High Court Archives

CBI, ED to move HC over 2G verdict, say special court failed to note ‘evidence’

by admin | May 25, 2021 | News, Politics

New Delhi : The CBI and the Enforcement Directorate on Thursday said they will appeal in the High Court against the special CBI court verdict acquitting all the accused in the 2G spectrum allocation case and said the court has “failed” to take note in “proper perspective” the prosecution’s evidence.

The Central Bureau of Investigation (CBI) in a statement after special CBI judge O.P. Saini acquitted all the accused, including then Telecom Minister A. Raja and DMK MP Kanimozhi, said: “The CBI will be taking necessary legal remedies in the matter and is planning to move to High Court against the special court’s verdict in the 2G scam case dated December 21, 2017.

“The judgement has been prima facie examined and it appears that the evidence adduced to substantiate the charges by the prosecution has not been appreciated in its proper perspective by the learned court.”

The ED in a statement said, “We have decided to move in appeal against the judgement dated December 21 of the special court on a number of grounds based on the facts as well as legal provisions.”

“The court appears to have failed to appreciate a number of factors which, inter alia, position the offence of money laundering as stand alone offence.”

The ED, which is also probing financial irregularities in the case and assisting the CBI, raised question over the special court’s verdict ignoring the findings of Supreme Court that has been keeping a regular tab on the investigation till the chargesheet was not filed in the case.

“Besides the observation and findings of Supreme Court in this case appear to have not been considered by the special court.”

The ED statement said the offence of money laundering as defined under Section 3 is, inter alia, based on the term proceeds of crime which the court failed to appreciate.

The court also failed on the point in which the crime is defined under Section 2(1)(u) of Prevention of Money Laundering Act (PMLA), which considers only the criminal activity instead of commission of an offence, it said.

It said that the acquittal by the court in PMLA prosecution by interpreting the term criminal activity to the extent of commission of an offence appeared to be “erroneous”.

“The court has appreciated the material evidence qua offence of money laundering at the time of framing of charges against the accused persons but the same material appears to have not been considered while deciding the prosecution complaint under PMLA. And, the accused persons have been acquitted from the offence of money laundering only on the
basis of no commission of offence and not the occurrence of criminal activity,” said the ED statement.

While announcing the judgment, the special judge O.P. Saini said the CBI and the Enforcement Directorate had failed to provide sufficient evidence to prove the charges against 33 persons named in the case that contributed to the Congress-led UPA’s electoral loss in 2014.

—IANS

Remove encroachments in Himachal forests, use drones to keep vigil: HC

by admin | May 25, 2021 | News

Shimla : Acting tough on forest land encroachments, mainly by apple growers, the Himachal Pradesh High Court has directed the state to remove all these, including by cutting power and water supplies, and to ensure that no one is allowed to enter the affected area for cultivation purposes.

It also directed the governments to use drones not only to keep vigil on encroached areas but also to detect any fresh cases.

A division bench of acting Chief Justice Sanjay Karol and Justice Tarlok Singh Chauhan passed the directions in a resumed hearing on encroachments in forests, according to the court order released to media on Friday.

The court, in its earlier order, had directed snapping of the electricity and water connections provided to all illegal structures raised by way of encroachment over the forest land in excess to 5 bighas.

It also directed to remove the encroachments, destroy the crops and plants on the encroached land and to fence the vacated land, all at the costs and expenses of the encroachers.

Listing the matter for next hearing on December 20, the court also observed it would be the personal responsibility of functionaries of the Gram Panchayat, Gram Sabha, Panchayat Samiti, Zila Parishad and the Forest, Revenue and Police Departments to ensure that the orders were complied with.

The bench directed the Principal Chief Conservator of Forests to place on record the half-yearly report submitted by forest guards with respect to the number of encroachments, and the state, the Forest Department and the Deputy Commissioners concerned to submit a report regarding recovery of undue profit made by encroachers.

It also asked the state to file status and compliance report clearly stating the action taken in ensuring compliance of all the court orders passed from time to time.

In April, the high court allowed the state to frame a policy to regularise small encroachments, mainly by growers, on government land with a rider that it did not compromise with its legality and validity.

Official sources said it came as a big relief for thousands of small growers, who have encroached upon forest and revenue land by illegally extending their orchards.

“The state may proceed with the policy but it should not be construed that we have upheld the legality and validity of the proposed policy.

“If the policy is made, its validity and legality can be tested at any time, if questioned,” the court had said.

An encroachment is an encroachment and the encroachers are liable to be evicted, the high court ruled on August 6, 2015.

The Comptroller and Auditor General of India in its report tabled in the assembly in March said the state has not been able to demarcate 54 per cent of its forest area in 28 years and there are over 15,409 cases of encroachments despite high court strictures.

—IANS