports that fugitive diamantaire Mehul Choksi is missing since May 23.

    According to sources, CBI is contacting the Antigua Embassy in India and seeks confirmation about the reports of missing Mehul Choksi and other details regarding the matter.

    Sources also informed that the investigative agency is verifying the facts of the matter.

    Mehul Choksi – the 62-year-old fugitive diamantaire wanted by the CBI and Enforcement Directorate – has gone missing in Antigua and Barbuda, confirmed his lawyer.

    In an exclusive statement to ANI, Choksi’s Advocate Vijay Aggarwal said, “Mehul Choksi is missing. His family members are worried and anxious and had called me to discuss. Antigua police is investigating. Family is in the dark and worried about his safety.”

    In a press release based on additional information received, the Antiguan Police said that they are investigating a missing person report filed for 62-year-old Mehul Choksi of Jolly Harbour.

    Conducted numerous searches to no avail: Antiguan Police

    Numerous searches have been conducted to locate Choksi, but to no avail, said the Antiguan Police.

    In a press release based on additional information received, the Antiguan Police said that they are investigating a missing person report filed for 62-year-old Mehul Choksi of Jolly Harbour.

    Police release further states that Choksi was last seen at about 5:15 pm (local time) on Sunday before leaving home in a motorcar which has since been recovered.

    Police sought the assistance of the local public to find the whereabouts of Choksi and described him as being of “Indian descent, brown in complexion, five feet six inches (5′ 6″) in height, heavily built with a balding hairline”.

    “Anyone with information is asked to call the Johnson Point Police Station or the Criminal Investigations Department (CID),” reported Antiguan Newsroom.

    Choksi Antiguan citizenship and is the owner of Gitanjali Group, a retail jewellery company. An arrest warrant for Choksi has been issued in connection with the alleged Punjab National Bank fraud case. He was allegedly involved in stock market manipulation in 2013.

    Recently Nirav Modi, nephew of Choksi was ordered to be extradited to India from the United Kingdom to face charges of conspiring to defraud PNB of more than a billion dollars, a UK judge ruled.

  • CISF DG, Sashastra Seema Bal DG and MHA Special Secretary short-listed for CBI director post

    By PTI
    NEW DELHI: Director General CISF Subodh Kumar Jaiswal, SSB DG Kumar Rajesh Chandra and Special Secretary Home Ministry VSK Kaumudi were short-listed for the post of CBI director during a meeting of a high-powered committee, comprising Prime Minister Narendra Modi and two others, on Monday, sources said.

    Jaiswal, a 1985-batch Indian Police Service (IPS) officer, is a former Maharashtra director general of police.

    He is at present the director general the Central Industrial Security Force (CISF) Chandra, a 1985-batch IPS officer of the Bihar cadre, is at present posted as the director general of the Sashastra Seema Bal (SSB), while Kaumudi, a 1986-batch IPS officer of the Andhra Pradesh cadre, is posted as the special secretary for internal security in the Home Ministry.

    The name of Uttar Pradesh DGP HC Awasthy, a 1985-batch IPS officer of the Uttar Pradesh cadre, was also under consideration.

    The meeting of the high-powered committee, comprising Prime Minister Modi, Chief Justice of India NV Ramana and Leader of Opposition in Lok Sabha Adhir Ranjan Chowdhury, started around 6:30 pm at the 7, Lok Kalyan Marg, official residence of the Prime Minister, the sources said.

    During the 90-minute meeting, Chowdhury objected to the process of selection of officers for the coveted post of CBI director.

    “The way procedure was followed it was in conflict of the mandate of the committee. On 11th (May), I was given 109 names and today by 1 pm, 10 names were shortlisted and by 4 pm, six names were shortlisted. This casual approach of DoPT (department of personnel and training) is highly objectionable,” Chowdhury told PTI.

    The post of CBI director is vacant since the then incumbent Rishi Kumar Shukla retired on February 4 after a two-year stint.

    The charge for the post was handed to Additional Director Praveen Sinha, a 1988-batch Gujarat cadre IPS officer, till a formal appointment is made.

  • Narada case: Calcutta HC refuses CBI prayer to adjourn matter

    By PTI
    KOLKATA: The Calcutta High Court on Monday took up hearing in the Narada sting tapes case — in which two Bengal ministers, a TMC MLA and a former mayor of Kolkata have been arrested — refusing a prayer by the CBI to adjourn the matter.

    Representing the CBI, Solicitor General of India Tushar Mehta, during the virtual session, prayed before the five-judge bench that it adjourn hearing in the case, as the investigating agency has filed a special leave petition (SLP) before the Supreme Court, in connection with the high court’s May 19 and May 21 orders.

    The five-judge bench of the high court, however, decided to commence hearing in the matter since the SLP is yet to be listed for hearing before the apex court.

    It heard the CBI plea for transfer of the case from lower court to high court, and applications filed by the accused for recall of the stay order the high court had given on a lower court ruling.

    The CBI has sought before the high court transfer of the case alleging extraordinary circumstances.

    The agency claimed that Chief Minister Mamata Banerjee sat on a dharna at the CBI office after the arrests were made, and that it could not produce the four accused in court physically owing to unruly protests by a large number of people outside its office complex.

    The four leaders – ministers Firhad Hakim and Subrata Mukherjee, TMC MLA Madan Mitra and former city mayor Sovan Chatterjee — were arrested on May 17 morning by the CBI, which is investigating the Narada sting tapes case on the order of the high court.

    A special CBI court had on that very day granted interim bail to the four accused, but a division bench of the high court — comprising Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee — later stayed its decision, following which the leaders were sent to judicial custody.

