Category: Legal

Age of consent a growing concern, says CJI while study finds 1 in 4 cases under POCSO Act are ‘romantic cases’

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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A decade after the government passed the Protection of Children from Sexual Offences (POCSO) Act 2012, the judiciary and activists have urged the Parliament to take a relook at the age of consent prescribed under the Act.

Speaking at a two-day national consultation on the POCSO Act on Saturday, Chief Justice of India DY Chandrachud said there were growing concerns related to the age of consent for sexual activities under the Act, especially in cases of adolescent love affairs.

CJI Chandrachud said that the POCSO Act criminalised all sexual activities for those under the age of 18 even in ‘romantic’ relationships without considering that consent is factually present between the minors. “Because the presumption of the law is that there is no consent in the legal sense below the age of 18,” Deccan Herald quoted the CJI saying.

This “category of case poses difficult questions for judges”, the CJI said.

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In June, a study conducted by Bengaluru-based NGO Enfold Proactive Health Trust and UNICEF-India found that 25 percent of the cases registered under the POCSO Act in West Bengal, Assam and Maharashtra were “romantic cases”, in which the victim was in a consensual relationship with the accused.

In 2018, a similar study conducted by the Centre for the Child and the Law at the National Law School of India University (CCL-NLSIU) found that romantic cases constituted 21.2 percent of cases in Andhra Pradesh, 20.5 percent in Maharashtra, 21.5 percent in Delhi and 21.8 percent in three districts of Karnataka, The Hindu reported.

Researchers Swagata Raha and Shruti Ramakrishnan, who authored the June study, analysed all 7,064 POCSO judgments between 2016 and 2020 in the three states and found that 1,715 cases were “romantic cases” where the complainant admitted to having a consensual relationship with the accused.

The study also revealed that in 46.6 percent of the “romantic cases” the girl was between the ages of 16 to 18 years. The researchers also said that the Act was creating problems for tribal communities as well where marrying below the age of 18 is not taboo.

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The researchers termed such incidences as romantic cases where the victim, her family or any prosecutorial witness revealed that there was a romantic relationship or in cases where the court concluded that the relationship was romantic in nature.

The number of cases “would be much higher if we draw inferences from court decisions”, Indian Express quoted Shruti Ramakrishnan as saying.

According to the study, the court took a lenient view of such cases by recording convictions only in exceptional cases and acquitting most involved in “romantic cases”.

The POCSO Act raised the age of consent for sexual activity to 18 years from 16 years in 2012.

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Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

SC stays NGT order to phase out public transport vehicles below BS-IV in 6 months

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court has stayed an order of the National Green Tribunal (NGT) to phase out all public transport vehicles with BS-IV (Bharat Stage) engines and below in the next six months.

A bench of Justices S K Kaul and Abhay S Oka issued notice to the parties in the case and sought their replies on the appeal filed by the West Bengal government.

The NGT in its order had said the state government must ensure that public transport vehicles with BS-IV engines and below are phased out in six months so that only BS-VI vehicles ply in the state, including Kolkata and Howrah, thereafter.

“It is her (counsel for the West Bengal government) say that in terms of the directions of this court in an order dated October 24, 2018, no motor vehicle conforming to the emission standard Bharat Stage-IV was to be sold or registered in the country with effect from April 1, 2020.

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“Thus, registrations were carried out till that date as permitted, and therefore the 15-year period has to be counted from the date of registration. Otherwise, it will amount to making the vehicles unusable in less than 15 years. Issue notice. In the meantime, the operation of the aforesaid direction has stayed,” the bench said.

The eastern bench of the NGT had noted that a huge number of private and commercial vehicles older than 15 years were plying in Kolkata and Howrah, which was adding to the air pollution.

The tribunal in its order had said while phasing out the old vehicles, a move towards the use of cleaner and greener technology with the introduction of Compressed Natural Gas (CNG) buses and electric buses may be expedited.

