Showing posts with label CBI. Show all posts
Showing posts with label CBI. Show all posts

Friday, January 11, 2013

It’s a business deal

It’s a business deal. They have your asset (son) and you have the consideration (Rs.60 lakh)…

But Sanjay is bravely trying to pick up the pieces and move on. Speaking to B&E, a tormented Chawla turns philosophical and offers a few words of advice to fellow entrepreneurs and CEOs, “Law is technically reactive in nature, and it comes into picture, only after the crime is committed. Even the Government is trying to put in place a CISF security system for the corporates, but keeping in mind the population of India, it is practically impossible to assign a policemen or a security guard for everyone. Citizens need to be more proactive in nature...”

Given the dysfunctional nature of the law and order and police system in India, virtually every citizen is vulnerable to some kind of crime – from chain-snatching to car-jacking to rape and murder. But particularly vulnerable as ‘soft targets’ are CEOs like Anant Gupta and entrepreneurs like Sanjay Chawla and their near and dear ones. And almost everyone concerned with this “industry” agree that the danger will become even more potent and menacing in the months and years to come. “It’s a big business these days... and is constantly on the rise! And we can do little about it at the moment,” states V. M. Pandit, a former official of the Central Bureau of Investigation (CBI) who runs his own private security outfit. A top cop of Haryana Police, who has been privy to information regarding scores of kidnapping cases and who doesn’t want to be named says, “The number of rich businessmen and senior corporate managers is growing manifold every year. It is but natural for criminals to target them. The problem is, many such potential victims are simply not just aware of the simple steps that they and their family members need to take to prevent such crimes. You have to be proactively careful too!” (See Infographics)

Virtually every security expert agrees that there are three things that a family must do when a kidnapping has happened and the ransom calls start coming in – do not lose your cool, do not succumb too easily or too fast to ransom demands and always seek the help of a ‘professional’ who understands the psyche of the criminals.


Source : IIPM Editorial, 2012.
An Initiative of IIPM, Malay Chaudhuri
For More IIPM Info, Visit below mentioned IIPM articles.
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Monday, January 07, 2013

LAW AND ORDER: INDIA

The legal environment reflects the larger shame of Indian venality

There is no dearth of shameful stories of negligence and corruption. The entire country was shocked when Manu Sharma, the accused in the Jessica Lal murder case, was acquitted by Delhi High Court. The accusation clearly pointed towards the Joint Police Commissioner for tampering evidence and trying to hush up the case. There was strong demand to involve CBI, but that was turned down too at that time.

CBI, too, is not beyond blame; its inefficiency was clear, for instance, in the Priyadarshini Mattoo murder case. The accused was let-off due to lack of evidence. The judge called it ‘deliberate inaction’ by the investigating agency. Then the kidney racket in Gurgaon led by Dr. Amit Kumar comes to mind. As per indications, he was tipped off by some insiders about possible police action (which helped him escape, though he was later caught). It is immaterial to call ourselves a rising superpower if we can’t provide swift, fair and efficient justice.


Source : IIPM Editorial, 2012.
An Initiative of IIPM, Malay Chaudhuri
For More IIPM Info, Visit below mentioned IIPM articles.
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Thursday, July 12, 2012

Politics - KANIMOZHI: NO BAIL

The refusal of bail to DMK leader Kanimozhi and others accused in the 2G scam by a CBI court has evoked reactions from legal eagles on whether the order violates the judicial norm of according bail to accused, once investigations are complete and trial is set to begin.

The reactions to the judgement have been mixed. President of the Janata Party Subramanian Swamy, who is also pursuing a private complaint in the 2G scam, feels the court’s decision to deny bail to the accused has set an example for future cases. Speaking exclusively to B&E, Swamy said, “The judgement will help reinforce the belief that the rule of law prevails in India even after all other agencies go soft.” A section of legal luminaries, however, feel differently. There have been some sharp reactions to the judgement, which is said to smack of judicial activism. Senior advocate Ram Jethmalani termed the judgement as ‘a destruction of the whole criminal jurisprudence’. “These judges don’t want to grant bail themselves. Possibly, they want everything to be done by the Supreme Court,” he said. Critics of the judgement maintain that there were no grounds for keeping the accused in jail as even the investigating agency CBI had not opposed the bail. Swamy, however, offers a different take. “It is unfortunate that the CBI succumbed to petty political pressures and slowly put the lid on the entire case. The judiciary has set an example with this judgement that justice can be upheld even in circumstances when all other agencies of governance fail to deliver.” According to him, given the pro-Centre functioning of the central agency, the very fact that the CBI had ‘gone soft’ after preparing a strong case suggested that the Congress was not keen in keeping the accused behind bars anymore.

According to Supreme Court advocate Kamini Jaiswal, the court judgement denying bail to Kanimozhi and the others accused in the 2G case is unfortunate. “The rule is bail and not jail. Once the charge sheet has been filed, and given that the entire case is based on documentary evidence, what is the point keeping them in jail?” Jaiswal disagrees with the court’s contention that as Kanimozhi and others accused are influential people, granting them bail might result in manipulation of witnesses and tampering of evidence. “If they are influential people, they can very well manipulate things from inside the prison,” she contends. Many others in the legal fraternity too feel that withholding bail at this stage when all documentary evidence have already been placed before the court is being unduly harsh on the defendants. These experts say that going by the law of jurispudence, which has been cited while deciding on many bail pleas, the usually expected move is bail. In this case, however, the judiciary seems to have tried to score one over the government. “It is in continuation of a trend that the SC has set for taking on the government on many issues,” says a senior lawyer on the condition of anonymity, adding that the tone of the CBI court clearly revealed that the SC was monitoring the case and the rejection of the bail plea by the trial court was in line with the earlier apex court’s decision not to grant bail to Kanimozhi and four others accused.

The judiciary has taken a particularly tough stand in this case and opinions differ on the reasons behind such a stance. However, taking a cue from the tone and tenor of the court while dealing with serious economic offences, any positive results seem unlikely for Kanimozhi, even though her defence counsel has now moved a petition in the Delhi High Court for seeking bail. The enormity of the scam is huge, and this has formed one of the major grounds for the trial court’s rejection of Kanimozhi’s bail plea so far. The higher courts may overturn Judge Saini’s order, but no one can say he did not do his best on behalf of those whose evidence will be crucial to nail the accused in the greatest financial scam in Indian history


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