Nupur Talwar moves SC after CBI court denies her bail
New Delhi, May 02, 2012: Nupur Talwar is seen in this file photo at the Supreme Court in New Delhi. PTI/Manvender Vashist
Dentist Nupur Talwar on Wednesday moved the Supreme Court seeking bail in the case of twin murder of her daughter Aarushi and domestic help Hemraj four years ago in Noida. Nupur, who is in judicial custody, filed a fresh plea for bail in the pending petition before the apex court in which she has sought review of its decision giving a go ahead to criminal prosecution against her and her dentist husband Rajesh Talwar.
Talwars' lawyers clarified that they have not challenged Wednesday's order of a Ghaziabad court denying bail to Aarushi's mother. "In fact, an application for bail has been filed in the pending review petition which is likely to be listed for hearing on Friday," their counsel said.
The apex court had on March 15 decided to hear in open court the petition filed by the dentist couple seeking review of its January 6 order in which it had cleared the decks for the couple's trial in the murder case by dismissing their plea to quash criminal proceedings against them.
In between, a non-bailable warrant was issued by the Special CBI court in Ghaziabad after the Allahabad high court had withdrawn the protection given to her.
After that Nupur had approached the apex court seeking bail and protection from arrest. However, the apex court had on April 27 directed her to surrender on April 30 before the trial court in Ghaziabad.
After the CBI court had dismissed her plea, she was sent to the judicial custody.
Earlier on Wednesday, Nupur was denied bail in the sensational 2008 double murder of her daughter Aarushi and domestic help Hemraj by a special CBI court which felt she may create hindrance in trial and flee from justice if granted relief.
The court of additional district judge S Lal, which had reserved the order on the bail application of Nupur on Tuesday, said that while prima facie she was accused of killing her own progeny and the servant who came from Nepal, she may also create hindrance in smooth disposal of trial if given a bail.
Ordering 14-days judicial custody, the court, in its four-page order, also said that Nupur may flee from justice to delay the trial in the case.
Nupur, who was taken to Dasna Jail immediately after the order, will appear in the court of Special CBI Magistrate who is expected to commit the case to sessions for trial.
Seeking Nupur's bail, her lawyer GP Thareja had earlier said that she and her husband Rajesh Talwar, also a dentist, had undergone all sorts of scientific tests like polygraph, brain mapping and narco analysis which were "clean like a whistle".
CBI public prosecutor RK Saini had countered that Nupur wanted to get out of the clutches of the court as despite repeated warrants, bailable and non-bailable, she did not appear before Magistrate's court until Supreme Court directed her to do so.
Teenager Aarushi was murdered on the intervening night of May 16-17, 2008 at her Noida residence and the next day the body of domestic help, Hemraj, was found on the terrace of the house.
In her written statement filed before the court on Tuesday, Nupur had said that she "stands on a better footing viz-a-viz case of other accused Rajesh Talwar" who is on bail.
Rajesh was granted bail on July 11, 2008 after spending 50 days in Jail.
The CBI had contested the claim, saying Rajesh's bail plea was still under judicial review and hence there was no question of parity.
Congress MP 'manhandled' in Gujarat, breaks down in Paliament, Modi govt calls allegations baseless
May 2, 2012, NEW DELHI/AHMEDABAD: A Congress woman MP from Gujarat today broke down in the Lok Sabha while mentioning how she was allegedly manhandled by state police in her home constituency during yesterday's Gujarat Divas celebrations. The alleged police action against Dahod MP Prabha Kishore Taviad drew sharp condemnation of Gujarat's BJP government by members of non-NDA parties.
The state government rubbished the charges made by Taviad and described them as "baseless", saying the action against her was part of the "administrative process". Taviad and four party MLAs -- Vaju Panda, Bacchu Kishori, Chandrika Bariya, Dita Macchar -- were detained when they were trying to demonstrate near the venue of the celebrations at Dahod.
In the Lok Sabha, members of the Left parties, SP, BSP, Trinamool Congress, AIADMK and RJD came together and said swift action was necessary after an anguished Taviad showed bruises sustained on her arms after the alleged police action. Some members said the matter should be referred to the privileges committee and stern action be taken against the guilty. Girija Vyas (Cong) raised the issue on behalf of Taviad and said the latter was not allowed by the police to attend the Gujarat Divas celebrations at Dahod. She claimed that Taviad and some Congress MLAs were manhandled by the police and taken 300-400km away in a police vehicle yesterday.
Taviad, according to Vyas, was provided medical help only at 8pm and later allowed to board a train for Delhi. Vyas claimed that the MP was pulled by her hair and manhandled. This prompted Congress members to shout 'shame, shame' as their BJP counterparts remained silent. leader of the opposition Sushma Swaraj said since the issue was serious, she would talk to Gujarat chief minister Narendra Modi and get back to the House.
Amid slogan shouting by Congress members, parliamentary affairs minister Pawan Kumar Bansal suggested that the matter be referred to the Privileges Committee of the House. Gujarat Health Minister and state spokesperson Jaynarayan Vyas dismissed as baseless the charges.
"The occasion was of Gujarat Day celebrations. The MP was invited to the function. When you are going in the capacity of MP and as an invited guest one should act likewise," Vyas told reporters in Ahmedabad. As far as her issue of making representation before the the chief minister is concerned, that is also baseless because on every Tuesday the CM meets MPs and MLAs, he said.
Although it was not an appropriate forum, despite that the district collector had told her that if you want to convey something to the CM then hand over the appeal to him, but when it was felt that she is determined to stage a demonstration then the administration had to act, Vyas said. "I feel it was an administrative process and as part of it the police had to act since it was more or less a compulsion for them," Vyas said. "Even on 15 August and other 2-3 occassions she had attempted to do such acts (hold demonstrations)," he said. The state Congress had alleged that they were taken away in a bus to different locations and were manhandled by the police.
Fake encounters: SC tells army to finalise trial process
Tuesday 01 May, 2012: The Supreme Court on Tuesday asked the Army authorities to decide whether its personnel accused of fake encounter killings in Jammu and Kashmir and Assam should be tried by court-martial proceedings or by regular criminal courts.
A bench of justices B S Chauhan and Swatanter Kumar said that if the Army authorities were not keen on court-martial proceedings, then the CBI can seek sanction from the Centre for prosecution of the Army officers.
Army personnel were allegedly involved in the killing of 7 persons in an alleged staged shootout at Pathribal in Jammu and Kashmir 12 years ago.
In the event of the accused officers being tried by the regular criminal courts, the Centre shall consider the CBI's plea for sanction within three months, the apex court said on Tuesday. The bench had reserved its verdict on 23rd April.
Earlier, while concluding their arguments, Additional Solicitor General Harin Raval and senior counsel Ashok Bhan, appearing for CBI, had reiterated that Army personnel involved in the alleged fake encounter have no immunity from prosecution.
CBI had earlier told the special bench that it was a case of "cold-blooded murder and the accused officials deserve to be meted out exemplary punishment."
CBI had contended that no prior sanction was required for prosecuting the Army personnel and the need to ensure "public confidence in the rule of law and dispensation of justice" warranted their prosecution.
"Our investigations have revealed it was a fake encounter and cold-blooded murders. If public confidence in the rule of law and dispensation of justice is to be sustained, the accused officers deserve to be meted out exemplary punishment," Bhan had told the bench.
Bhan's submission was contrary to the stand taken by Additional Solicitor General P P Malhotra, who, appearing for the Army officers, had said prior sanction was mandatory for prosecuting the personnel who otherwise were innocent.
The Defence Ministry and CBI have differed on the issue of immunity enjoyed by the Army under the controversial AFSPA (Armed Forces Special Powers Act) and other regular laws in encounter killing cases.
CBI had maintained the expression used in Section 6 of the Armed Forces Special Powers Act, which gives immunity to Army personnel for encounters killings, was not available to the accused officers in the present case.
Additional Solicitor General P P Malhotra, on behalf of the Centre, had denied the allegations of fake encounter and argued they enjoyed protection in discharge of their official functions.
CBI had earlier moved an application for vacating the stay granted by the apex court on the trial relating to the killings of 7 persons allegedly by the Army in retaliation to the killing of 36 civilians by militants at Chattisingpora in 2000.
According to CBI, though the right to immunity under 197 CrPC was available to the officers, in the present case it has not been sought by the accused but by senior Defence Ministry officers, which was contrary to the law.
Mamata to support Pranab if nominated for presidential polls
Kolkata, May 02, 2012: Congress ‘trouble shooter’ Pranab Mukherjee is Mamata Banerjee’s first choice as the presidential candidate. Trinamool Congress would support Mukherjee if he is nominated, senior party leaders told HT on Wednesday.
However, the party supreme is yet to decide her strategy vis-à-vis other
names. The matter would come up for discussion during her four-day trip in New Delhi and scheduled meetings with Prime Minister Manmohan Singh and UPA chairperson Sonia Gandhi.
“If Pranab Mukherjee is placed a candidate for the next President of India, we would whole heartedly support him. He is an outstanding leader, statesman. Our leader Mamata Banerjee holds Pranabda in high regard. She thinks that he is a suitable person for the chair,” said a senior Trinamool leader close to Mamata Banerjee.
According to sources in the party, Mamata Banerjee’s long association and rapport with the finance minister is supposed to work behind the decision. She also thinks that if Mukherjee become the President, Bengal’s cause may also get some support from the son of the soil.
“I am going to Delhi. Leaders of various political parties come and meet me during such trips. I am a parliamentarian for 25 years. We will hold talks over the issue,” said Mamata Banerjee in Kolkata before leaving for Delhi.
“I am also supposed to have a courtesy meeting with Sonia Gandhi. We have not met since she was not keeping well,” Mamata said.
It was Pranab Mukherjee who was instrumental in dealing with Mamata Banerjee on many issues after she became an UPA ally and later the chief minister of Bengal. Mukherjee is believed to have always kept in touch with Mamata on several thorny issues from Teesta water dispute, FDI in retail apart from issues of the finance ministry like the so-called Bengal package and the state government’s demand of a three-year moratorium of payment of debt obligations.
There are other considerations as well. “If the Congress fails to return in power in 2014 Lok Sabha polls, Mukherjee may have a sphere of influence from Rashtrapati Bhavan,” said another senior TMC leader.
A section of TMC party leaders also hinted at another benefit for the party. They think with Mukherjee out of the finance ministry, it would be easier for Mamata Banerjee to coax financial benefits from the Centre.
Mukherjee so far had played hardball with Mamata Banerjee, refusing to meet her demand for a so-called financial bail out package and the moratorium.
Party leaders said that in case of Mukherjee not being in the fray, Mamata Banerjee is yet to firm up her strategy on other candidates. She will hold discussions regarding this with party leaders and leaders from other parties like Samajwadi Party over the issue.
The meeting between Singh and Mamata may witness some wrangling over issues such the presidential candidate and her demands for a financial bailout.
On April 21, Mamata issued a 15-day ultimatum to the Centre to grant her three-year moratorium. Though she later clarified it is as a request, the West Bengal chief minister sounded stern when she announced the threat.
Names like Pranab Mukherjee, Hamid Ansari, APJ Abdul Kalam, Meira Kumar are doing the rounds in Delhi for the Presidential poll. Even regional parties like Samajwadi Party and Janata Dal United have already formed their own opinions over the names.
Army chief's bribery allegation: CBI quizzes Tejinder Singh
New Delhi, May 02, 2012: Carrying forward its probe on the bribery allegation made by Army Chief Gen VK Singh, the CBI on Wednesday questioned retired Lt Gen Tejinder Singh for the first time for his alleged role in the Tatra case.
Singh arrived at the CBI headquarters this morning and was grilled
at length in connection with the Tatra case as the probe so far suggested role of some former Army officers in clearing the deal for the trucks, official sources said.
They said Singh was also asked to reply to the allegations levelled against him by the Army Chief who claimed in his statement that the former Lt Gen had approached him in 2010 with a bribe offer of Rs. 14 crore to clear a tranche of 600 Tatra trucks for the Army.
Sources in the CBI said, Tejinder Singh was asked about the reasons of his visit to Army chief's office on September 22, 2010 when the alleged bribe offer was made to Gen VK Singh.
Tejinder Singh has denied all these allegations and also filed a contempt case against the Army Chief.
The CBI had recorded the statement of Army Chief on April 20 in which he had made the allegation against Tejinder Singh saying that he had made the offer on behalf of Ravi Rishi of Tatra trucks, the sources said.
Rishi and his company, Vectra, have also denied any wrong doing in the case.
CBI has registered a case in purchases of Tatra Trucks to Army on March 30 against Rishi, unknown officials of defence ministry and UK-based Vectra company.
The CBI sources claimed that documents showed that there was an apparent hurry shown in signing the Memorandum of Understanding in just three days between Tatra Sipox UK and the BEML in June, 1997.
Rishi holding substantial shares in Tatra Sipox UK has denied allegations of any wrong doing.
The agency is probing alleged irregularities in assigning supply from Czechoslovakia-based Tatra, with which the agreement was originally signed in 1986, to the Tatra-Sipox UK owned by Rishi in 1997 showing it as Original Equipment Manufacturer and the fully-owned subsidiary of Czech company, they said.
A CBI spokesperson had said this was against the provisions of Defence Procurement Procedure for supplying the vehicles to Indian Army on the basis of the orders placed by the ministry of defence.
"It is further alleged that in this manner, vehicles worth thousands of crores of rupees have been supplied to the Indian Army. In continuation of the aforesaid conspiracy to cause undue benefit to the UK-based company, the unknown officials of the Defence PSU allowed change of currency from US Dollar to Euro and further by not levying the Liquidated damages, thereby causing further loss of Rs. 13.27 crores," the CBI had said.
Fishermen killing: SC allows Italian ship to leave
New Delhi, May 02, 2012: The Supreme Court on Wednesday allowed the release of Italian ship MV Enrica Lexie, from which two marines had shot dead two Indian fishermen suspecting them to be pirates. The marines will, however, continue to remain in custody in a Kerala jail. The court accepted the Italiangovernment's assurance that it would ensure the presence of the four other marines on board before any court in India as and when they are summoned.
The SC directed owner of the vessel to execute a bond of Rs. 3 cr before Registrar General of Kerala high court.
The apex court also allowed four marines and six crew members on board to leave Indian shores along with the vessel.