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Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Succession right of tribal women: SC directs Centre to consider amending provisions of Hindu Succession Act

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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Observing that a female tribal is entitled to parity with a male tribal in intestate succession, the Supreme Court on Friday directed the Centre to examine the issue and consider amending the provisions of the Hindu Succession Act so as to make it applicable to the members of the Scheduled Tribes.

The top court said when the daughter belonging to the non­-tribal is entitled to an equal share in the property of her father, there is no reason to deny such a right to the daughter of tribal communities.

As per Section 2(2) of the Hindu Succession Act, the Hindu Succession Act will not be applicable to members of the Scheduled Tribes.

A bench of Justices M R Shah and Krishna Murari said there is no justification for denying the right of survivorship (a right of a person to property on the death of another having a joint interest) so far as the female members of Scheduled Tribes are concerned.

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“It is directed to examine the question by the Central Government to consider it just and necessary to withdraw the exemptions provided under the Hindu Succession Act in so far as the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether to bring a suitable amendment or not.

We hope and trust that the Central Government will look into the matter and take an appropriate decision taking into consideration the right to equality guaranteed under Articles 14 and 21 of the Constitution of India,” the bench said.

The apex court said a female tribal is entitled to parity with a male tribal in intestate succession.

“To deny the equal right to the daughter belonging to the tribal even after a period of 70 years of the Constitution of India under which right to equality is guaranteed, it is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribe,” the bench said.

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The top court’s observations came while dismissing a plea on whether a daughter (belonging to Scheduled Tribes) is entitled to the share in the compensation with respect to the land acquired on survivorship basis under the provisions of the Hindu Succession Act.

“Therefore, so long as Section 2(2) of the Hindu Succession Act stands and there is no amendment, the parties shall be governed by the provisions of Section 2(2) of the Hindu Succession Act.

“Therefore, though on equity we may be with the appellant being daughter and more than approximately 70 years have passed after the enactment of the Hindu Succession Act and much water has flown thereafter and though we are prima facie of the opinion that not to grant the benefit of survivorship to the daughter in the property of the father can be said to be bad in law and cannot be justified in the present scenario, unless Section 2(2) of the Hindu Succession Act is amended, the parties being member of the Scheduled Tribe are governed by Section 2(2) of the Hindu Succession Act,” the bench said.

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

BharatPe files case for clawback of Ashneer Grover’s restricted shares, founder title: Sources

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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BharatPe has filed arbitration for clawback of former managing director and co-founder Ashneer Grover’s restricted shareholding and founder title, sources told CNBC-TV18. According to the sources the arbitration, filed on Thursday, December 8, is under Singapore International Arbitration Centre (SIAC) rules Currently, Grover holds roughly 8.43 percent stake in BharatPe, of which 1.4 percent was not vested as on the date of his resignation (March 1, 2022)

The company had earlier sent a legal notice to Grover to transfer his 1.4 percent restricted shares under SHA (shareholder agreement). Interestingly this is the third legal action after the civil suit at Delhi High Court and criminal complaint with the Economic Offences Wing.

Also read: BharatPe makes explosive claims against former MD Ashneer Grover and his wife — details here

Earlier, the Delhi high court on Thursday heard the fintech company’s plea on Grover for launching a “vicious” campaign against the company. BharatPe has filed a 2,800-page civil suit and criminal complaint against Ashneer Grover, wife and family. The family members include Madhuri Jain Grover’s brother-in-law Deepak Gupta (head admin & logistics), her father Suresh Jain and brother Shwetank Jain (both vendors of the company).

BharatPe has alleged charges on 17 counts, including criminal conspiracy, cheating, siphoning, embezzlement of funds and forgery and has claimed Rs 88 crore in damages from Grover, and family. In this regard, the Delhi HC has issued notice and has decided to summon Grover and his wife.

BharatPe told CNBC-TV18 that it has initiated civil and criminal action against erstwhile co-founder and MD Ashneer Grover, former head of controls Madhuri Jain Grover, and other connected parties of their family for various claims, including misappropriation of company funds.

The complaint by the company are based on findings of an Alvarez and Marsal preliminary report from January.

