A day after the Karkardooma incident, the lawyers have withdrawn the call
of strike. Two constables who were found guilty of misusing their power have
been placed under suspension.
A committee, including Deputy Commissioner of Police, East and senior
advocates, has been constituted to examine allegations and counter allegations
of both the groups. According to Deputy Commissioner of Police, East, Prabhakar,
“A committee consisting of advocate SK Ahluwalia and advocate Mukesh Bansal will
examine the matter.”
Two constables Ankit and Manoj who used prima facie disproportionate force in
Anand Vihar police station have been placed under suspension and inquiry in
being undertaken, he added.
The MCD demolition drive in the Inderpuri area of east district had turned
ugly on Thursday when a group of lawyers protested the MCD’s action. The
resistance soon turned into a violent clash that resulted in injuries to eight
policemen and 18 lawyers.
Tuesday, 28 February 2012
City court to frame charges against seven persons
A city court on Friday decided to frame charges against seven persons,
including four MCD officials and a firm for their alleged roles in the CWG
street lighting scam, on February 27, saying it has found prima facie evidence
against them. Notably, this will be the first case in the Commonwealth Games
scam to enter the framing of charges stage; other CWG scam related cases are
still in the pre-charge stage.
Special CBI judge Pradeep Chaddah said a prima facie case exists against the accused persons and ‘let the charges be framed accordingly’. The persons who face the charges in the scam are MCD superintendent engineer DK Sugan, executive engineer OP Mahala, accountant Raju V and civic body’s tender clerk Gurcharan Singh besides director JP Singh and managing director TP Singh of private firm Sweska Powertech Engineers Pvt Ltd, who were allegedly illegally favoured in the award of street-lighting contracts. Another accused Mehul Karnik, an employee of Philips India Pvt Ltd, has, however, been discharged.
The CBI had booked them under Sections 120-B (criminal conspiracy), 420 (cheating), forgery under IPC and various provisions of the Prevention of Corruption Act.
The street lightning scam is one of the ten CWG-related scams being probed by the CBI. The agency had in its chargesheet alleged that in view of the 2010 Commonwealth Games in Delhi, the MCD had decided to upgrade street lightening to international standards.
According to the chargesheet, tenders were invited by the civic agency in 2008 and five companies, including Sweska Powertech, applied for it, while the MCD commissioner approved of only three companies. After opening of the tender and announcing of the rates by accused Sugan, certain cuttings and interpolations in the tender papers of Sweska were made and the amount quoted by it was increased, said the CBI in its chargesheet, adding that this led to a wrongful loss of Rs 1,42,83,000 to the Government and corresponding wrongful gain to the accused persons.
Terming MCD superintending engineer Sugan, the senior most official, as the ‘kingpin’ of the conspiracy, the court said tenders were opened in his office on May 14, 2008 and he allowed fudging of Sweska’s tender papers.
The accused Gurcharan also neglected his duty to make entries in the register immediately at the opening of the tenders and the announcement of the rates, leaving room for later manipulations. “Had he noted rates announced by Sugan, it would have become very difficult to change the rates later in the bid document,” the court said, adding that accused Mahla signed the fudged documents and would not have remained a silent spectator without promise of his share in the booty.
The court also said Sweska and its promoters TP Singh and JP Singh have been rightly arrayed as accused as the tender was submitted by their company and the owner of a private company are the direct beneficiaries of any gain made by it.
It, however, discharged Philips India officer Mehul Karnik who the CBI said was present in the same room when the tenders were being opened, as it noted that the company initially participated in the tender process, but ultimately did not submit the tender.
Special CBI judge Pradeep Chaddah said a prima facie case exists against the accused persons and ‘let the charges be framed accordingly’. The persons who face the charges in the scam are MCD superintendent engineer DK Sugan, executive engineer OP Mahala, accountant Raju V and civic body’s tender clerk Gurcharan Singh besides director JP Singh and managing director TP Singh of private firm Sweska Powertech Engineers Pvt Ltd, who were allegedly illegally favoured in the award of street-lighting contracts. Another accused Mehul Karnik, an employee of Philips India Pvt Ltd, has, however, been discharged.
The CBI had booked them under Sections 120-B (criminal conspiracy), 420 (cheating), forgery under IPC and various provisions of the Prevention of Corruption Act.
The street lightning scam is one of the ten CWG-related scams being probed by the CBI. The agency had in its chargesheet alleged that in view of the 2010 Commonwealth Games in Delhi, the MCD had decided to upgrade street lightening to international standards.
