Terming Janata Party president Subramanian Swamy's plea for prosecuting A Raja in the 2G spectrum case as "misconceived and premature", government on Tuesday told the Supreme Court that the sanction had been sought even before a complaint was filed in a court.
"There is no question of consideration of sanction when no complaint was filed at all. It is settled law that there is no question of sanction merely on the institution of the compliant," Attorney General GE Vahanvati told a bench of justices GS Singhvi and AK Ganguly.
"Till date, the petitioner (Swamy) has not even filed a complaint in the competent court and in such circumstances, the question of sanction cannot and does not arise," he contended.
Vahanvati made the submissions during the hearing by the apex court of Swamy's petition seeking the court's direction to Prime Minister Manmohan Singh to grant sanction to prosecute Raja, who has resigned as Telecom Minister following the controversy over spectrum allocation.
The government's senior-most law officer said the request "made by Swamy in his letter dated November 29, 2008 was entirely misconceived. A petitioner sought sanction for prosecution even without filing a complaint before the competent court."
He said the stage for grant of sanction is when the court wants to consider the question of whether to take cognisance of a complaint.
Explaining that the process of taking cognisance is different from initiation of proceedings, the law officer said, "The cognisance is the condition precedent to the initiation of proceedings by the magistrate or the judge.
"Cognisance is taken of cases and not of persons. In other words, cognisance means the judicial hearing of the matter," the Attorney General argued.
Thus, no question of taking cognisance arises unless there is a complaint before the court, Vahanvati said, adding before taking cognisance, the accused can contend that sanction is required and if so the magistrate before taking cognisance must call for sanction.
Vahanvati said there is no question of taking cognisance in absence of a complaint before a court and unless the court has applied its judicial mind to the complaint.
Tuesday, November 23, 2010
Thursday, June 24, 2010
Jaswant back in BJP , But still he stands himself on the issues which led to his explusion..Isn't it funny??
It's official. Ten months after he was expelled by the BJP for complimenting Muhammad Ali Jinnah in his book, Jaswant Singh has been welcomed back to the mother ship.
Speaking exclusively about his return to the BJP fold, Singh stressed that "I cannot disown the book on Jinnah... historical facts about Jinnah can't be wished away just because we disagree." He also said he stands by his controversial remarks in an interviews last year about Hindutva and the BJP.
For now, though, the emphasis, as far as the BJP was concerned, is that the troubled past has been put to rest.
"It's a gr8 day of great happiness for all of us," said party president, Nitin Gadkari, flanked by Jaswant Singh and senior leader LK Advani. "I look forward to his attendance at every party meeting," Gadkari added. "With happiness, there is a sense of relief," said Advani.
Recalling his expulsion from the party at its 'Chintan Baithak' in Shimla in August last year, Singh said, "My hurt and humiliation has been addressed by Advani... I express my great gratitude to Advani who took the initiative some months back. He telephoned me and asked if I would speak to him... I was humbled by that... then he asked if I would meet with him... he said we would treat this chapter as closed."
Another closed chapter: The Kandahar controversy.
The relationship between Singh and Advani entered its darkest chapter in August last year. Two days after his expulsion, Singh virtually accused Advani of lying about his role in the Kandahar crisis in 1999.
In that interview, Singh reconstructed the events that led to India swapping three Pakistani terrorists for 160 hostages on an Indian Airlines flight in 1999. IC-814 was hijacked on its way from Kathmandu to Delhi. At that time, Advani was India's Home Minister and Singh was the External Affairs Minister. Advani had always maintained that he was not aware that Singh had been authorised to fly to Kandahar to release the terrorists. Challenging that view, Singh said "How can they (terrorists) be released from prison without the Home Minister consenting and signing pieces of paper." When asked why he had not contradicted Advani earlier, Singh said, in that same interview, "I covered for him as a colleague".
Well i really don't know where the BJP is Heading towards.They are really not sure of what the want to do...
Speaking exclusively about his return to the BJP fold, Singh stressed that "I cannot disown the book on Jinnah... historical facts about Jinnah can't be wished away just because we disagree." He also said he stands by his controversial remarks in an interviews last year about Hindutva and the BJP.
For now, though, the emphasis, as far as the BJP was concerned, is that the troubled past has been put to rest.