After being fired over alleged misappropriation of funds, Madhuri Jain Grover released an audio clip allegedly of a conversation between company co-founder Ashneer Grover, Bhavik Koladiya and chairman Rajnish Kumar. She further called her sacking a conspiracy, sharing a screenshot of a WhatsApp chat purportedly between Grover and BharatPe CEO Suhail Sameer.

Also read: Delhi High Court to summon Ashneer Grover, wife after BharatPe’s plea

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

BharatPe makes explosive claims against former MD Ashneer Grover and his wife — details here

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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Here are the eight claims made by the company against Grover and family

Claim 1: The company has claimed that payments aggregating to Rs 71.76 crores were made to fake vendors. BharatPe said in its complaint that the payments were made against invoices issued by 35 non-existent vendors identified by GST Authorities. Majority of the said fake vendors were owned by persons known to Ashneer Grover.

BharatPe had to reverse the total ineligible ITC and paid penalties. The company said that it was Madhuri Jain Grover’s brother-in-law Deepak Gupta who was responsible for on-boarding vendors. The company claims the 35 fake vendors used to siphon off funds.

Claim 2: The that penalty under CGST act worth Rs 1.66 crores was paid.

Claim 3: Rs 7.6 crores were  paid to fake HR firms. Madhuri Jain Grover had complete control over hiring and the company claims that she siphoned off money by making payments to eight HR firms.

According to the company, the invoices raised were fictitious and fabricated, and no service in relation to those invoices had been provided. The eight HR firms in question were related to Madhuri Jain Grover and family.

Claim 4: A Rs 1.85 crore payment was made to an interiors design business, owned by Madhuri Jain, without BharatPe’s knowledge. The company has said that she treated BharatPe as her personal business and that the company employees used to file tax returns for the said interior design firm.

Bharart Pe was made to pay Rs 2.66 crores for the financial year 2020 and financial year 2021 before disclosing the related party status of the interior design firm.

Claim 5: BharatPe has claimed that the couple financed personal via the company. The firm has given a bifurcation of these said costs.

— A total of Rs 52.25 lakhs paid in rent for the couple’s Panchsheel Park residence – monthly lease of Rs 2.75 lakh + Rs 5.5 lakh as as security deposit.

— Electricity Bill worth Rs 10,020

— Purchase of Sony Bravia TV worth Rs 1.04 lakh

— Purchase of Mi TV 4X worth Rs 36,999

— Purchase of fridge worth Rs 15,000

— Purchase of LED TV worth Rs 15,000

— Air Travel for children and family. Flight from Mumbai to Delhi – for family – amounting to Rs 10,232.

— Family vacation to US (Grover, wife, children) amounting to Rs 5.83 lakh. A family trip to Dubai (Grover, wife and children) amounting to Rs 3.84 lakh.

— Visa expenses of relatives – Rs 26,400

— Skin treatment taken Madhuri Jain.  A reimbursed of Rs 22,500 was taken from Bharat Pe for the same.

Claim 6: The company has said that inflated payments worth Rs 13 lakh were made to vendors for supply for plastic standees.

Claim 7: A trip to Thailand for  Rs 4.51 lakhs. The company said that double payment was made to the travel agent for official Thailand visit.

Claim 8: The company has claimed that Grover and his wife’s action have led to a loss for the brand, reputation and goodwill. The company suffered grave injury to the goodwill and reputation caused by Grover and his wife making derogatory statements and spreading the foregoing false narrative in the public eye.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Delhi High Court to summon Ashneer Grover, wife after BharatPe’s plea

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Kerala introduces bill to replace governor as chancellor of universities

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Left government in Kerala on Wednesday tabled the contentious University Laws (Amendment) Bill in the Assembly to replace the Governor as Chancellor of universities in the state and appoint eminent academicians in the top post.

Law Minister P Rajeeve introduced the bill in the House amidst continuing tussle between Governor Arif Mohammed Khan and the Pinarayi Vijayan government over various issues including in the appointment of vice chancellors in varsities.

According to the Bill, the government shall appoint an academician of high repute or a person of eminence in any of the fields of science including agriculture and veterinary science, technology, medicine, social science, humanities, literature, art, culture, law or public administration as the Chancellor of the University.

