Vijay Mallya sentenced to 4 months jail by Supreme Court \
5 min read
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Vijay Mallya sentenced to 4 months jail by Supreme Court

11-Jul-2022
New Delhi [India], July 11 (ANI): The Supreme Court on Monday sentenced fugitive businessman Vijay Mallya to four months jail term and imposed a fine of Rs 2000 on him. Mallya was found guilty of contempt of court in 2017 for withholding information from it.
11-Jul-2022 National
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Mullaperiyar Dam matter Tamil Nadu says dialogue on SC to hear matter on Mar 31 \
4 min read
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Mullaperiyar Dam matter Tamil Nadu says dialogue on SC to hear matter on Mar 31

29-Mar-2022
New Delhi Mar 29 PTI The Supreme Court on Tuesday said it would hear the Mullaperiyar Dam matter on March 31 after the Tamil Nadu government informed it that they have had some dialogue on the issue which is going onWe understand the complexities of it We can give time a bench headed by Justice A M Khanwilkar said after senior advocate Shekhar Naphade appearing for Tamil Nadu requested that the matter be heard on ThursdayThe apex court is hearing arguments on the pleas raising issues pertaining to the Mullaperiyar Dam which was built in 1895 on the Periyar river in Idukki district of KeralaAt the outset Tamil Nadus counsel told the bench also comprising Justices A S Oka and C T Ravikumar that the matter be taken up for hearing on ThursdayWe have had some dialogue and it is on he saidSenior advocate Jaideep Gupta appearing for Kerala said that Tamil Nadu has given them something and they are working on itThey have given us something We are working on it We will give it to them It will take just a little longer than we thought Gupta saidNo issues the bench said and posted the matter for hearing on March 31On March 24 the top court had suggested to Tamil Nadu and Kerala that issues regarding structural safety of the 126-year-old Mullaperiyar Dam can be left to be dealt with by the supervisory committee which can be strengthenedThe apex court had observed that issue raised by Kerala which has said that process for setting up a new dam in the downstream reaches of the existing dam should start can be debated discussed and resolved by the supervisory committee which can make its recommendation on thisThe bench had observed that a holistic approach should be adopted and a comprehensive measure should be there to strengthen the systemThe counsel appearing for Tamil Nadu had told the bench that he would take instructions on this issue as these are sensitive matters He had said the state of Tamil Nadu is interested in retaining the damThe bench had said the issue is affecting both the states and they can work out a mechanism so that interest of both the sides is secured and nobody blames each otherThe counsel appearing for Kerala had last week told the bench that the process for setting up a new dam in the downstream reaches of the existing dam should start and the upper rule level of Mullaperiyar Dam should be 140 feet and not 142 feetThe Kerala government had earlier told the apex court that no amount of rejuvenation can perpetuate the dam and there is a limit to the number of years one can keep dams in service through maintenance and strengthening measuresIn its response to the affidavit filed by Kerala the state of Tamil Nadu had earlier said that repeated assertion of Kerala and petitioners from there in the pleas filed from time to time seek to decommission of the existing dam and construction of a new dam which is wholly impermissible in the light of the apex court verdict on the safety of the damThe dam has been found to be hydrologically structurally and seismically safe Tamil Nadu had said PTI ABA ABA DV DV
29-Mar-2022 National
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Mullaperiyar dam Supervisory committee can deal with structural safety issue suggests SC \
7 min read
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Mullaperiyar dam Supervisory committee can deal with structural safety issue suggests SC

