SC stays Lokpal order to entertain complaints against sitting HC judge, says its 'very disturbing'
New Delhi (PTI): The Supreme Court on Thursday stayed the Lokpal order entertaining complaints against a sitting high court judge, terming it "something very, very disturbing" and concerning the independence of the judiciary.
A special bench headed by Justice B R Gavai issued notice and sought responses from the Centre, the Lokpal registrar and the person who has filed complaints against the sitting high court judge.
Solicitor General Tushar Mehta, appearing for the Centre, said a high court judge would never fall within the ambit of the Lokpal and Lokayuktas Act, 2013.
The bench, also comprising Justices Surya Kant and Abhay S Oka, issued an injunction to prevent the complainant from disclosing the name of the judge and directed him to keep the complaint filed by him confidential.
The apex court was dealing with a suo motu proceedings initiated over the January 27 order passed by the Lokpal.
"Issue notice to the Union of India, the registrar of Lokpal and the complainant. The registrar (judicial) is directed to mask the identity of the complainant and serve him through the registrar (judicial) of the high court where the complainant resides," it said.
"In the meantime, there shall be stay to the impugned order," the bench said.
As soon as the special bench assembled, Justice Gavai told Mehta, "We propose to issue notice to the Union of India."
Senior advocate Kapil Sibal, who also appeared in the matter, said he would like to assist the bench in dealing with the matter.
"Something very very disturbing," Justice Gavai remarked.
It is fraught with danger, Sibal said while seeking a stay on the Lokpal's order.
He said, "I think a law should be laid down."
The bench said the matter would be heard again on March 18, subject to directions of the chief justice of India.
The bench noted that Sibal and another senior advocate had offered to assist the court "since the matter is of a great significance concerning the independence of judiciary".
"Once the finding that the Lokpal has a jurisdiction stands stayed, I think they are aware what are the ramifications of this order. If they don't understand this, then we are here," Justice Gavai observed.
The Lokpal passed the order on two complaints filed against a sitting additional judge of the high court. The complaints alleged that he influenced an additional district judge in the state and a judge of the same high court who had to deal with the suit filed against the complainant by a private company to favour that firm.
It was alleged that the private company was earlier a client of the named high court judge while he was practising as an advocate at the Bar.
In its order, the Lokpal directed the complaints and relevant materials received in its registry in two matters be forwarded to the office of the CJI for his kind consideration.
"Awaiting the guidance of the Chief Justice of India, consideration of these complaints, for the time being, is deferred until four weeks from today, keeping in mind the statutory time frame to dispose of the complaint in terms of Section 20 (4) of the Act of 2013.
"We make it amply clear that by this order we have decided a singular issue finally -- as to whether the judges of the high court established by an Act of Parliament come within the ambit of Section 14 of the Act of 2013, in the affirmative. No more and no less. In that, we have not looked into or examined the merits of the allegations at all," the Lokpal bench headed by Justice A M Khanwilkar said on January 27.
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ED arrests Sandeepa Virk, 'cosmetologist' for alleged money laundering
New Delhi, Aug 13 (PTI): The Enforcement Directorate said on Wednesday it has arrested a woman, who claims to be an actor and a cosmetologist, under the anti-money laundering law in a case of alleged fraud and misrepresentation.
The agency said the purported links of the woman, Sandeepa Virk, with a Reliance Group executive, Angarai Natarajan Sethuraman (President, Corporate Affairs), are also under its scanner. Sethuraman, in a statement, denied any connection with Virk or any transactions related to her.
Virk was taken into custody under the Prevention of Money Laundering Act (PMLA) on Tuesday after searches were conducted against her and her associates in Delhi and Mumbai over the last two days.
A special court sent her to the ED's custody till August 14, the agency said. The woman claims to be the owner of a skin care products selling website named hyboocare.com, which the ED claimed was a "front" for money laundering.
She and her associates are being probed for allegedly exerting undue influence through "misrepresentation" and "defrauding" individuals by soliciting money under false pretences.
According to an Instagram ID of Virk, she is an actor and entrepreneur and the founder of the said website.
The federal agency said in a statement that the woman was also "in touch with" Sethuraman, former director of erstwhile Reliance Capital Limited.
She was communicating with him regarding "illegal liaisoning", the ED claimed, adding that the searches at Sethuraman's residence "confirmed" these allegations.
"Besides, diversion of funds for personal benefit has also been unearthed during the course of the search action," it said.
The ED alleged that public money worth about Rs 18 crore belonging to Reliance Commercial Finance Limited (RCFL) was disbursed to Sethuraman in 2018 by "flouting" prudent lending norms.
The funds were lent under terms that allowed a deferment of the principal amount as well as the interest, with multiple waivers granted and no due diligence conducted, it said.
The ED claimed that besides this, a home loan of Rs 22 crore was provided by Reliance Capital Limited by "violating" the prudential norms. "A large part of these loans are seen to have been eventually siphoned off and remained unpaid," it alleged.
Sethuraman, in a statement, dismissed the allegations as "baseless". He denied any connection with Virk or any transactions related to her.
Detailing about Virk's web portal, the agency said it purportedly sold FDA-approved beauty products. However, the ED said the products listed on the website have been found to be non-existent and the portal lacks a user registration option and is plagued by persistent payment gateway issues.
A scrutiny of the website uncovered minimal social-media engagement, an inactive WhatsApp contact number and an absence of transparent organisational details, all of which reinforce the finding of "non-genuine" commercial activity, the ED claimed.
"These factors, including limited product range, inflated pricing, false claims of FDA approval and technical inconsistencies, indicate that the website serves as a front for laundering funds," it said.
Another social media-hosted bio data of the woman said she is a certified cosmetologist.
The ED said several "incriminating" documents were seized during the searches and the statement of a man named Farrukh Ali, stated to be an associate of Virk, was recorded.
The money-laundering case stems from an FIR lodged by the Punjab Police.
Sethuraman said that the home loan he received from Reliance Capital was granted following due process and was secured by the property offered as collateral.
