| Author | Message | ||
     Kukatpally Side Hero Username: Kukatpally Post Number: 3362 Registered: 06-2008 Posted From: 57.69.14.65 Rating: |
courts ki yem telusehe... ask Jaggad fans who to prosecute and who to execute | ||
| Lolligadu Side Hero Username: Lolligadu Post Number: 2522 Registered: 09-2012 Posted From: 216.172.147.15 Rating: N/A |
http://i.imgur.com/T29HFb0.jpg The Business Tree that Gives and... Companies run by family members of some politicians are like every other company. And they are not, as these four practices that run through their businesses and have aided their meteoric rise show. John Samuel Raja D reports Talk about business growth and opportunity. In the last five years, Theon Pharmaceuticals, controlled by the immediate family of former railways minister Pawan Kumar Bansal, has increased in size from 15 crore to 152 crore. Elsewhere, in the same period, 757 crore of cash has come into seven companies owned by Anand Kumar, the brother of former Uttar Pradesh chief minister Mayawati. Robert Vadra, the son-in-law of Congress president Sonia Gandhi, has quietly assembled a real estate business estimated in the region of about 300 crore. And YS Jaganmohan Reddy, son of the late Andhra Pradesh Congress leader YSR Reddy, has seen his wealth increase six-fold, to 446 crore, in the space of just two years. These are growth rates that would make even a blue-blooded corporate go green with envy. In times that have been tough and trying, these four blueblooded family members of politicians in power have built businesses from scratch. These companies are like every other company. And they are not, as these four business practices, which have aided their meteoric rise, show. THEY HAVE BEEN SELLING SHARES AT BIG PREMIUMS Robert Vadra aside, the others have been selling shares in their fledgling companies to outside investors at a premiumâusually heftyâeven as the promoters themselves subscribe at par value. Thus, the promoters are able to pump cash from external sources into the company without diluting their equity stake much. The most recent case is that of a company promoted by the family members of Pawan Kumar Bansal, the former railways minister who resigned earlier this month following corruption charges against one of his nephews. Company filings with the Ministry of Company Affairs (MCA) show that in March 2011, the board of Mirage Infra passed a resolution to issue 4,000 shares to a non-promoter shareholder, Rajeev Garg, at a premium of 990 per share, which brought in 40 lakh into the company. However, a year later, in March 2012, the Mirage board approved the issuance of 46,000 shares at their par value of 10 each to three family members of Bansalâs extended family. Pawan Kumar Bansal declined to respond to a questionnaire sent to his office. Similarly, companies owned by Anand Kumar, Mayawatiâs brother, have received huge capital infusions by issuing shares to outside investors. ET was the first to report this, in January 2013. For example, DLA Infrastructure, which had a net profit of 2.2 crore in 2009-10, garnered 100 crore by selling its shares at a premium. Another company, Dia Realtors, with a net profit of 4.5 crore in 2011-12, collected 71 crore. The sale of shares at a premium is one of the ways in which 757 crore of cash came into seven companies owned by the 37-year-old Kumar when Mayawati was the chief minister of UP between 2007 and 2012. MCA filings show that another 346 crore came from the sale of investments (which were not disclosed) and 12.7 crore from advances received from third-parties that were forfeited. ET could not reach Ambeth Rajan, who handles media queries for Anand Kumar, on his mobile or landline numbers. The issuance of shares at hefty premiums forms a central part of the disproportionate assets case made out by Indiaâs premier investigating agency against YS Jaganmohan Reddy. In one of the charge-sheets against Jagan Reddy, the Central Bureau of Investigation (CBI) describes these âinvestments as part of quid pro quo arrangement for the largesse and the benefit obtained by the investorsâ. Jagan Reddy, while filing his nomination papers for the 2011 Lok Sabha elections, disclosed that his personal wealth had shot up six-fold in two years, from 73 crore to 446 crore. The filings showed that three-fourth of his wealth was derived from share ownership, in particular in Bharathi Cement Corporation, a company in which he held majority shareholding for a few years. MCA filings by Bharathi Cement for the last six years show that eight outside investors, including Dalmia