CBI told the high court that it would file a charge-sheet against four RPF personnel by 31st January during the hearing of a PIL filed by social activist Samir Zaveri
Mumbai: The Central Bureau of Investigation (CBI) on Tuesday told the Bombay High Court that it would file a charge-sheet against four Railway Protection Force (RPF) personnel by 31st January for their involvement in the fake bail bond scam at suburban Kurla railway station, reports PTI.
A division bench of justices AM Khanwilkar and KK Tated was hearing a public interest litigation filed by social activist Samir Zaveri alleging that certain RPF personnel were releasing persons booked for trespassing and crossing railway tracks on fake cash bail bonds.
The court had last year transferred probe in the case to CBI.
Additional solicitor general Kevic Setalvad, appearing for the CBI, today told the court that 23 RPF personnel have been identified as being involved in the scam.
“The investigating agency has sufficient evidence against nine officials who are the main accused. Out of the nine, sanction for prosecution needs to be taken from the government for five officers. Charge-sheet against the remaining four will be filed by 31st January,” he said.
Accepting the statement, the bench asked CBI to file proposals for sanction of prosecution of the five officers immediately and directed the government to decide the proposals expeditiously.
The agency, after getting sanctions, will file supplementary charge-sheets.
In his PIL, Zaveri had alleged that a head constable acted as a magistrate and granted bail to the alleged offenders and the money collected was misappropriated by the RPF personnel themselves.
Patience amongst Marico shareholders for the Kaya business to break even was running out and the vertical slicing of Marico should provide some respite
After more than a deacde of losses, Marico has decided to cut loose Kaya, the “skin care solutions company”. Marico Kaya Enterprises (MaKE, to be formed). will run the Kaya beauty and wellness chain and will be a separately listed. The appointed date of the demerger is 1 April 2013. It may take about six months to obtain the necessary approvals and complete all formalities, the company said in a statement. Following the demerger, the shareholders of Marico will get one share of Marico Kaya Enterprises with a face value of Rs10 each to be issued at a premium of Rs200 per share for every 50 shares of Marico with a face value of Re1 each.
“This corporate restructuring will lead to enhanced shareholder value through sharper focus and greater energy across both organizations and businesses,” Marico said in the release. Unfortunately, the current proposal does not give an option to minority shareholders in Marico not to participate in the MaKE business, according to the analysts in Espirito Santo Securities. Kaya has tried several measures to break even and the analysts were not enthused by the Kaya business. It is believed that a further cash infusion (or strategic investor) might be required in the MaKE business before it can turn into a sustainable business model.
The shareholding structure of the to-be listed MaKE business will mirror the shareholding structure of Marico on the date of the demerger, with no holding from the current listed FMCG (fast moving consumer goods) business.
The Marico share, after the demerger, is not considered to be an attractive buy by Espirito Santo, and it maintains a ‘sell’ rating.
The accumulated losses of Kaya since inception in FY 2003 are estimated to be Rs145 crore in comparison to the existing direct capital employed by the Marico group in the Kaya business of Rs179 crore.
This case reveals how government agencies take away livelihoods of people without bothering about compensating the affected. This is the 19th in a series of important judgements given by Shailesh Gandhi, former CIC, that can be used or quoted in an RTI application
The divisional commissioner of the National Capital Territory (NCT) of New Delhi was directed by the Central Information Commission (CIC) to ensure that details of compensation and rehabilitation to the affected persons who have been displaced must be made available at least on the website. While giving this important judgement, Shailesh Gandhi, former Central Information Commissioner, asked the divisional commissioner to also ensure that information about how the appellant could get the compensation for his loss is communicated to him.
“The Divisional Commissioner, Govt. of NCT of Delhi is directed to ensure that the details mentioned above are communicated to the appellant before 15 June 2009. The Public Authority will also ensure that in compliance with Section 4 requirements details of the project affected persons and the rehabilitation due to them is made available suo moto before 15 August 2009,” the Commission said in its order dated 27 May 2009.
Delhi resident Sunil Kant, on 5 January 2009, sought information from the Public Information Officer (PIO) of the Land & Building Department, Government of NCT Delhi about his land, compensation and rehabilitation. He sought information regarding his land, requisition of which has been done by Delhi Metro Rail Corporation (DMRC) due to which he was forced to live without any source of livelihood. He has asked that when and what amount will be given to him as compensation and where will he be rehabilitated. He has said that his land was under Delhi Development Authority (DDA) after 1947 and later acquired by DMRC for construction.
The PIO did not even reply. Sunil Kant, then approached the First Appellate Authority (FAA). In its order issued on 13 March 2009, the FAA asked the PIO to inform the appellant (Kant) about the status of the action taken on the said representation along with copy of policy of rehabilitation within a period of 15 days receipt of these orders.
After the order from FAA, the PIO gave a copy of the policy for the rehabilitation of Metro Project Affected Persons. Not satisfied with this, Sunil Kant then approached the Commission.
During the hearing before the CIC, he stated that he had a 100 sq yard shop where he was running tailoring shop and a barber shop. He said he has been displaced from there on 6 June 2008 and is running from pillar to post.
Mr Gandhi noted that the appellant is not a well-educated person and has been deprived from his livelihood. “It is a sad comment that a law abiding citizen is deprived of his property and livelihood by a government without being given alternate place and compensation,” he observed.
The Commission in its order issued on 27 May 2009, said, “A modus operandi of this nature, apart from depriving a citizen of his fundamental rights does not do credit to any state which claims to be following the rule of law. The PIO states he is helpless since the government has not fixed any method to provide rehabilitation to such citizens.”
Mr Gandhi then directed the divisional commissioner of the Govt of NCT of Delhi to ensure that details of compensation and rehabilitation to the affected persons who have been displaced in this manner must be made available at least on the website and also to make sure that the appellant receives information about how he could get compensation for his loss.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/A/2009/000734/3446
Appeal No. CIC/SG/A/2009/000734
Appellant : Sunil Kant
Respondent : The Deputy Secretary (LA/PIO)
Land & Building Department,
GNCTD, IP Estate,