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” says Haq,” Indeed, download Indian Express App More Top NewsWritten by Shantanu David | Published: September 24, "Regarding the Pathankot Indian air base attack in January 2016, From the RBI?

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Coal linkage earlier granted by MCL [Mahanadi Coalfields Limited] for the project could be utilised as lease of connected bauxite mines could not be obtained for setting up their aluminium plant.Government of Orissa has favoured allocation of Talabira II block to M/s Hindalco in preference to M/s Neyveli Lignite Corporation n view of the current shortage of coal in MCL areas MCL will not be in a position to honour earlier linkages given for their aluminium plant” Also extracts from Parakh’s note dated September 9 2005 which is relevant and referred to in the summoning order are reproduced as under: “In the light of the latest communication from the chief minister of Orissa recommending allotment of Talabira II block in favour of M/s Hindalco the matter has been re-examined Government of Orissa have indicated their clear preference for allotment of this block to M/s Hindalco in the interest of creating more employment and growth of manufacturing sector in the state… In order to give a reasonable level of satisfaction for M/s Hindalco Aluminum Plant while keeping interest of NLC also in mind proposals made at Para 4 of Pages 13-14/N appear reasonable With 50:50 distribution of reserves of Talabira II block along with 33 million tonnes of reserves of coal from the barrier it will be possible to meet about 80 per cent requirement of M/s Hindalco While in absolute terms NLC will get the same quantity of coal as M/s Hindalco its percentage satisfaction will be much lower However since MCL and NLC are proposing to set up a joint venture for power plant out of coal derived from Talabira II and Talabira III full requirement of NLC would be made available from the coal reserves of MCL in Talabira III” These notes demolish the “prima facie” view of the court that the interest of NLC was ignored Clearly the trial court’s order which refers in detail to the official communications would show that the decisions were taken after considering various inputs and options The final decision as approved by Manmohan Singh was therefore not taken “in private or in secrecy” — an essential element in the principles governing the law of conspiracy as reproduced by the learned judge in his order The summoning order shows that Manmohan Singh as the then coal minister acted on the basis of specific and reasoned recommendations relating to a policy choice In the process guidelines which in law are otherwise amenable to revision in the exercise of executive authority could certainly have been revised as was considered necessary in the note of September 21 2005 put up by an official of the PMO endorsing Parakh’s recommendations of September 12 2005 Further with regard to the proposal for the amendment of the guidelines the trial court records in Paragraph 21 of its order “that it is arguable that merely putting up signatures on a note by a senior officer has the effect of approving whatever has been mentioned above” and then goes on to deal with its “consequential effect” This aspect is important since the officers in the PMO in their notes of September 9 2005 and September 26 2005 proposing allocation of coal to Hindalco and NLC had stated that “the acceptance of the proposal would entail relaxation of the guidelines as stood approved on June 9 2005” Hence the endorsement of the proposal would imply an amendment of the guidelines of June 9 2005 so that the decision in question is traceable to revised guidelines It is pertinent to state that the earlier guidelines of June 9 2005 were also a result of amendments to existing guidelines The court finds no criminal conspiracy on the part of the chief minister of Odisha even while holding (unreasonably of course) that the CM’s letter advocating that Hindalco be allotted the coal block was procured primarily to scuttle the adverse notes of junior officers The court however discovers such a conspiracy in Manmohan Singh acting on the recommendation of the chief minister of the state that owns the mineral An inexplicable incongruence in approach indeed Can a prime minister or a Union minister be accused of criminal misconduct or abuse of office for responding to a chief minister’s recommendation An administrative decision by the then coal minister based on a rational justification proposed in various notes and internal memoranda and in furtherance of the paramount national interest of promoting economic activity employment generation and production of steel and power by an established public limited company cannot reasonably lead to a conclusion of even prima facie culpability for the offences in question In a mixed economy such as ours an important role is assigned to the private sector for spurring economic growth and development In this context the observations of the 25th meeting of the screening committee on the recommendations of the state of Odisha as discussed in the trial court’s order are reproduced: “The representative from govt of Orissa supported the request of M/s NLC Representative from ministry of power very strongly supported allocation of Talabira II to NLC Representative from govt of Orissa further stated that while the power plant of NLC is being supported it is the aluminium project of M/s Hindalco that would add maximum value and encourage downstream industries having greater employment generation and beneficial multiplier effect He stated that the existing NTPC and OPGENCO could add capacity to their existing power plants With increase in economic growth the country is likely to have aluminium shortage and therefore the M/s Hindalco project should be considered for allocation of Talabira II in preference to NLC Moreover aluminium production is highly energy intensive and very sensitive to cost of power and therefore the captive block becomes a must for the CPP” In terms of the above can it reasonably be said that the decision in question was a “completely indefensible act of a public servant something that no reasonable man would have done having regard to all circumstances” Can it be said on the authority of the law laid down by the Delhi High Court in the case of Runnu Ghosh and cited by the judge that the decision in question was “such as no one would have taken” I submit not These questions are all the more relevant in the context of the CBI concluding that no criminal offence was committed by any of the persons involved in the entire process of the allocation of the Talabira II coal block to Hindalco Two closure reports to the same effect were filed by the CBI when Manmohan Singh was no longer in office And since the element of “mens rea” is excluded for determining the possible culpability of the accused for substantive offences under Section 13 of the Prevention of Corruption Act the court even for the purpose of arriving at “prima facie” satisfaction for issuance of summons was expected to base its findings on the materials as they were — rather than reading an unstated intendment by an enquiry into the mental processes of those concerned Such an approach is tantamount to a perverse appreciation of evidence which vitiates the orderThe exercise of jurisdiction to summon the additional accused needs to be so tested The finding of the court with regard to the need for prior sanction to prosecute is also questionable Whether given the tenor of the summoning order and a clear predisposition of mind as disclosed therein the perspective of the accused will receive an objective and fair consideration is also a matter that should weigh with the court of appeal As the wheels of justice grind on the Supreme Court as the final arbiter of our liberties will be called upon to vindicate its raison d’ etre that is to ensure that justice is not only done but also seen to be done It will ask itself in the words of Justice Cardozo an eminent judge of the US Supreme Court whether the trial court has “exercised discretion informed by tradition methodologised by analogy disciplined by system” Indeed “the judge even when he is free is still not wholly free He is not to innovate at pleasure he is not a knight errant roaming at will in pursuit of his own ideal of beauty or of goodness He is not to yield to spasmodic sentiment to vague or unregulated benevolence” The Supreme Court as sentinel on the que vive as keeper of the constitutional conscience will evaluate the summoning order on the basis of larger principles of public law and policy upon which rest the foundations of our criminal justice system including the salutary principle of procedural law namely that official acts are presumed to be regularly and lawfully performed unless proved to the contrary We know that law is no respecter of persons but in the context of criminal processes the apex court if and when called upon to pronounce its view is expected to weigh the consequences of unduly fettering the judgement of decision-makers at the highest level in the matter of preferred policy choices Indeed justice is larger than a judgment and law rooted in reason must embrace the realities of life including the challenges of governance Over to you my lords The writer is a Member of the Parliament (Rajya Sabha) and former minister for law and justice For all the latest Opinion News download Indian Express App More Related News where he consumed phenyl and slit his wrist. Did we stop Muslims from voting then?too have now turned music directors, I think our team is young enough and enthusiastic and we can do achieve. “It’s like all the other sports, download Indian Express App More Related NewsPublished: October 27, and gay abandon, she at least gave a wonderful option for all governments seeking to impose bans — Halal Googling.tune in to?

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