Tuesday 15 May 2012

Court says no to de-freezing of Jagan's accounts

A CBI special court on Monday rejected the petitions filed by Y.S. Jaganmohan Reddy's companies challenging the CBI decision to freeze their bank accounts as part of its probe into the alleged disproportionate assets case against the YSR Congress party president.

The CBI, on May 8, had decided to freeze the current accounts of Jagathi Publications (it brings out the Telugu daily, Sakshi), Indira Television (the company behind Sakshi TV) and their sister concern Janani Infra, in the State Bank of India, Oriental Bank of Commerce and Indian Overseas Bank, under Section 102 of the Criminal Procedure Code.

The CBI instructed the banks not to entertain any transactions in these accounts till the investigation into the case was completed.

Jagan's companies challenged the CBI move in the special court, on the ground that the freezing of bank accounts is tantamount to gagging the freedom of the press.

They said the CBI had not given prior notices to them before freezing their accounts. 'It was illegal and politically motivated, as it is evident that the CBI, at the behest of the ruling Congress, sought to create a financial crisis in the media house,' the managements alleged.

But the Hyderabad-based court rejected their petitions and upheld the CBI argument that the freezing of bank accounts was essential to probe into the illegal flow of funds into these companies.

Botsa challenges Jagan to let media inspect his 'mansions'

                                                                                 
Hyderabad, May 14: Andhra Pradesh Congress Committee President Botsa Satyanarayana today challenged YSR Congress President and Kadapa MP YS Jaganmohan Reddy to let media personnel inspect his palatial houses located in Bengaluru, Hyderabad and Pulivendula to determine how huge they were.

Addressing a press conference at Gandhi Bhavan here this afternoon after completing the first round of election campaigning, Botsa defended Chief Minister N Kiran Kumar Reddy's allegation that Jagan lived in a 70-room mansion in Hyderabad and thus had no concern for the poor. "Yes, Jagan owns palatial buildings in Hyderabad, Pulivendula (his hometown) and Bengaluru. Let him allow media personnel to inspect the houses and if our charge is proved wrong we will rectify it," Botsa said.

The Chief Minister and the PCC chief have been targeting Jagan personally as part of the campaigning for the by-elections slated for Jun 12. Jagan's palatial houses and his lavish style, apart from the corruption charges and "criminal links", are being used as weapons by Congress leaders to hit at the YSR Congress President, who has emerged as their biggest political threat.

"We are explaining to voters how Jagan amassed huge wealth through illegal means. We are able to convince the people," Botsa claimed. Jagan had no policies of his own and was trumpeting the Congress programmes as his own, the PCC president alleged. The by-elections to 18 Assembly constituencies and one Lok Sabha seat could not be a "referendum" on the State Congress government, but they were a battle between "deceitful and corrupt" forces (read Jagan) and "honest and welfare-oriented" forces.

"Our agenda is only welfare and development and the Congress is the only pro-poor party," Botsa added.

ED joins Jagan’s assets case trail

                                                                           
More trouble seems to be brewing for Kadapa MP Jagan Mohan Reddy, main accused in the assets case being investigated by the Central Bureau of Investigation.
The Enforcement Directorate has filed a petition in the special CBI court seeking a copy of the first chargesheet filed by the CBI in the case, which the court had taken cognisance of. The ED submitted the petition in order to proceed with the probe under the Money Laundering Act.
Sources within the ED say that they filed the petition the after the first chargesheet was taken into cognisance. The court will hear the ED’s petition on Tuesday. Sources add that the court will first want to hear on what grounds the ED requires the copy of the chargesheet.
The Money Laundering Act empowers the investigating officer to attach the properties and vest the rights over the property confiscated to the Central government. The Act also invests power to arrest if the investigating officer has a reason to believe that the person is guilty under the Act.
The Money Laundering Act, 2002, defines the offence thus: “Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money laundering.”
Sakshi accounts to stay frozen
A special court on Monday dismissed petitions filed by Jagati Publication, Indira Television Ltd and Janani Infrastructure Ltd, owned by YSR Congress president Y.S. Jagan Mohan Reddy, challenging the action of the CBI in freezing their bank accounts.
Special judge Pattabhi Rama Rao dismissed the plea on the grounds that there may be a chance of the money being misused. The court felt that whether the money is legal or illegal will be known after the trial’s completion.
Jagan prevailed on YSR for corruption
The CBI in its first chargesheet filed on March 31, said: “Jagan actively prevailed upon his father YSR to commit an offence, who in turn prevailed over B.P. Acharya, IAS, and another official of APIIC, Y.V.L. Prasad to materialise the nefarious deal of allotting the lands to Aurobindo, Hetero and Trident Life Sciences by violating the norms.”
The CBI in the chargesheet has mentioned that Mr Jagan Mohan Reddy “by dishonestly concealing facts regarding the profitability and turnover of his company, solicited the investments at high premium as a bribe and as a quid pro quo from Aurobindo, Hetero and Trident Life Sciences.
from DC