24-Mar-2022
New Delhi Mar 24 PTI The Supreme Court Thursday suggested to Tamil Nadu and Kerala that issues regarding structural safety of the 126-year-old Mullaperiyar dam can be left to be dealt with by the supervisory committee which can be strengthenedThe apex court observed that issue raised by Kerala which has said that process for setting up a new dam in the downstream reaches of the existing dam should start can be debated discussed and resolved by the supervisory committee which can make its recommendation on thisWhile hearing arguments on the pleas raising issues pertaining to Mullaperiyar dam which was built in 1895 on the Periyar river in Idukki district of Kerala a bench headed by Justice A M Khanwilkar said a holistic approach should be adopted and a comprehensive measure should be there to strengthen the systemNow the experience shows that there is still difference of opinion there is still miscommunication between the parties and there is apprehension about the safety issue everywhere So why not have this supervisory committee itself doing the work of what you are expected to do said the bench also comprising Justices A S Oka and C T RavikumarIt is something like outsourcing it to supervisory committee so that the supervisory committee is finally accountable for all this what is required to be done the top court saidSenior advocate Shekhar Naphade appearing for Tamil Nadu said the purpose of the supervisory committee was to ensure that all necessary steps are taken and he would take instructions on this issue as these are sensitive mattersHe said the state of Tamil Nadu is interested in retaining the damThe bench observed that the issue is affecting both the states and they can work out a mechanism so that interest of both the sides is secured and nobody blames each otherAll this can be left to the supervisory committee If the directions issued by the supervisory committee are not carried out we will say time line will be provided The supervisory committee can itself do that instrumentation work because the grievance is that instrumentation has not been done it observedIt said the activities relating to structural safety should be the responsibility of the supervisory committee which can issue directions to both the states to do what is required to be doneThe accountability has to be there It has to be fastened otherwise the consequences may be disastrous the bench observedRegarding Keralas submission about construction of a new dam the bench said If the supervisory committee so feels that stability issue can be addressed better by having one more dam like baby dam has been created that recommendation the supervisory committee can make and that will be binding on both the states An advocate appearing for the supervisory committee told the bench that she is being led by Additional Solicitor General Aishwarya Bhati in the matterThe lawyer said the recommendations passed by the supervisory committee after discussion with both the states are not being followed and the directions passed are not implementedThe bench said it can have some accountability on the chief secretaries of the statesThe communication can be sent by the supervisory committee to the concerned department and the chief secretaries of the states so that the chief secretary will be made accountable for non-compliance and it will be treated as contempt of court The bench observedSenior advocate Jaideep Gupta appearing for Kerala continued his arguments in the matter and referred to the rule curve and safety issuesThe bench said the structural safety issue has to be gone into by the expertsIt said the supervisory committee can be strengthened and time lines for every activity every direction given by the panel and someone accountable if it is not implemented has to be thereThe bench posted the matter for March 29 and asked both the parties to give a road map which can be accepted and made part of the court orderWhen an advocate appearing for one of the petitioners argued about functioning of the supervisory committee the bench said We cannot permit you to question the supervisory committee constituted by this court Whether it is safe or unsafe it is for the experts to define that it said adding Dont create a situation that it becomes unresolvable The counsel appearing for Kerala had on Wednesday told the bench that the process for setting up a new dam in the downstream reaches of the existing dam should start and the upper rule level of Mullaperiyar dam should be 140 feet and not 142 feetThe Kerala government had earlier told the apex court that no amount of rejuvenation can perpetuate the dam and there is a limit to the number of years one can keep dams in service through maintenance and strengthening measuresIn its response to the affidavit filed by Kerala the state of Tamil Nadu had earlier said that repeated assertion of Kerala and petitioners from there in the pleas filed from time to time seek to decommission of the existing dam and construction of a new dam which is wholly impermissible in the light of the apex court verdict on the safety of the damThe dam has been found to be hydrologically structurally and seismically safe Tamil Nadu had said PTI ABA SA
24-Mar-2022 National
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Issue to be addressed on safety of Mullaperiyar dam is what quantity of water it can withstand SC \
7 min read
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Issue to be addressed on safety of Mullaperiyar dam is what quantity of water it can withstand SC