    Differing on the application filed by the accused for recall of the stay order, Justice Arijit Banerjee had on May 19 passed an order allowing bail, while acting chief justice Bindal wanted that they be placed under house arrest.

    The division bench then passed an order on May 21, sending the four accused to house arrest, modifying its earlier order that stayed their bail granted by a CBI court.

    The ministers and the other two are undergoing house confinement since May 21.

    In view of the difference of opinion, the matter was then referred to a larger bench.

    A five-judge bench comprising the acting Chief Justice, justices I P Mukerji, Harish Tandon, Soumen Sen and Arijit Banerjee was subsequently constituted and the case was listed for hearing at 11 am on Monday.

    Lawyer Manishankar Chatterjee, who is representing Subrata Mukherjee, said that the issues that would be heard in the high court were noted by the five-judge bench on Monday.

    Among the main issues that were brought to the fore include the possibility of hearing the CBI’s transfer application together with the bail pleas filed by the accused, Chatterjee said.

    He further said that the five-judge bench has fixed the matter for further hearing on Wednesday.

    The sting operation, conducted by Mathew Samuel of Narada TV news channel in 2014, had purportedly caught on camera politicians accepting bribes in lieu of favours.

  • Narada case: CBI moves Supreme Court against Calcutta HC order allowing house arrest of TMC leaders

    By ANI
    NEW DELHI: The Central Bureau of Investigation (CBI) filed a Special Leave Petition (SLP) before the Supreme Court challenging the Calcutta High Court’s order which allowed the house arrest of four Trinamool Congress (TMC) leaders, who are accused in the Narada case.

    The probe agency, CBI, in its appeal, filed before the Apex Court, sought deferment of the larger Bench hearing, fixed for today before the five-Judge Bench of the Calcutta High Court.

    The Calcutta High Court, in its order recently on May 21, had allowed four TMC leaders, including two sitting ministers, accused in the Narada case, to be granted bail, and to be kept under house arrest.

    The Calcutta High Court had referred the bail pleas of these four leaders to be heard by a five-judge bench after the split verdict was passed by the two-Judge bench.

    ALSO READ | Firhad Hakim returns home after HC orders house arrest, three others to remain in hospital due to ill health

    The four politicians of West Bengal accused in the case are two sitting ministers of Mamata Banerjee-led government — Firhad Hakim and Subrata Mukherjee — and TMC legislators — Madan Mitra and former MLA Sovan Chatterjee.

    According to the case, the sting operation was conducted by one Narada News in West Bengal, showing around 12 then TMC ministers, leaders and an IPS officer were allegedly caught accepting bribes. The stint operations tapes were released in the case to expose the accused persons before the 2016 West Bengal Assembly elections.

    The Calcutta High Court had, in 2017 in its order, directed a preliminary investigation to be conducted by the CBI in the case.

    The Calcutta High Court passed this order after going through a Public Interest Litigation(PIL) seeking a thorough, impartial and independent investigation into the Narada tapes sting operation case.

    Last week, four TMC Ministers Firhad Hakim, Subrata Mukherjee, MLA Madan Mitra and Former Mayor Sovan Chatterjee were arrested by CBI in the Narada scam.

    The Narada sting operation was conducted by Narada news founder Mathew Samuel for over two years in West Bengal. Conducted allegedly in 2014 for the news magazine Tehelka, it was published on a private news website Narada News months before the 2016 West Bengal Assembly elections.

    The case is related to a sting operation, commonly known as Narada Sting Operation, in which these former public servants were caught on camera while receiving illegal gratification from the Sting Operator, Samuel.

  • Narada case: Firhad Hakim returns home after HC orders house arrest, three others to remain in hospital due to ill health

    By PTI
    KOLKATA: West Bengal minister Firhad Hakim on Friday returned home after the Calcutta High Court ordered the house arrest of him and three others arrested by the CBI in connection with the Narada sting tape case.

    Hakim, the state’s transport minister and chairman of the board of administrators of the KMC, came back to his Chetla residence in the evening, amid tight security.

    “We urged his supporters to not celebrate his return as he and the others are yet to get bail. Please ensure the court directive that there shouldn’t be any crowding in front of the residence,” one of his daughters said.

    Apart from Hakim, the high court earlier in the day ordered the house arrest of Panchayat Minister Subrata Mukherjee, Trinamool Congress MLA Madan Mitra and former Kolkata mayor Sovan Chatterjee.

    The court passed the direction modifying its earlier order that stayed their bail granted by a special CBI court on Monday when the four leaders were arrested.

    However, Mukherjee, Mitra and Chatterjee will not be able to return home immediately as they are undergoing treatment for various health conditions.

    Mitra, who had recently recovered from COVID-19, was diagnosed with severe pulmonary problems.

    “Mr Mitra’s condition is critical. He needs to be in hospital for treatment and is not in a position to be discharged,” one of the three doctors of the medical board constituted for the treatment of the three political leaders, said.

    Chatterjee, who suffers from Chronic Obstructive Pulmonary Disorder (COPD) and is highly diabetic, has developed cirrhosis of the liver, he said.

    The doctor said Mukherjee is on nebuliser.

    “We have to continue their treatment. At the moment, they are under observation,” he added.

  • CBI using Anil Deshmukh FIR as pretext to inquire into state administration: Uddhav government to HC

    The court was hearing a petition filed by the state seeking direction to the CBI to set aside and not carry out any investigation with regard to two quot;unnumbered paragraphs quot; from an FIR.