Cement (Bharat) and India Cements, bought shares at a huge premium, while Jagan Reddy and his family members subscribed to the same at par. As per calculations done by ET, these eight investors invested at least 142 crore by subscribing to 0% preference shares, paying between 90 and 1,440 per share, between April 2007 and March 2008. Two months before external investors started investing, Jagan Reddy picked up 30 million shares at 10 per share, paying 30 crore. As a result of these transactions, Jagan, along with his relations, held near 100% of Bharathi Cement, while outside investors âwho brought in at least 4.5 times more than Jagan Reddy âhave no stake as their preference shares have no voting rights. âBy the time outside investors came in to invest in Bharathi Cement, the promoters had already done a lot of work and invested a lot into the company,â argues Madhulika Chavva Reddy, spokesperson for YSR Congress Party, which is headed by Jagan Reddy. âThe project already had all the permissions along with the entire land, what is private land was also procured from farmers, loans were sanctioned and the project was in the construction stage. Moreover, the investors who came in were only investors, they did not sign any corporate guarantees to the bank. The rest was totally Mr Jaganâs.â The CBI, in its chargesheet, has alleged that a similar transaction took place in Jagati Publications Pvt Ltd, which runs the print operations of the Sakshi Group, owned by Jagan Reddy. Its chargesheet says that outside investors invested 1,246 crore over two years in Jagati, at 350 per share, and benefited from the decisions taken by the Andhra Pradesh government when his father was at its helm. âThere are no complaints that Mr Jagan has either siphoned or misappropriated the premium amount in the companies,â says Madhulika Chavva Reddy. THEY ARE INCLINED TOWARDS REAL ESTATE Real estate seems to be the most popular business area, with Vadra, the extended Bansal family and Anand Kumar all expanding their presence in the sector at a brisk pace. In the last five years, for example, Vadra has been buyingâand sometimes selling âland, and has also diversified into building housing projects, and in developing and managing hotels. ET was the first to report this, in March 2011. An October 2012 article in the Economic & Political Weekly, titled âWhere Do Indian Billionaires Get Their Wealth?â, pointed out that the primary source of wealth of 20 of 46 Indiaâs billionaires in 2012, as listed by Forbes magazine, was ârent-thickâ sectors. This paper by Aditi Gandhi of the Centre for Policy Research and Michael Walton of Kennedy School of Government, Harvard University, termed seven sectors âreal estate, construction, infrastructure, ports, media, cement and mining âas ârent thick because of the pervasive role of the state in giving licences, reputations of illegality, or information on monopolistic practicesâ. In October 2012, Arvind Kejriwal, founder of the Aam Aadmi Party (AAP), had alleged that DLF, the countryâs largest real estate developer, had given companies owned by Vadra an interest-free loan of 65 crore and heavy bargains on land in exchange for political favours. Refuting those allegations, DLF had said then that these were not loans, but advances to buy land in Manesar and Faridabad. Subsequently, in one transaction, a Vadra company bought 3.53 acres of land from farmers for 7.5 crore in February 2008. In less than four months, it obtained a licence to change the land use to build residential houses, and sold the land to DLF for 58 crore. Vadra did not reply to an email questionnaire sent to Vadraâs personal secretary, Manoj Arora, on May 16. THEY HAVE DEALINGS WITH BIG COMPANIES This transaction is not the only one between these fledgling companies, trying to find their feet in business, and established companies. DLF also gave Vadra a 50% stake for 35 crore in its hotel joint venture in October 2009, and has since done three transactions worth 446 crore with it. Similarly, two close associates of Anand Kumar had links to a business group, Carnoustie Management, in which DLF and Unitech invested 6 crore and 335 crore, respectively, between 2010 and 2012. Both DLF and Unitech have said these investments were part of their normal business transactions. Even Theon Pharmacenticals, which does contract manufacturing from its plant in Baddi, Himachal Pradesh, counts Ranbaxy, Cipla, Piramal, Mankind and Torrent as its clients in its MCA filings. Theon is owned by Bansalâs wife, Madhu, and their two sons, Amit and Manish. The company has seen its