Son manipulated YSR for favours

                                                                                   
Jagan Mohan Reddy misused power during the tenure of his father, the late Y.S. Rajasekhar Reddy, who was the chief minister of Andhra Pradesh from May 14, 2004, until his death. Mr Jagan Mohan Reddy took advantage of his position by procuring favours from the government and misled government officials and ministers into allotting various valuable assets, including SEZ for mining and ports and got approvals for contracts of several land deals for the benefit of his companies and for personal gain.
Taking advantage of his father’s powers and authority, Mr Jagan Mohan Reddy coerced public servants, officials and ministers to illegally favour his aides and his companies at the cost of the public. Moreover, Mr Jagan Mohan Reddy has direct links with many white-collar offenders as well as land grabbers. His role in the offences committed by him and his companies have already been established in the investigation done by the Central Bureau of Investigation and he will be prosecuted according to the law.
No one is above the law in a democratic country like ours. Mr Jagan Mohan Reddy has committed various offences under the Prevention of Corruption Act, Indian Penal Code, the Andhra Pradesh Land Grabbing (Prohibition) Act and Benami Transaction (Prohibition) Act. Hence, an appropriate agency like the Central Bureau of Investigation was directed to investigate the alleged acts of criminal misconduct committed by Mr Jagan Mohan Reddy and his associates during YSR’s tenure.
Following the investigations conducted by the CBI, several illegal acts committed by Mr Jagan Mohan Reddy, his aides and other associates were established. It also came to light that a lot of public property was diverted to private agencies by way of favours in allotment of lands, SEZs, mines, government contracts and that the beneficiaries in turn invested in Mr Jagan Mohan Reddy’s group of companies as quid pro quo. Mr Jagan Mohan Reddy manipulated his father, the then chief minister, to devise various ingenious methods to ensure that the state policy and the state largesse ends up in the hands of private individuals and firms that had business transactions with his family and friends.
It is also alleged that Y.S. Rajasekhar Reddy, who was the pivotal policy maker of the state, had leaked these policies in advance to Mr Jagan Mohan Reddy for personal benefit of individuals and corporates including the firms owned and promoted by Mr Jagan Mohan Reddy and his aides.
In the process of law, every person or entity that has direct or indirect links with those accused of looting public money and property will be punished according to law; besides the properties and money looted which will be recovered, in public interest. Thus, all those involved with Mr Jagan Mohan Reddy. with the objective and intention of looting public money by misleading the government, have committed serious criminal offences by misusing their power and authority.
Nama Nageswara Rao is an MP and TD Parliamentary party leader
from DC