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It also said the Chancellor shall hold office for a term of five years from the date on which he enters upon his office.

However, the opposition Congress-UDF members raised a handful of objections against it saying it would face legal issues if passed in the present form.

Leader of Opposition in the state Assembly V D Satheesan charged that the Bill was prepared in haste without much contemplation and has several ambiguities.

Noting that the Bill comprised aspects violating UGC guidelines, he said a new law won’t stand if it is introduced under the State Act against that of the directives of the apex higher education body.

He also said the Bill could not be presented in the House as the Financial Memorandum was incomplete.

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“There is no mention about the age limit and the minimum educational qualification of the Chancellor in the Bill. That means, the government can appoint anyone according to their mind in the top post. It will destroy the autonomous stature of the universities and turn them into mere government departments,” Satheesan alleged.

The opposition wanted the government to withdraw the present Bill and come out with a fresh one after rectifying the mistakes and making enough consultation including with the opposition.

Senior Congress leader Ramesh Chennithala, P C Vishnunath, T Siddique, Mathew Kuzhalnadan were among those opposition legislators who raised objections against the presentation of the Bill.

However, the Law Minister rejected the charges and said the objections raised by the Congress-UDF were mere “political” points.

The Bill further said that the person appointed as the Chancellor shall be eligible for reappointment for one more term.

The position of the Chancellor shall be an honorary post, it said adding that the office of the Chancellor shall be at the headquarters of the University. The University shall provide such officers and employees as may be necessary for the smooth functioning of his office.

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KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Coach Soch | FinFluencers: What code of conduct should we have?

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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A financial influencer or ‘FinFluencer’, is a person who gives information and advice to investors on financial topics — usually on stock market trading, personal investments like mutual funds and  insurance, primarily on various social media platforms. They might be compensated by the business offering the product or service. 

Recently, on the sidelines of an industry conference, a senior official of the Securities and Exchange Board of India (Sebi) indicated that they are working in forming guidelines for ‘finfluencers’. They have reason to worry that such unregulated and unlicensed self appointed advisors are putting consumers financial investment at risk.

Current Challenges 

For the sake of transparency, and tracking all the influencers, one needs to assume that any code of conduct will also include all influencers from the mainstream media (TV, Print, Digital). 

Almost every Indian business TV channel offers stock-tips. Many TV anchors run stock discussion or pure corporate results programs during trading hours, and are influential in their own right. Same argument can be made for those writing about specific companies in print or other digital media platforms. 

Media-journalists (oxymoron ?), thanks to their “informant network”, might have access to inside news about the companies. Is there any code, importantly traceable and implementable, to check if they misuse such info – especially to influence financial outcomes – for their personal gain or to their employer ? With corporate ownership of media space increasing further, how does one sift content from lens if the media owner is benefiting from content promoted ? 

But then, some of those influentials (or media elites) might even take umbrage with this very idea and claim that their “independence and constitutional right to work” will be impacted by such a (potential) regulatory code. While there has to be respect for independence of journalism, the sector cannot use that veneer to peddle content or commentary, that influence financial / investment decisions.

Global regulatory learnings

In Australia, finfluencers could face up to five years in jail, if they provide financial advice without a prior license. 

The European Securities and Markets Authority has defined what constitutes investment recommendations, how to post those advice on social media, and has spelt out penalties for any breach. 

Earlier this year, the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) informed its consumers with a letter stating that “ among the financial influencers, who regularly and frequently post information and investment tips” and that there are “many self-proclaimed experts on the go” in addition to genuine experts. 

Singaporean and Chinese regulators also have guidelines for FinFluencers. While, the Dutch Financial Supervisory Authority (Autoriteit Financiële Markten – AFM) did a research and published its findings saying; “There are only a few finfluencers who post neutrally and there is often a lack of transparency.” 