"It's a gr8 day of great happiness for all of us," said party president, Nitin Gadkari, flanked by Jaswant Singh and senior leader LK Advani. "I look forward to his attendance at every party meeting," Gadkari added. "With happiness, there is a sense of relief," said Advani.
Recalling his expulsion from the party at its 'Chintan Baithak' in Shimla in August last year, Singh said, "My hurt and humiliation has been addressed by Advani... I express my great gratitude to Advani who took the initiative some months back. He telephoned me and asked if I would speak to him... I was humbled by that... then he asked if I would meet with him... he said we would treat this chapter as closed."
Another closed chapter: The Kandahar controversy.
The relationship between Singh and Advani entered its darkest chapter in August last year. Two days after his expulsion, Singh virtually accused Advani of lying about his role in the Kandahar crisis in 1999.
In that interview, Singh reconstructed the events that led to India swapping three Pakistani terrorists for 160 hostages on an Indian Airlines flight in 1999. IC-814 was hijacked on its way from Kathmandu to Delhi. At that time, Advani was India's Home Minister and Singh was the External Affairs Minister. Advani had always maintained that he was not aware that Singh had been authorised to fly to Kandahar to release the terrorists. Challenging that view, Singh said "How can they (terrorists) be released from prison without the Home Minister consenting and signing pieces of paper." When asked why he had not contradicted Advani earlier, Singh said, in that same interview, "I covered for him as a colleague".
Well i really don't know where the BJP is Heading towards.They are really not sure of what the want to do...
Wednesday, June 23, 2010
Bhopal gas tragedy: Cabinet to discuss Group of Ministers (GoM) report today
The Union Cabinet will discuss the report of the Group of Ministers (GoM) on the Bhopal gas disaster on Thursday, a day ahead than originally planned.
The GoM, headed by Home Minister P Chidambaram, assigned to study the different dimensions of the Bhopal tragedy and the aftermath of a court verdict delivered earlier this month finalized its recommendations for the Prime Minister on Monday.
The report recommended enhanced compensation to the victims under a Rs 1,500 crore package.
In 1989, the government accepted a settlement from Carbide that allowed 500 dollars for each person who died. To make up for that, the GoM suggested Rs 10 lakh as compensation for every person who died --- on record, the toll is 15,000 so far. Those permanently disabled by the gas leak at the Union Carbide plant in 1984 get Rs five lakh. However, any compensation already paid, will be deducted, and no new claims will be considered. The Centre will fund this compensation.
The Cabinet is also likely to take a decision on pursuing fresh efforts to seek extradition of Warren Anderson, who was the American CEO of Carbide in 1984. He has ignored a series of court summons to stand trial in India.
The GoM has also recommended filing of a curative petition in the Supreme Court against dilution of charges against the accused.
The report also looks at Dow and their liability in Bhopal case. The Cabinet will take a call on pushing Dow to pay for the damages and to take responsibility for the clean-up.
The GoM was set up earlier this month after a Bhopal court delivered a verdict that shocked India: two years in prison for seven Indians who were Carbide executives at the time of the tragedy. They were granted bail immediately.
well thats the fate .the worst effected people from the said tragedy are still waiting for justice after so long time.
The GoM, headed by Home Minister P Chidambaram, assigned to study the different dimensions of the Bhopal tragedy and the aftermath of a court verdict delivered earlier this month finalized its recommendations for the Prime Minister on Monday.
The report recommended enhanced compensation to the victims under a Rs 1,500 crore package.
In 1989, the government accepted a settlement from Carbide that allowed 500 dollars for each person who died. To make up for that, the GoM suggested Rs 10 lakh as compensation for every person who died --- on record, the toll is 15,000 so far. Those permanently disabled by the gas leak at the Union Carbide plant in 1984 get Rs five lakh. However, any compensation already paid, will be deducted, and no new claims will be considered. The Centre will fund this compensation.
The Cabinet is also likely to take a decision on pursuing fresh efforts to seek extradition of Warren Anderson, who was the American CEO of Carbide in 1984. He has ignored a series of court summons to stand trial in India.
The GoM has also recommended filing of a curative petition in the Supreme Court against dilution of charges against the accused.
The report also looks at Dow and their liability in Bhopal case. The Cabinet will take a call on pushing Dow to pay for the damages and to take responsibility for the clean-up.
The GoM was set up earlier this month after a Bhopal court delivered a verdict that shocked India: two years in prison for seven Indians who were Carbide executives at the time of the tragedy. They were granted bail immediately.
well thats the fate .the worst effected people from the said tragedy are still waiting for justice after so long time.
Yet another Railway Scam....Where is India Going??
The Central Bureau of Investigation on Friday brought to light a huge scam linked with railways recruitment which exposed the big shots of the Railway Recruitment Board.
The police held up the son of Railway Recruitment Board chairman, S M Sharma, Additional Divisional Railway Manager (ADRM), A K Jagannathan and his son along with five others. These people pocketed crores of illegal money by leaking question papers and selling them. It is also alleged that S M Sharma’s son even bought a Mitsubishi Pajero with the money.
The Railway Recruitment Boards recruits 50,000 employees throughout India which includes guards, drivers and assistant station masters. Leaking question paper means appointment of degraded employees that too in an important sector where safety of the passengers cannot be compromised.
The Mumbai Railway Recruitment Board scam directly indicates that the system has loopholes aiding corruption and the system needs further revamping.
comeon lets be together and make the society a better place to live in and make the society free from the untolerable poltics who work for their personnel interests.Please guys its high time speak and fight against all these ill practices.
The police held up the son of Railway Recruitment Board chairman, S M Sharma, Additional Divisional Railway Manager (ADRM), A K Jagannathan and his son along with five others. These people pocketed crores of illegal money by leaking question papers and selling them. It is also alleged that S M Sharma’s son even bought a Mitsubishi Pajero with the money.
The Railway Recruitment Boards recruits 50,000 employees throughout India which includes guards, drivers and assistant station masters. Leaking question paper means appointment of degraded employees that too in an important sector where safety of the passengers cannot be compromised.
The Mumbai Railway Recruitment Board scam directly indicates that the system has loopholes aiding corruption and the system needs further revamping.
comeon lets be together and make the society a better place to live in and make the society free from the untolerable poltics who work for their personnel interests.Please guys its high time speak and fight against all these ill practices.
Tuesday, May 18, 2010
Does Vote Bank Mean Everything To Political Parties???
This question comes into mind of every true Indian if i am not wrong but what the exact answer is????
Well to my believe i have few points in my mind which completely goes in favour of the above asked question.Yes, vote bank is every thing to political parties.Government of different states in india have never been harsh to the extremists which in turn allows those people to kill the innocent people to oppose government.Well the only thing which stops the government from the extreme steps is that there lies a huge vote bank for these political parties in extremist areas.I wonder why can't a country with lakhs of army and other military forces cant handle or over power these 20000 or say 30000 odd extremists, well the only answer i have is government doesn't want to do so in interest of their vote banks....
Well i could only alert government to come above the vote bank politic and work for the betterment of the country.
In another incidence in north india a famous political party is always busy blaming the previous government for every aspect and itself doing nothing for the state.The said Government is blaming the previous government for power crises that they didn't install any power plant in their full tenure ,but the funniest thing is that the present government was itself in power for the tenure of full 5 years before the previous government . Now the Question is what the Hell the present Government did in their tenure those 5 years????????????
Well Please the present government PLZZZZZZZZZZZ rise above all this do something for Your state plzzzzzzzzzzzzzz........
Well to my believe i have few points in my mind which completely goes in favour of the above asked question.Yes, vote bank is every thing to political parties.Government of different states in india have never been harsh to the extremists which in turn allows those people to kill the innocent people to oppose government.Well the only thing which stops the government from the extreme steps is that there lies a huge vote bank for these political parties in extremist areas.I wonder why can't a country with lakhs of army and other military forces cant handle or over power these 20000 or say 30000 odd extremists, well the only answer i have is government doesn't want to do so in interest of their vote banks....
Well i could only alert government to come above the vote bank politic and work for the betterment of the country.
In another incidence in north india a famous political party is always busy blaming the previous government for every aspect and itself doing nothing for the state.The said Government is blaming the previous government for power crises that they didn't install any power plant in their full tenure ,but the funniest thing is that the present government was itself in power for the tenure of full 5 years before the previous government . Now the Question is what the Hell the present Government did in their tenure those 5 years????????????
Well Please the present government PLZZZZZZZZZZZ rise above all this do something for Your state plzzzzzzzzzzzzzz........
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