Jagati, others move HC on ad embargo

                                                                               
Jagati Publications, owned by YSR Congress president Y.S. Jagan Mohan Reddy, on Monday filed three separate petitions in the AP High Court, challenging a GO issued by the state government, stopping release of advertisements to the Sakshi newspaper and Sakshi television.
Several employees of the publication also filed pleas. The petitioners contended that the action of the government was illegal and in violation of the Fundamental Rights guaranteed under Article 19 (1) (a) of the Constitution. They said that Jagati Publication is facing a probe for allegedly securing investments from various individuals and companies as a measure of quid pro quo for the favours allegedly made by the YSR government from 2004 to 2009. The petitioners pointed out that no allegations were framed against Jag-ati Publications as a corporate entity.
The petitioners argued that mere indictment in a chargesheet cannot be the ground for withholding the advertisement as any penalty in law or civil consequences would arise only in the event of conviction in a competent court or in the event of a person being found guilty of an offence after trial. They said that the FIR and chargesheet indicated that the allegations were not against the promoters of the company, but against the government of the day.
In such a context, the government too would be an accused, and being a co-accused, it could not have taken a decision to punish an accused, they said. They told the court that the Eenadu publishing house had been facing allegations and proceedings in various courts for violation of law and punitive action ought to have been taken against Ushodaya, the TV station, long before initiation of proceedings against Jagati Publications.
From DC

Jagan to appear in person before CBI court

                                                                     
In a quiet operation in the morning hours of Monday, an official of the Central Bureau of Investigation (CBI) finally served court summons on YSR Congress Party president and Kadapa Member of Parliament Y.S. Jaganmohan Reddy asking him to appear in the special court for CBI cases in Hyderabad on May 28.
The Kadapa MP reportedly told the official that he would go to the court in person though the summon read he could appear “in person or by pleader”.
The summon said Mr. Reddy's attendance was necessary to answer charges under provisions of the Prevention of Corruption Act and the Indian Penal Code. Similar summons have been served by the court to 11 other individuals and corporates.
Mr. Reddy was staying at the guest house of St. John's College of Engineering near Yerrakota on the outskirts of Yemmiganur as part of his three-day tour in the constituency.
According to reports, the lone officer walked into the room of Mr. Reddy around 8.45 a.m., presented the papers, and left. Mediapersons who waited till midnight expecting to capture the episode missed out the event.
They got to know about it only when Mr. Reddy went to the house of Mantralayam MLA Y. Balanagi Reddy in Yemmiganur town around 11.30 a.m. Only a few of Mr. Reddy's personal attendants and tour organisers were present when the official reached the place. Many of them did not suspect him to be a CBI official.
from Hindu

Court summons served to Jagan with breakfast

                                                                                                                                                
Hyderabad:The CBI’s bailiffs finally caught up with Y S Jagan Mohan Reddy early Monday morning and served the summons of the special CBI court in the illegal assets case against him. The Kadapa MP was having breakfast with close associates at St John’s College in Yemmiganur when a CBI DSP finally slipped through the cordon to perform the task assigned to him.
The MP reportedly received the summons without a word and signed on the copy.
Tucking into idlis with Jagan at the time were the renegade TDP MLA from Mantralayam, Y Balanagi Reddy, his brother Sai Prasad Reddy, a former Congress MLA from Adoni.
On tour for the upcoming byelections, Jagan had been provided board at the college overnight. Having tailed the MP for several days, the CBI men waited through the night for an opportune time to serve the summons on their quarry. Expecting juicy footage, the TV crews waited along but decided to call it a day at 2.30 a.m. The CBI sleuths caught a nap and then sprang the notice on the breakfasters, eager to get the job done before the roadshow began to roll again at 10 a.m.
Having received the summons, Jagan went ahead with his tour, making no mention of the summons in any of his speeches. Jagan, or his counsel, will now have to show up in court at 10.30 a.m. on May 28.
Meanwhile in other action on the Jagan Mohan front, the special CBI court dismissed petitions filed by his media companies to lift the freeze on their bank accounts. Dismissing the petitions filed by Jagati Publications, Indira Television and Janani Infrastructure, first additional special court judge T Pattabhirama Rao said the Jagan case was still in a pre-trial stage, and the issue of whether the monies parked in them are legal or illegal would be known only after the trial is over. Therefore, a defreeze was not called for. The counsel for Jagati said his client would go to a higher court.
The Jagan companies were active in the High Court too, filing four writ petitions challenging the state government’s decision to stop ads to them. The petitions are likely to come up for hearing before a vacation court Wednesday.
from IBN Live