turnover rocket from 15 crore in 2007-08 to 152 crore in 2011-12. THEY HAVE RECEIVED LOANS ON GENEROUS TERMS One factor in Theonâs meteoric rise â which began soon after Bansalâs first appointment in the UPA government in January 2006 âis the availability of funding. Theon secured a loan of 60 crore from Canara Bank in 2007, when Bansal was the minister of state for finance in the UPA-I government in charge of banking and insurance. The BJP has alleged the loans were extended to Theon after Bansal cleared the appointment of Sunil Kumar Gupta, a chartered accountant who was the auditor to several companies owned by the Bansal clan, as a director in Canara Bank. The bank also loaned 40 crore to Mirage Infra, a company in which Bansalâs nephew Vijay Singla is a director, in 2008 despite it not having any running business. Gupta told The Times of India that he had limited powers to sanction any loan for the companies. âFirst, I was a non-official director and then a shareholder director. These profiles have limited powers. As far as conflict of interest is concerned, my wife and I are not at least auditing the same firm. The question must be asked to the promoters why they were interested in making us directors,â he said. | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 744 Registered: 01-2013 Posted From: 183.90.115.251 Rating: N/A |
Inkaa meeru Yenni sarlu bhukayinchinaa prajalandariki thelisindi Babu gari chalava tho Ki Ku Re govt nettukosthunnadani state motham choosthunnaru okka no-confidence motion tho. Intha kante babu gari ki option kooda ledu . Ippude elections ki velthe mallee deposit losslu guarantee ani decide ayi "mosthunnadu mee kosam "  | ||
| Bose Junior Artist Username: Bose Post Number: 908 Registered: 06-2012 Posted From: 183.83.32.149 Rating: N/A |
ade dream machine illusions.. Jai TDP ... Jai CBN... Johar NTR | ||
| Bose Junior Artist Username: Bose Post Number: 907 Registered: 06-2012 Posted From: 183.83.32.149 Rating: N/A |
i mean meeru choinchina proof lone undhi tdp party line..nee istam vachinatlu yenni matalu anna  cong ane maata whip lo unte raa disc ki lekapothe  Jai TDP ... Jai CBN... Johar NTR | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 743 Registered: 01-2013 Posted From: 183.90.115.251 Rating: N/A |
Chivariki mee Whip Narendra speaker ki compliant chesindendayya ante " Congress governmnet ki vyathirekam gaa vote vesinanduku maa MLAs ni suspend cheyandi"  | ||
| Funny Side Hero Username: Funny Post Number: 4386 Registered: 08-2008 Posted From: 66.25.0.11 Rating: |
Deenemma jeevitham...J ni prosecute cheyali ante Pandora planet nunchi ntiri amma nannalani teesuku raavali inka Take it easy | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 742 Registered: 01-2013 Posted From: 183.90.115.251 Rating: N/A |
Nuvvu choopinchidi proofs aa? Inka comedy cover drives aapesey bosu. Akkada mee party badha yenta? Government ki FOR gaa kani, ANTI gaa kani vote vesina vallaki suspension. Opposition party ayi vundi...government ki ANTI gaa vote vessinanduku suspend cheyandi ani speaker ki compliant ichavu. Idhi saripodhu. Deenni cover chesukovdaniki meeru paduthunna thantaalu...ini anni kaavu gaa....  | ||
| Bose Junior Artist Username: Bose Post Number: 906 Registered: 06-2012 Posted From: 183.83.32.149 Rating: N/A |
inni vankarlu thirigav..chivariki proofs chooinchaka ila..  thattukolekapothunam abba ee self goals Jai TDP ... Jai CBN... Johar NTR | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 741 Registered: 01-2013 Posted From: 183.90.115.251 Rating: N/A |
Nijam gaane mana opposition vallu pedha NEUTRALS ani prove chesaaru. | ||
| Scorpio Side Hero Username: Scorpio Post Number: 5272 Registered: 09-2008 Posted From: 63.250.231.146 Rating: N/A |
ayina idi raasindi Murthy ee na? Murthy manchodu ayithe migatha staff antha manchollu undaalani leduga...  Every news paper is publishing paid articles in India now. Jagan's money @work... తెలుగుదేశం పిలుస్తోంది, రా...కదలి రా.. | ||
| Megastar Username: Twitter Post Number: 27036 Registered: 10-2009 Posted From: 199.67.140.46 Rating: N/A |
Rann lo amithab lanti RCMurthy ki Jai (sudeep) lanti son undi undocchu kikki | ||
| Bose Junior Artist Username: Bose Post Number: 905 Registered: 06-2012 Posted From: 183.83.32.149 Rating: N/A |
ade link lo idi undhi..idi party line. Sarigga sadavi matladandi dreams lo nundi bayataki vachi  "The main opposition TDP remained neutral and the total number of neutral MLAs was 64" Jai TDP ... Jai CBN... Johar NTR | ||
| Bose Junior Artist Username: Bose Post Number: 904 Registered: 06-2012 Posted From: 183.83.32.149 Rating: N/A |
yekada ..nee oohalokam lona...dream machine lo yekkesi natlunav..party line in official whip cheppamante yededho choopedutunav..yededo anesukuntunav Jai TDP ... Jai CBN... Johar NTR | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 740 Registered: 01-2013 Posted From: 183.90.115.251 Rating: N/A |
Congress lo Merge chesey Megastar laa ante... Dobbeyyandra annadu. "No Bail" ani vallantunnaru. Ayinaa " Mosthunnaa meekosam" antu Babu lanti opposition leader undagaa yeppudo 2014 gurinchi vallakenduku thondara. | ||
| Mastreo420 Side Hero Username: Mastreo420 Post Number: 2569 Registered: 11-2011 Posted From: 72.183.110.176 Rating: N/A |
Jagadu and his Whole family support chesthamu congress ki anna chal dobbeyi annaru akkada.... Inka enni sarlu cheptharu .. Memu congress ke chesthamu ... TARAK!!! | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 738 Registered: 01-2013 Posted From: 183.90.115.251 Rating: N/A |
Ikkada party line ante... Ki Ku Re government ni save cheyadam. | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 737 Registered: 01-2013 Posted From: 183.90.115.251 Rating: N/A |
Congress government meeda pettina no-confidence ki support chesthe suspend chestham ani cheppaleda? Assembly saakshi gaa jarigina daaniki mallee proofs kavala? Indha... http://www.indiatvnews.com/politics/national/congress-tdp-to -seek-disqualification-of-rebel-mlas-8939.html " Ruling Congress and main Opposition Telugu Desam Party are set to crack the whip on "rebel" MLAs, who voted in favour of the no-confidence motion against the Kiran Kumar Reddy government in Andhra Pradesh late last night." "We will seek disqualification of these MLAs for having defied the party line," the Congress and the TDP announced today. } | ||
| New_user Megastar Username: New_user Post Number: 24380 Registered: 02-2008 Posted From: 173.19.21.238 Rating: N/A |
"Avrajesh: Delhi valla bootlicking" Vidheyulam ani full page ads veyinchindi, evaru, ki ki ki.... Pulpfiction: Jagan ni thidithey Modi kaaadhu Gandhi ni koodaaa vodhalanu. Post # 22902. | ||
| Bose Junior Artist Username: Bose Post Number: 902 Registered: 06-2012 Posted From: 203.11.131.82 Rating: N/A |
proof choopinchu..cong ane maata whip lo undhi ani or esle mee sakshi thadika ani maro sari proved Jai TDP ... Jai CBN... Johar NTR | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 736 Registered: 01-2013 Posted From: 183.90.115.251 Rating: N/A |
Assembly saakshi gaa WHIP jaari chesaadu..."Congress ki vyathirekam gaa vote vesthe suspend chestham.. jagratha " ani... | ||
| Bose Junior Artist Username: Bose Post Number: 901 Registered: 06-2012 Posted From: 203.11.131.82 Rating: N/A |
public ga licking sesad jagan - NDTV interview lo UPA ki support chestham ani Jai TDP ... Jai CBN... Johar NTR | ||
| New_user Megastar Username: New_user Post Number: 24379 Registered: 02-2008 Posted From: 173.19.21.238 Rating: |
Broker and Loafers belong to jail, ki ki ki... Akkade unnaru. Pulpfiction: Jagan ni thidithey Modi kaaadhu Gandhi ni koodaaa vodhalanu. Post # 22902. | ||
| Pulpfiction Megastar Username: Pulpfiction Post Number: 23967 Registered: 02-2009 Posted From: 122.169.230.1 Rating: N/A |
hans is paid site aaa ? mari eenaadu enti ? BROKER LOFER site aaa ? Kasi,Nibadhdhatha,God's Blessings. | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 735 Registered: 01-2013 Posted From: 203.117.37.213 Rating: N/A |
Meeru matram thatha gari Maha thadaaka , exit poll expert ABN follow ayipondi. Asalu time bokka undadu. | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 734 Registered: 01-2013 Posted From: 203.117.37.213 Rating: |
Siggu, saram gurinchi Delhi valla bootlicking Babu gari fans cheppali mari | ||
| Onlytruth Legend Username: Onlytruth Post Number: 118823 Registered: 01-2007 Posted From: 98.226.57.134 Rating: |
6 months ago mee paid site lo vachina gajji article ...tees pakkkana dobbuuuu time bokka ive arguments supremecourt lo twice later u argued and court kicked on ur asses...tiraga siggu lekundaa vestaaru | ||
| New_user Megastar Username: New_user Post Number: 24378 Registered: 02-2008 Posted From: 173.19.21.238 Rating: |
Jagan backdoor investments chesaka, ika nijayithi emi migaladu. Pulpfiction: Jagan ni thidithey Modi kaaadhu Gandhi ni koodaaa vodhalanu. Post # 22902. | ||
| Boston_baba Side Hero Username: Boston_baba Post Number: 2347 Registered: 07-2012 Posted From: 198.175.68.37 Rating: N/A |
HANSINDIA-HMTV editor murthy garu, is one of the few people with integrity in media industry. Future is not to be predicted.. It is to be created... | ||
| New_user Megastar Username: New_user Post Number: 24377 Registered: 02-2008 Posted From: 173.19.21.238 Rating: |
Idoka paid site. Ee article ni chadavadam, time brokka. Pulpfiction: Jagan ni thidithey Modi kaaadhu Gandhi ni koodaaa vodhalanu. Post # 22902. | ||
| Avrajesh Junior Artist Username: Avrajesh Post Number: 733 Registered: 01-2013 Posted From: 203.127.89.206 Rating: N/A |
Source: Hansindia.info YS Jaganmohan Reddy divides public opinion. He has a strong personality. Some people like him and some others dislike him for various reasons. The bulk of the people may not have any particular opinion. Reddy, who has been in jail for more than six months, was denied bail once again on Monday by the Andhra Pradesh High Court. He spent Christmas in jail. Jaganmohan Reddy is a politician facing several charges which include quid pro quo deals and amassing of disproportionate assets. He has been under probe by the Central Bureau of Investigation (CBI) for months. Common people, who donât belong to either the love-Jagan- camp or the hate-Jagan-camp, who respect the rule of law and expect constitutional bodies to function in a democratic way, are disappointed with some of the recent decisions of the judiciary. They are strong votaries of rule of law. They want the law to take its proper course and the accused to be punished if found guilty after a fair trial. Courts of law are part of the democratic system. They are expected to respect rights available to individuals, particularly democratic and political rights. Technicalities should not come in the way of protecting rights available under the Constitution. In the wake of denial of bail to Jaganmohan Reddy, the question of the rights and freedoms guaranteed by the Constitution and their denial becomes the central point of public debate. Only three issues figure prominently: One, Jaganâs right (for that matter, the right of any accused) to seek bail; two, Jaganâs (anybodyâs) rights available under the Constitution, such as fundamental rights and liberties; three, the CBIâs selective approach based on a person or personality. Alleged pulls and pressures on the CBI or the hearsay about who is calling the shots are far less important. The High Court, when it heard Jaganâs first bail application some months ago, had asked the CBI why the accused should not be allowed to participate in the election campaign. The accused, not yet proved guilty, wanted to participate in the democratic process which is a legitimate right of any citizen. The evening before the High Court was to pronounce the order, a scam involving subordinate judges had hit the news channels and newspapers. The result is known; the petition for bail was rejected. Jagan appealed to the Supreme Court through a Special Leave Petition (SLP). The SC also dismissed the petition saying that Jagan should apply for bail only after charge sheets in all cases had been filed. Each case against Jagan, or anyone, is a separate case in which the accused can seek bail and the court may or may not grant it. But the ruling that a bail application could be filed only after charge sheets in all cases had been filed virtually goes against the guaranteed rights under the Constitution. If the CBI intends to keep a person in jail in the name of investigations, it could file fresh cases even after the order of the SC was pronounced. It could also delay filing of the charge sheets on one pretext or another. In the light of the comments made by a former director of the CBI recently, there is a general belief that the agency is not functioning independently of the government. If the CBI so desires, it can force Jagan to languish in jail for months even before the trial starts. That is surely not the intention of the makers of the Indian Constitution. Raja spent one year in jail and his guilt is yet to be established. Karunanidhiâs daughter Kanimozhi also was in jail for several months without any charge being made. But Raja had served one year in prison before the charge sheet was filed. Now all cases related to 2G spectrum have been consolidated and are being heard by the Supreme Court. Raja and Kanimozhi were released after charge sheets were filed against them. Compare the efficiency of our investigative agencies and courts with that of those in the US. Rajat Gupta, India-born former Goldman Sachs director, was charge-sheeted by the US government on October 26, 2011, for insider trading. He was charged with passing confidential boardroom information to his friend, business associate and hedge fund founder Raja Rajaratnam of Sri Lanka. The trial began on May 22, 2012, and he was pronounced guilty on June 12, in a matter of just 20 days. He was arrested briefly on the day charges were made and let off on bail within hours. Though he was sentenced to two years in prison, he was given reprieve by an appellate court. That is a different matter. Coming back to Jaganâs case, after the High Court denied bail, Jagan moved another application on the ground that the statutory period of 90 days in jail had been completed and the CBI had failed to file charge sheets, and so bail be granted. The accused has a statutory right to seek bail as a matter of right when the CBI fails to file a charge sheet within the stipulated time. This application came up before Justice Seshaseyana Reddy and arguments were heard by him on December 20th and 21st. The CBI brought Haren P Ravel, Additional Solicitor General, from Delhi while Jagan was represented by well- known criminal lawyer C Padmanabha Reddy. The CBI, which had earlier said in its remand report that it had arrested Jagan in case 19A, told Justice Reddy that the arrest was only in relation to the Vanpic case. Mopidevi Venkataramana also is in jail on account of the Vanpic case. This clarity given by the CBI did not help Jagan in another application filed by him for regular bail under Cr. P. C. Section 437. Since the CBI has already filed charge sheet in the Vanpic case on August 13, the accused is entitled to ask for bail. When the SC gave the order denying bail to Jagan on October 5, the CBI had said it required only three months to complete its investigation. The stipulated time will be up on January 5, 2013. The regular bail petition was heard by Justice Reddy on Wednesday. He asked the CBI to submit a status report and adjourned the case to January 4, 2003. It will be a crucial day for Jagan. There are generally three steps in decision-making by the government: 1) The State government takes certain decisions in favour of particular individuals or companies. The decisions are preceded by the Cabinet approval and other official process and due diligence. 2) The government issues GO to give effect to those decisions. 3) The government would also try to find out if any party other than the intended beneficiary was unduly benefited through quid pro quo arrangement. The first two steps were taken by the sovereign State. The process is fully documented with notes by secretaries and ministers concerned. The question of tampering with the evidence, therefore, does not arise. The State government under either Kiran Kumar Reddy or Rosaiah did not dispute any of the decisions taken by the previous regime. It did not even rescind any of them. The government has owned up all the decisions taken by the YSR government, describing them as collective decisions taken properly in Cabinet meetings. Buttressing the argument, it is also providing legal assistance to half a dozen ministers who were asked by the Supreme Court to explain their conduct. It means spending lakhs of rupees from the public exchequer to defend the ministers in SC. The reasons cited by the CBI in its arguments in the courts for denial of bail to Jagan were that the accused might influence the witnesses and that he might destroy the evidence. All the witnesses are officers in the State government. Evidence cannot be destroyed because they are all official communications. The CBI says the accused has no right to seek bail as a matter of right when investigation is in progress. It is a question of the rights of an individual citizen and role of democracy in the country. Accused or not accused, the right of an individual available under the Constitution continues to exist. According to criminal law, no one is punishable unless full-fledged trial is conducted and guilt is proven. Once the guilt is proved beyond doubt and the accused is sentenced, his rights are restricted to the extent of the sentence imposed on him. Even prisoners have their rights guaranteed under the Constitution. Here is an accused who is a political leader on one side. There are rules, conventions, precedents and Supreme Court orders on the other. There is the spirit of democracy with the fundamental rights and freedoms guaranteed by the Constitution on yet other side to reckon with. The courts have to balance all these factors with an open mind and render their decisions. Apart from looking into legal and technical issues, they should keep in view the rights and liberties of the accused. Allowing the accused to languish in jail for months without trial and without even filing charge sheets is equally unconstitutional. |