First Principles for a code of conduct :

1. Definition of FinFluencers : should be clear, stand test of judicial – regulatory scrutiny. Should cover all mediums that has consumer access for financial – investment communication.
2. Content definition : is critical. It should cover all forms of content – right from advertisements, brochures, data put up on websites or social media, endorsements by celebrities or brand ambassadors, news programs in mainstream media that promote any specific view about a financial investment.
3. Consumer protection : in an era where attention spans are lesser, and where consumers believe in everything that’s fashionably presented in the media, especially social media, isnt it unfair to expect the regulator to protect the consumers from themselves ? 
4. The need to have transparency and be data-led communication : Assumably the consumers have limited knowledge about financial products and services, or who may be financially vulnerable – any code of conduct should ensure that any financial & investment should be “truthful, balanced, data-led”. 
5. “Will you sell this to your sibling” : test is a simple logic that can be embedded into a code of conduct. If any influencer won’t adopt their own advice for their investments, then they cannot be giving it.

Regulations could be effective, only when the financial regulators have adequate technological framework for proactive real-time market surveillance capabilities, and in-house talent to assess such data into insights to take necessary consumer protection measures. And importantly to carry ahead with regulatory provisions to hold such offenders accountable, quickly.

Hopefully, it starts with human values and self regulation. Well, let’s assume that it’s missing or defunct. And, moral righteousness!! Well that’s for another day. 

So, the likely Code of Conduct 

1. Everyone including mainstream journalists, TV anchors and guest panellists, social media commentators – who speak or write on anything around financial outcomes related to any investments should be registered investment advisors. This should even include even those who write in print / digital media about personal finance and investments. 
2. All such content could carry disclosures about capability and registration details of those commentators. Every content should disclose the commentator’s investment or monetary link to the content.
3. The regulator should define all financial products, services, investment boundaries of such products and services which should be covered by any Finfluencer code. It ideally should include traditional banking, insurance, Mutual funds, AIF offerings, loan products including housing, unsecured, secured, BNPL products, share trading, opinion about any listed entity, forex trading, cryptocurrencies and futures options. 
4. Taking a leaf from what the regulator expects from directors and KMPs of asset management industry – can those designated as influencers by the regulator, declare their investment portfolio periodically ?
5. Assuming that the regulator will have / create their internal bandwidth, can they create a register of FinFluencers and build up that register over time ?
6. Define clearly, without any ambiguity, what constitutes financial and  investment recommendations, and have penalties for any breach. Importantly the regulator should have legal authority for the same (with no offence meant, the bark and bite should go together).
7. Constitute a real-time digital supervisory mechanism for the above regulations to be tracked. If regulator waits only for whistle blowers or complainants to show them the offenders, the rules might end up being tilted in favour of big / influential media houses. 
8. Institute an easier way for complainants to send complaints, without any ostracisation if complaint is found incorrect. While SROs can be tasked with forwarding complaints to the regulator, the current SROs like ASCI don’t have a say in media content (except for advertising content).

However, the larger challenge is this: With regulators (the executive) being one of the original Four pillars of democracy, can they effectively counter undue influence of one of the other original four pillars — the traditional media? 

With supervisory tech (SupTech), it seems possible. But the regulatory independence and supervisory will, to take such a step, as well as the political nuance of such a possibility, is as good as your guess.

— Dr. Srinath Sridharan is a Corporate Advisor, Leadership Coach & Author

Read his previous columns here

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Lakhimpur Kheri case: Charges framed against Ashish Mishra, 12 others for murder, criminal conspiracy

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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A court here on Tuesday framed charges against Union minister Ajay Kumar Mishra’s son Ashish and 12 others for murder, criminal conspiracy and related offences in the case of mowing down of protesting farmers in October 2021 in Lakhimpur Kheri, paving the way for the start of the trial.

Additional District Judge Sunil Kumar Verma has now fixed the next hearing on December 16, District Government Counsel (Criminal) Arvind Tripathi told PTI.

Tripathi said that 13 accused, including Ashish Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of Motor Vehicle Act.

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Ashish Mishra, son of Union Minister of State for Home Ajay Kumar Mishra, is the main accused in the case.