According to the chargesheet, tenders were invited by the civic agency in 2008 and five companies, including Sweska Powertech, applied for it, while the MCD commissioner approved of only three companies. After opening of the tender and announcing of the rates by accused Sugan, certain cuttings and interpolations in the tender papers of Sweska were made and the amount quoted by it was increased, said the CBI in its chargesheet, adding that this led to a wrongful loss of Rs 1,42,83,000 to the Government and corresponding wrongful gain to the accused persons.
Terming MCD superintending engineer Sugan, the senior most official, as the ‘kingpin’ of the conspiracy, the court said tenders were opened in his office on May 14, 2008 and he allowed fudging of Sweska’s tender papers.
The accused Gurcharan also neglected his duty to make entries in the register immediately at the opening of the tenders and the announcement of the rates, leaving room for later manipulations. “Had he noted rates announced by Sugan, it would have become very difficult to change the rates later in the bid document,” the court said, adding that accused Mahla signed the fudged documents and would not have remained a silent spectator without promise of his share in the booty.
The court also said Sweska and its promoters TP Singh and JP Singh have been rightly arrayed as accused as the tender was submitted by their company and the owner of a private company are the direct beneficiaries of any gain made by it.
It, however, discharged Philips India officer Mehul Karnik who the CBI said was present in the same room when the tenders were being opened, as it noted that the company initially participated in the tender process, but ultimately did not submit the tender.
City court summons six DU professors
Six Delhi University professors were issued summons by a city court on
Monday in connection with the 2010 Mayapuri radiation case, which had claimed
one life and left seven others injured after exposure to radioactive material in
a scrap market.
Metropolitan Magistrate, Lovleen has issued summons to DU professors, while taking cognisance of the chargesheet, which was under consideration since September last year and issued the summons to the six accused for March 12.
The Delhi Police had filed the chargesheet in September, accusing six DU professors of endangering lives by auctioning a radioactive gamma irradiator without following mandatory precautions. The chargesheet has named the then Head of Chemistry Department, VS Parmar, and the then Dean of Sciences, Roop Lal, as accused. Besides them, Rakesh Kumar, Ramesh Chandra Rastogi, Ashok Prasad and Rita Kakkar have also been chargesheeted under various penal provisions dealing with causing death by rash and negligent acts and causing grievous injuries.
The irradiator was sold in the scrap market in violation of the rules of Atomic Energy Regulatory Board (AERB), which says any chemical product emitting radiations cannot be auctioned and disposed of without following mandatory regulations, the chargesheet said. One person had died and seven people were critically injured in April 2010 after they were exposed to radiation when they cut open a Cobalt-60 irradiator at Mayapuri scrap market.
The irradiator was traced to the University’s Chemistry Department. The police had said two committees, comprising university professors, were set up before the irradiator was decided to be auctioned. The first committee was set up to find out which materials were of no use to the university and could be sold and the second committee was formed to auction the waste products, the charge sheet said. The six accused professors were part of those committees and had recommended the auctioning, it said.
Metropolitan Magistrate, Lovleen has issued summons to DU professors, while taking cognisance of the chargesheet, which was under consideration since September last year and issued the summons to the six accused for March 12.
The Delhi Police had filed the chargesheet in September, accusing six DU professors of endangering lives by auctioning a radioactive gamma irradiator without following mandatory precautions. The chargesheet has named the then Head of Chemistry Department, VS Parmar, and the then Dean of Sciences, Roop Lal, as accused. Besides them, Rakesh Kumar, Ramesh Chandra Rastogi, Ashok Prasad and Rita Kakkar have also been chargesheeted under various penal provisions dealing with causing death by rash and negligent acts and causing grievous injuries.
The irradiator was sold in the scrap market in violation of the rules of Atomic Energy Regulatory Board (AERB), which says any chemical product emitting radiations cannot be auctioned and disposed of without following mandatory regulations, the chargesheet said. One person had died and seven people were critically injured in April 2010 after they were exposed to radiation when they cut open a Cobalt-60 irradiator at Mayapuri scrap market.
The irradiator was traced to the University’s Chemistry Department. The police had said two committees, comprising university professors, were set up before the irradiator was decided to be auctioned. The first committee was set up to find out which materials were of no use to the university and could be sold and the second committee was formed to auction the waste products, the charge sheet said. The six accused professors were part of those committees and had recommended the auctioning, it said.
Ramjas racket: Student’s bail plea rejected
A city court on Monday rejected the bail plea of a student of Sri Ram
College of Commerce arrested for his alleged role in a racket for admission to
Ramjas and other Delhi University colleges.
Metropolitan Magistrate Devender Nain dismissed the bail plea of second-year student Sahil Gulati accused by the police of forging the marksheets to secure admissions of ineligible candidates in various DU colleges. While pleading for the bail, Gulati’s counsel told the court that he should be released from jail as he has to prepare for the forthcoming examinations and has been behind bars for 75 days now. Drawing a parallel between him and DMK MP Kanimozhi, his counsel said Gulati has been accused of cheating and so was the DMK leader.
“In the 2G case too, Kanimozhi has been given bail. She was also charged with cheating under the IPC,” he said. The Delhi Police had alleged Sahil and his accomplices were the first point of contact for students seeking admission in the college through dubious means. Along with Gulati, police had also arrested co-accused Mukul, a second-year Ramjas College student, Sanchit, an ex-Ramjas student and Rahul, owner of a cyber cafe where marksheets were forged.
Metropolitan Magistrate Devender Nain dismissed the bail plea of second-year student Sahil Gulati accused by the police of forging the marksheets to secure admissions of ineligible candidates in various DU colleges. While pleading for the bail, Gulati’s counsel told the court that he should be released from jail as he has to prepare for the forthcoming examinations and has been behind bars for 75 days now. Drawing a parallel between him and DMK MP Kanimozhi, his counsel said Gulati has been accused of cheating and so was the DMK leader.
“In the 2G case too, Kanimozhi has been given bail. She was also charged with cheating under the IPC,” he said. The Delhi Police had alleged Sahil and his accomplices were the first point of contact for students seeking admission in the college through dubious means. Along with Gulati, police had also arrested co-accused Mukul, a second-year Ramjas College student, Sanchit, an ex-Ramjas student and Rahul, owner of a cyber cafe where marksheets were forged.
Woman official, CA land in jail in bribery case
In a bid to deter Government officials and professionals from indulging in
corrupt activities, a city court on Tuesday jailed a woman government official
and a Chartered Accountant, both involved in a bribery case.
While the Assistant Sales Tax Officer Ved Prakash Kukreja (56) had accepted a bribe of Rs 1,500, the chartered accountant Ashish Garg (34) was held guilty for giving the said bribe amount. Special Judge BR Kedia sentenced Kukreja and Garg to three years and two years’ rigorous imprisonment respectively. In addition to the jail term, the judge also slapped a fine of Rs 20,000 each on them.
While sentencing the duo, the judge observed, “Professionals like doctors, engineers and CAs are held in high esteem in the eyes of the general public. They are not supposed to indulge in any such modalities of corruption. They are supposed to render their professional duties by exercising their specialised skill and knowledge. However, the present case displayed the offering of bribe by Garg to Kukreja on behalf of Shivalik Enterprises.”
The duo were caught red-handed on March 16, 2006 by the police after they raided Kukreja’s office on receiving information that bribe officers of Sales Tax department were taking bribe for settlement of the case files due to closing of the financial year. The raiding team saw Garg giving a white envelope to Kukreja. The white envelope contained Rs 1,500.
Upon interrogation, Garg told the police that he was a representative of Shivalik Enterprises and had visited Kukreja for final assessment of sales tax file of the company. While convicting Kukreja, the court rejected the defence’s claim that proper sanction was not taken for her prosecution saying, “Sanction was validly granted by the appropriate authority for Kukreja’s prosecution.” The defence counsel pleaded for leniency for Kukreja citing her old age and neurological disorder. Garg’s counsel also pleaded leniency for him citing his youth and family responsibilities.
The Public Prosecutor, however, demanded exemplary punishment to both saying, “Both the convicts do not deserve any leniency. Kukreja took bribe despite being placed in such a high rank in the Sales Tax office and Garg offered him the illegal gratification. The cancer of corruption has spread its tentacles in social life to such an extent that the belief of common man in institutional work has been obliterated. Therefore, exemplary punishment should be granted to them.”
The court convicted the duo under various provisions of Prevention of Corruption Act. While awarding the quantum of sentence it said, “Keeping the facts and circumstances of the case, I hereby sentence Kukreja to three years’ rigorous imprisonment and Garg to two years’ rigorous imprisonment.”
While the Assistant Sales Tax Officer Ved Prakash Kukreja (56) had accepted a bribe of Rs 1,500, the chartered accountant Ashish Garg (34) was held guilty for giving the said bribe amount. Special Judge BR Kedia sentenced Kukreja and Garg to three years and two years’ rigorous imprisonment respectively. In addition to the jail term, the judge also slapped a fine of Rs 20,000 each on them.
While sentencing the duo, the judge observed, “Professionals like doctors, engineers and CAs are held in high esteem in the eyes of the general public. They are not supposed to indulge in any such modalities of corruption. They are supposed to render their professional duties by exercising their specialised skill and knowledge. However, the present case displayed the offering of bribe by Garg to Kukreja on behalf of Shivalik Enterprises.”
The duo were caught red-handed on March 16, 2006 by the police after they raided Kukreja’s office on receiving information that bribe officers of Sales Tax department were taking bribe for settlement of the case files due to closing of the financial year. The raiding team saw Garg giving a white envelope to Kukreja. The white envelope contained Rs 1,500.
Upon interrogation, Garg told the police that he was a representative of Shivalik Enterprises and had visited Kukreja for final assessment of sales tax file of the company. While convicting Kukreja, the court rejected the defence’s claim that proper sanction was not taken for her prosecution saying, “Sanction was validly granted by the appropriate authority for Kukreja’s prosecution.” The defence counsel pleaded for leniency for Kukreja citing her old age and neurological disorder. Garg’s counsel also pleaded leniency for him citing his youth and family responsibilities.
The Public Prosecutor, however, demanded exemplary punishment to both saying, “Both the convicts do not deserve any leniency. Kukreja took bribe despite being placed in such a high rank in the Sales Tax office and Garg offered him the illegal gratification. The cancer of corruption has spread its tentacles in social life to such an extent that the belief of common man in institutional work has been obliterated. Therefore, exemplary punishment should be granted to them.”
The court convicted the duo under various provisions of Prevention of Corruption Act. While awarding the quantum of sentence it said, “Keeping the facts and circumstances of the case, I hereby sentence Kukreja to three years’ rigorous imprisonment and Garg to two years’ rigorous imprisonment.”
‘Case against Facebook biased’
Popular social networking site Facebook has told a city court that the
case against it for hosting objectionable contents has been filed with ‘ulterior
motives’.
The internet giant, in a written statement filed before the Additional Civil Judge Praveen Singh, also dubbed the complaint as gross abuse of the process of law. It alleged that the lawsuit has been filed to ‘harass’ it as it has been filed by a person who has approached the court with ‘unclean hands’.
The internet giant, in a written statement filed before the Additional Civil Judge Praveen Singh, also dubbed the complaint as gross abuse of the process of law. It alleged that the lawsuit has been filed to ‘harass’ it as it has been filed by a person who has approached the court with ‘unclean hands’.
India court criticises 'shifting stand' on gay sex
 |
| The 148-year-old colonial law was overturned in 2009 |
The health ministry says it supports a 2009 Delhi High Court order decriminalising gay sex.
But last week, senior government lawyer PP Malhotra told the Supreme Court that homosexuality was immoral.
Within hours, the home ministry disowned the lawyer's statement and said he had read from the wrong file.
The Delhi High Court ruling in 2009 overturned a 148-year-old colonial law which described a same-sex relationship as an "unnatural offence".
The Supreme Court is hearing challenges from groups opposing the new law.
"Don't make a mockery of the system and don't waste the court's time," the Supreme Court judges told the government on Tuesday.
Earlier, the health ministry told the court that there was "no error in decriminalising gay sex".
Last week, Additional Solicitor General PP Malhotra raised eyebrows with his statement in court: "Gay sex is highly immoral and against social order and there is high chance of spreading of diseases through such acts."
He said that India could not imitate Western practices.
But it turned out he had been reading an old statement delivered before the 2009 judgment. The home ministry said there had been a "miscommunication".
The 2009 ruling was welcomed by India's gay community, which said the judgement would help protect them from harassment and persecution.
But political, social and religious groups want the colonial-era law reinstated.
'What is unnatural sex?' Many people in India still regard same-sex relationships as illegitimate, but rights groups have long argued that the law contravened human rights.
Section 377 of the colonial Indian Penal Code defined homosexual acts as "carnal intercourse against the order of nature" and made them illegal.
But the Delhi High Court said the colonial-era law was discriminatory and gay sex between consenting adults should not be treated as a crime. Until the high court ruling, homosexual acts were punishable by a 10-year prison term.
Earlier this month the Supreme Court began a debate on the legality of decriminalising gay sex in private between consenting adults.
The court asked groups challenging the judgement to define "unnatural sex".
"So who is the expert to say what is 'unnatural sex'? The meaning of the word has never been constant," Justices GS Singhvi and SJ Mukhopadhyaya asked a petitioner who challenged the judgement.
"We have travelled a distance of 60 years. Now it is test-tube babies, surrogate mothers. They are called discoveries. Is it in the order of nature? Is there carnal intercourse?" the judges asked.
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