Showing posts with label Law Minister. Show all posts
Showing posts with label Law Minister. Show all posts

Monday, October 8, 2012

Tatra Scam: Will Tejinder Singh influence the Law Ministry?

CBI to file chargesheet against Rishi
Neeraj Chauhan, TNN Oct 5, 2012, 03.40AM IST
NEW DELHI: The CBI will file a chargesheet against Ravi Rishi and others in the Tatra scam and finalize the enquiry into the alleged bribe offer to former Army chief General V K Singh within few weeks.
According to sources, investigation into the Tatra scam is over and the agency is awaiting the reply of the legal department on a recent presentation given by former BEML chief V R S Natarajan, who had claimed that it was a licence agreement and not transfer of technology.
About the alleged bribery offer to V K Singh by Lt Gen (retd) Tejinder Singh, CBI sources said they were taking legal opinion on the evidence collected to establish a link between Tejinder and Ravi Rishi. "We will decide whether to convert the preliminary enquiry into a regular case or not very soon," said an official. Officials said they would file a charge sheet without replies from Czech Republic and Slovakia.
CBI to file chargesheet against Rishi
Comment: Will the 3 scamsters and Conmen- Rishi, Tejinder and Natarajan be ever convicted? This is likely to take the Bofors route of intrigue- the no conviction route!

Saturday, September 15, 2012

Armed Forces Tribunal will be under Law Ministry

Paralyzed armed forces tribunal. notice to ministry of defence Kudos to Navdeep Maj Navdeep Singh who clarifies the status of the Paralyzed AFT
Armed Forces Tribunal will be under Law Ministry
Clash of interests is being cited as the main reason why this tribunal must be removed from under the Ministry of Defence.
SUMAN SHARMA NEW DELHI | 9th Sep 2012
he Armed Forces Tribunal (AFT) is all set to come under the Ministry of Law, instead of its parent body, the Ministry of Defence. The Supreme Court gave a directive to this effect in 2010 as it felt that the MoD could influence the tribunal's judgements since the latter dealt with decisions pertaining to the ministry. To ensure that fair judgements were given, the Supreme Court, in fact, directed that the administrative control of the AFT and all other tribunals should not be under their parent ministries. It recommended that the tribunals should be placed under one single nodal department, preferably the Department of Legal Affairs.
The SC directive has been under consideration ever since. But the matter got a fresh lease of life with Law Minister Salman Khurshid's recent statement in Parliament that the government was looking at the possibility of removing these tribunals from under their parent ministries and putting them under the Ministry of Law.
Clash of interests is the main reason why these tribunals need to be removed from under their parent ministries. To give an instance, the members comprising the AFT use the various facilities offered by the MoD, but are also required to pass orders against the ministry in the cases coming to them. An RTI query by a retired army officer revealed that the MoD funded AFT chairperson A.K. Mathur's foreign trips worth lakhs of rupees. The AFT also makes use of the infrastructure offered by the MoD to function: the land on which the AFTs are constructed is given by the MoD. The ministry gives the AFT members facilities such as the CSD (Canteen Stores Depot) cards. These are canteen cards that can be used to procure grocery and other household items at subsidised rates from all military canteens.
A senior retired army officer working as an administrative member at one of the AFT benches told this newspaper, "The AFTs should be under the Ministry of Law so that they can give fair judgements. Litigants are always afraid that fairness will go missing as the AFTs function from MoD land and do not have their own premises. Funds for the AFTs are also sanctioned through the MoD. The CSD cards given to the members are actually a privilege."
The Armed Forces Tribunal enjoys the status of a High Court, and came into being in 2009. Each court consists of a judicial member and an administrative member. The administrative member of an AFT is always a retired senior officer, usually a three-star officer. A source told this newspaper, "These retired officers usually know the applicants approaching the Tribunal. This increases the chances of the Tribunal's decisions being influenced. So their decisions are unlikely to be fair. This debate to delink the AFT from the administrative powers of the MoD has been going on for a long time."
Armed Forces Tribunal will be under Law Ministry

Sunday, September 9, 2012

IESM: Government continues to be a compulsive litigant

Date: 28 May, 2012
To
Sh. Salman Khurshid
Union Cabinet Minister, Law and Justice.
4, Kushak Road, New Delhi - 110 011
GOVT MUST CEASE TO BE COMPULSIVE LITIGANT: PLEA TO SC FOR RECALL OF ITS ORDER IN RANK PAY CASE TO DEFENCE OFFICERS IS FRIVOLOUS
Honorable Shri Salman Khurshid Jee,
1. Please refer to our letter dated 30 April 2012.
2. We have not received any response from your good self. We are your former soldiers who have been denied Justice for a long time. I am tempted to remind you for your indulgence and positive response. I have been watching your responses on TV debates on various issues and find that you have the requisite depth of personality and compassion and I am sure you will consider our suggestion accordingly.
3. May we request you to kindly consider the issue raised by with your appropriate response please.
With Regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian Ex Servicemen Movement
Related reading
OROP: According to calculations done by the military, the annual outgo for granting one-rank-one-pension to the approximately 21 lakh ex-servicemen would not be more than Rs. 1300 crores.
Defence Want One-Rank-One-Pension: WILL PM SINGH BITE THE BULLET?…
MoD's farewell to welfare
Instead of safeguarding the welfare of retired soldiers, ministry effectively holds off payment until an ex-serviceman claimant is either dead or broke- Ajai Shukla / New Delhi Feb 21, 2012, 00:26 IST
MOD's Farewell to Welfare

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