The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam alias Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar alias Mohit Trivedi, Rinku Rana and Dharmendra Banjara. All of them are in jail.

The 14th accused, Virendra Shukla, who is out on bail, has been charged under section 201 of IPC which is related to causing the disappearance of evidence of an offence or giving false information to screen the offender.

The primary object of framing of charge is to tell the accused person precisely about what the prosecution intends to prove against him.

Charges under various sections of the Arms Act were also framed against Ashish Mishra, Ankit Das, Nandan Singh Bisht, Satyam alias Satya Prakash Tripathi, Latif Kale and Sumit Jaiswal, Tripathi said.

On October 3, 2021, eight people were killed in Tikunia in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.

Four farmers were mowed down by an SUV, in which Ashish Mishra was seated, according to the Uttar Pradesh Police FIR.

Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.

The 14 accused will be tried in the case related to the death of four farmers and the journalist.

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Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Former VCs of IGNOU, PTU cleared of corruption charges in distance learning courses case

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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After a protracted legal battle of nearly 10 years, former IGNOU vice chancellor V N Rajasekharan Pillai has come out clear after a special CBI court here discharged him in a corruption case, officials said on Tuesday.

Former Vice Chancellor of Punjab Technical University Rajneesh Arora and Joint Registrar RPS Bedi were also discharged from the case related to alleged corruption and forgery in allowing the university to run certain courses through distant mode from the academic year 2007.

“Criminal prosecution has been sought of very high-level dignitaries but the CBI just presented the charge sheet without bothering to see whether the ingredients of the alleged offences are present in this case,” Special Judge Naresh Kumar Laka noted.

The CBI, which started the probe in 2011 with a preliminary enquiry, filed an FIR followed by a charge sheet against Pillai, Arora and Bedi under charges of criminal conspiracy, forgery and provisions of the Prevention of Corruption Act, the officials said.

The central agency had alleged that the University Grants Commission, All India Council for Technical Education and Indira Gandhi National Open University (IGNOU) had signed a Memorandum of Understanding (MoU) on May 10, 2007, which stipulated to set up an expert committee to visit the particular institution to verify the norms and standards of education before approving recognition.

The decision to approve was to be decided on the basis of the expert committee’s report, observations of the joint committee and finally by the Distance Education Council (DEC), which is the primary authority of IGNOU for that purpose, they said.

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The CBI alleged that Pillai violated the MoU and “unilaterally” gave permission to Punjab Technical University to run certain courses through distant mode.

The court rejected the charge that Pillai misused his official position, as one of the relied documents in the CBI charge sheet having an expert opinion on the MoU, said it was not binding and also AICTE had not ratified the document.

Besides, the court agreed with Pillai that the MoU was to facilitate cordial functioning of three bodies — UGC, AICTE and IGNOU — having some overlapping functions “without losing their own statutory power”.

“As per established principles of the rule of law, a private agreement can never supersede the statutory provisions which are enacted by the legislatures i.e. Parliament of India or the State Legislative Body,” it said.

The court said according to the charge sheet, the CBI alleged that the three caused undue benefit to Punjab Technical University by granting recognition, which it did not deserve.

“There is no specific allegation as to what monetary loss or valuable thing or pecuniary advantage has been given or caused to any of the accused persons in particular,” it added.

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The court was dissatisfied with the CBI submission that Punjab Technical University got a pecuniary advantage from the fee given by the students enrolled in the courses recognised by Pillai.

It pointed out that neither a table of such fees paid by the students with its amount, period and sessions were in the charge sheet, nor was student listed as a witness.

“A criminal trial is not commenced on the basis of assumptions or guesses but sufficient material is required to be shown on record by the prosecution, which it failed,” the special judge said.

He said Punjab Technical University is a government university of the Punjab state and it has not been made an accused.

“The accused no.1 (Pillai) was an officer of IGNOU and the accused no.2 and 3 were officers of PTU. They cannot be made vicariously liable without joining the alleged principal offender i.e. Punjab Technical University,” he said.

The court discharged all three accused from the case with the condition that if the order is challenged in a superior court, they will have to appear before it.

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KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow