Wednesday August 15, 2018
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SC notice to Virbhadra Singh in disproportionate assets case

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New Delhi: The Supreme Court on Monday issued notice to Himachal Pradesh Chief Minister Virbhadra Singh, asking why his plea against a CBI investigation into a disproportionate assets case should not be transferred from the state high court.

The apex court bench of Justice Fakkir Mohamed Ibrahim Kalifulla and Justice Uday Umesh Lalit issued notice on the Central Bureau of Investigation (CBI) plea, challenging the Himachal Pradesh High Court order restraining it from investigating the chief minister and his wife or taking them in custody for interrogation.

The high court on October 1 had stayed the arrest of Virbhadra Singh and his wife Pratibha Singh in the Rs.6 crore assets case as the CBI sought their custodial interrogation.

Virbhadra Singh moved the high court following CBI raids at his residences in Delhi and Shimla on September 26 which he contended were mala fide and out of political vendetta.

A notice, returnable on November 5, has also been issued to Singh’s wife Pratibha Singh.

Besides the notice on CBI plea seeking the transfer of case outside Himachal, the notice has also been issued on the plea challenging the October 1 order.

Assailing the high court order, Attorney General Mukul Rohatgi told the court that the judge who passed the October 1 order had on two earlier occasions recused himself from hearing the matter involving Singh, saying that the latter was his client when he was a practising advocate.

Rohatgi referred to newspaper reports to buttress his point, inviting jibes from senior counsels Kapil Sibal and P.Chidambaram for reading media reports as an extension of court orders.

Appearing for Virbhadra Singh, Sibal said that instances being referred to by the Attorney General were related to the Himachal Pradesh Cricket Association and had nothing to do with the matter before the apex court.

Besides objecting to the said judge hearing and passing the October 1 order, Rohatgi said that the investigating agency was seeking the transfer of the case as it related to an incumbent chief minister and the same matter was being heard and monitored by the Delhi High Court.

Rohatgi said that while the Delhi High Court asked the CBI to take the matter to its logical conclusion, but due to the order of the Himachal Pradesh High Court the investigating agency could not proceed with its investigation.

“I can’t interrogate. I can’t move forward in Rs.6 crore of unaccounted wealth that relates to the period when Virbhadra Singh was a union minister in the then UPA government,” he said.

While protecting Singh and his wife from any interrogation, the Himachal Pradesh High Court by its October 1 order said, “…by way of abundant precaution, it’s made clear that the petitioners shall not be arrested.”

“It’s also made clear that as and when the dossier is complete, it shall be open for the CBI to approach this court for permission to interrogate the petitioners in accordance with law,” the high court further said.

The case was registered on September 23 under the Prevention of Corruption Act against the chief minister, his wife Pratibha Singh, LIC agent Anand Chauhan and an associate, Chunni Lal.

The FIR was the outcome of a preliminary inquiry which revealed that Singh, while serving as a union minister during 2009-2012, allegedly accumulated assets worth Rs.6.03 crore in his name and in the name of his family members which were found to be disproportionate to his known sources of income.

 

(IANS)

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SC Warned Amrapali Directors, says “Would Be Rendered Homeless If Tried To Play Smart”

The company Directors were asked to file affidavits within 15 days listing their movable and immovable properties.

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The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore. Wikimedia Commons
The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore. Wikimedia Commons

The Supreme Court on Wednesday asked the Directors of the Amrapali Group to file details of all their movable and immovable assets along with valuation, and warned them that they would be rendered homeless if they tried “to play smart.”

A bench of Justice Arun Mishra and Justice U.U. Lalit clarified that all the properties of the directors would be sold if the company failed to raise Rs 5,112 crore required to complete its unfinished housing projects.

The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore.

The company Directors were asked to file affidavits within 15 days listing their movable and immovable properties.

"Don't burden the home-buyers. Don't try to be smart. Tell your Directors also," the bench told the counsel. Wikimedia Commons
“Don’t burden the home-buyers. Don’t try to be smart. Tell your Directors also,” the bench told the counsel. Wikimedia Commons

When the company’s counsel Gaurav Bhatia told the court that home-buyers will also pay to help it raise Rs 5,112 crore, the court said: “The home-buyers will not pay a penny.”

“Don’t burden the home-buyers. Don’t try to be smart. Tell your Directors also,” the bench told the counsel.

“Tell us how you intend to arrange the money? Otherwise, you will be rendered homeless,” the bench said.

The court told the Directors that as they had made buyers wait for their homes, they will also search for their homes if they don’t submit the plan to arrange for money for the unfinished projects.

“Days are not away when you (Directors) will compel us to do this. If necessary, we will take every strip (of land) if you compel us. Next time, come (to the court) with the proposal,” the top court observed.

The real estate group is yet to hand over possession of flats to around 40,000 home-buyers. Wikimedia Commons
The real estate group is yet to hand over possession of flats to around 40,000 home-buyers. Wikimedia Commons

When the court was told that electricity supply at two projects of Amrapali — Zodiac and Silicon Valley — has been disconnected, it ordered the power companies concerned to restore electricity by Wednesday itself.

The court posted the matter for August 14.

On August 1, the court slammed the Amrapali Group for playing “fraud and dirty games” with it and ordered freezing of bank accounts of all the Directors of its 40 firms, besides attaching their personal properties.

Public sector undertaking National Building Construction Corporation was also directed to take over all 16 unfinished projects of the Amrapali Group.

The real estate group is yet to hand over possession of flats to around 40,000 home-buyers.

Also Read: Supreme Court seeks Centre’s response on plea challenging polygamy, nikah halala

The apex court has been hearing a batch of pleas filed by home-buyers who have sought quashing of the National Company Law Tribunal order to admit insolvency proceedings against the Amrapali Group.

The buyers belong to low and middle income groups and must be granted equal protection as other stakeholders, the financial and operational creditors, the home buyers’ plea said. (IANS)