23-Mar-2022
New Delhi Mar 23 PTI The Supreme Court Wednesday said it is not deciding about the distribution of water as the issue is regarding safety of the 126-year-old Mullaperiyar dam and the first question to be addressed is what quantity of water the reservoir can withstandWhile hearing arguments on the pleas which have raised issues pertaining to the dam which was built in 1895 on the Periyar river in Idukki district of Kerala the apex court said that rule curve may be the most crucial issue for deciding about safety of the damThe counsel appearing for Kerala told a bench headed by Justice A M Khanwilkar that the process for setting up a new dam in the downstream reaches of the existing dam should start and the upper rule level of Mullaperiyar dam should be 140 feet and not 142 feetSenior advocate Jaideep Gupta appearing for Kerala told the bench that the issue is not about sharing of water but it relates to the safety of the damFrankly we are not here deciding about the distribution of water That is very clear The only issue is about safety of dam The first question to be addressed is this dam can withstand what quantity of water That quantity is defined in the form of rule curve said the bench also comprising Justices A S Oka and C T RavikumarGupta argued that Kerala is before the apex court saying that the dam is not safe as it standsThe bench said the state has broadly raised four points -- height of water level release of water and modalities for that modernisation of the instrumentation and regular supervision and maintenance of the damThe states counsel said there are one or two other issues and Kerala has suggested that the supervisory committee should be re-constituted and its functions should be expandedGupta said they have suggested that both states Kerala and Tamil Nadu should have their technical members in the committeeHe said the other long standing issue as far as Kerala is concerned is that the process for setting up a new dam has to startThe bench observed that the central governments presence is essential for thatIt is our submission that the correct remedy in the long term is construction of a new dam just downstream Gupta said adding Once the dam is ready the existing dam can be discontinued and the new dam will take over He said the instrumentation is inadequate and what is there is not functioningInstrumentation is the only way to track the safety of a dam he said during the hearing which would continue on ThursdayAs I said the dispute is not relating to sharing of water It is relating to dam safety Kerala is before your lordships saying that the dam is not safe as it stands Safety depends upon the height of the water in the reservoir There are very factors Gupta saidHe said the peak level should be 140 feet and not 142 feet as at the peak of monsoon if the level is kept at 142 feet and the monsoon continues it goes beyond 142 feetThe bench observed that this issue of upper level has been considered by the apex court earlierIf it is decided unless there is change in circumstances why it needs to be changed the bench askedKeralas counsel said there is change in circumstances according to them and the climate change which is seen in the region is one of them140 feet is the correct level Two feet cushion has to be kept he said adding that climate change problem is very critical and from 2017 the rainfall pattern in the area has changedNow this aspect has to be taken into consideration in deciding whether everything that was decided in the past is to remain or we should look at something he saidKeralas counsel told the bench that after all this is not between two the states as we are all citizens of India and if even one citizen of India is in danger then whoever will be the authority will be concerned At the outset the bench said this is not an adversarial litigation and what are the issues that really needs to be addressed have to be seen and gone intoWe are not going to decide here political issues the bench saidIt said all the parties before it in the matter will be heard The Kerala government had earlier told the apex court that no amount of rejuvenation can perpetuate the dam and there is a limit to the number of years one can keep dams in service through maintenance and strengthening measures It had said the only permanent solution for removing the eternal threat owing to the safety concerns of the dam and for protecting the safety of lakhs of people living the downstream of Mullaperiyar dam is to build a new dam in the downstream reaches of the existing damIn an affidavit filed before the apex court the Kerala government had urged that the proposal to fix the upper rule level of Mullaperiyar dam at 142 feet on September 20 as formulated by Tamil Nadu may be avoidedIn its response to the affidavit filed by Kerala the state of Tamil Nadu had earlier said that repeated assertion of Kerala and petitioners from there in the pleas filed from time to time seek to decommission of the existing dam and construction of a new dam which is wholly impermissible in the light of the apex court verdict on the safety of the damThe dam has been found to be hydrologically structurally and seismically safe Tamil Nadu had said PTI ABA SA
23-Mar-2022 National
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Contempt case: SC gives last opportunity to Vijay Mallya to defend himself; hearing adjourned for Feb 24 \
6 min read
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Contempt case: SC gives last opportunity to Vijay Mallya to defend himself; hearing adjourned for Feb 24

10-Feb-2022
New Delhi [India], February 10 (ANI): The Supreme Court on Thursday granted the last opportunity of two weeks to fugitive businessman Vijay Mallya to personally or through counsel present his stand in the contempt case against him and if he fails to do so the court will take the matter to a logical conclusion.
10-Feb-2022 National
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Waited sufficiently long cant be waiting any longer for Vijay Mallya SC fixes Jan 16 for sentence hearing in contempt case \
8 min read
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Waited sufficiently long cant be waiting any longer for Vijay Mallya SC fixes Jan 16 for sentence hearing in contempt case

30-Nov-2021
New Delhi Nov 30 PTI The Supreme Court on Tuesday observed it has waited sufficiently long enough and cant now be waiting any longer for fugitive businessman Vijay Mallya held guilty of contempt in 2017 and said it will finally proceed with the sentencing aspect on January 18 next whether he appears or not Noting that Mallya who is presently in the United Kingdom UK was held guilty of contempt in 2017 and the matter was thereafter to be listed to hear him on the proposed punishment to be awarded to him a bench headed by Justice U U Lalit also said the contempt case has to see the light of the day at some stage or the other and the process must also get over The 65-year-old businessman wanted in India on fraud and money laundering charges is in the UK since March 2016 and is on bail on an extradition warrant executed by Scotland Yard on April 18 2017 The liquor baron is an accused in the bank loan default case of over Rs 9000 crore involving his defunct Kingfisher Airlines The top court had last year dismissed Mallyas plea seeking review of its May 9 2017 verdict which held him guilty of contempt for transferring USD 40 million to his children in violations of the court orders The apex court noted that as per an office memorandum under the signature of Deputy Secretary extradition of the Ministry of External Affairs MEA placed before it the proceedings for extradition have attained finality and Mallya has exhausted all avenues for appeal in the UK The bench also comprising Justices S R Bhat and Bela M Trivedi noted that the November 30 office memorandum also refers to proceedings pending in the UK which are stated to be confidential and as such no details are getting disclosed What we wish to do is we will list this matter for disposal in second week of January because we have waited sufficiently long enough we cant now be waiting any longer It has to see the light of the day at some stage or the other and the process must also get over the bench observed during the hearing The court said it will list the matter in January for disposal and at that juncture if Mallya wants to take part personally he will be here through the extradition proceedings and in case he is not the bench will hear the submissions of his lawyer In its order the top court said Mallya is at liberty to advance the submissions and if for any reason he is not present before the court lawyer on his behalf can advance submissions The bench noted that Mallya was held guilty of contempt in 2017 but because of certain proceedings which at the relevant time were going on in courts of law in the UK his presence could not be secured despite directions issued by the apex court The top court requested senior advocate Jaideep Gupta to assist it as an amicus curiae in the matter The matter shall be dealt with finally on January 18 2022 it said Noting that the office memorandum placed before it refers to certain proceedings which are stated to be confidential the bench said it appeared that these are the same proceedings which were referred to in the November last year order When the matter was taken up for hearing at 2 PM Solicitor General Tushar Mehta appearing for the Centre told the bench that he has just received a communication from the MEA The communication was placed before the bench which perused it When the matter was taken up for hearing during the pre-lunch session the apex court said it proposes to go ahead with the contempt matter and list it for hearing on sentencing What we propose to pass an order that we will list the matter for hearing on sentence because the advocate for Mallya continues to appear So therefore there is no embargo on hearing the advocate on sentence We will go ahead with that the bench said Advocate Rajat Nair appearing for the Centre then told the bench that he is being led by the Solicitor General who is arguing before another court He Mehta has the instruction He has already spoken to the concerned authorities in the MEA If this matter can be taken up tomorrow or day after he will make submissions advocate Nair told the apex court The bench then said that it would take up the matter for hearing at 2 PM during the day On January 18 this year the Centre told the top court that the government is making all efforts to extradite Mallya from the UK but the process is being delayed due to some legal issues involved in the matter The MEA has raised the issue of extradition with the UK government and the Centre was making all serious efforts to extradite Mallya Mehta had said On November 2 last year the top court had asked the Centre to file a status report in six weeks on the confidential legal proceedings pending in the UK on extradition of Mallya to India The Centre had on October 5 last year told the apex court that Mallya cannot be extradited to India until a separate secret legal process in the UK which is judicial and confidential in nature is resolved The Centre had in October last year also said it is not aware of the secret on-going proceedings against Mallya in the UK as the Government of India is not party to the process The Centre had earlier given details of the extradition proceedings against Mallya starting from February 9 2017 till dismissal of his appeal against extradition in UK on May 14 last year and said that he has thus exhausted all avenues of appeal in the UK The Centre had said that following the refusal of leave to appeal Mallyas surrender to India should in principle have been completed within 28 days but the UK home office intimated that there is a further legal issue which needs to be resolved before Vijay Mallyas extradition may take place PTI ABA SA GSN GSN GSN
30-Nov-2021 National
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Contempt matter involving Vijay Mallya to be dealt with finally on Jan 18 SC \
2 min read
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Contempt matter involving Vijay Mallya to be dealt with finally on Jan 18 SC

30-Nov-2021
New Delhi Nov 30 PTI The Supreme Court Tuesday said the contempt matter involving fugitive businessman Vijay Mallya accused in bank loan default case of over Rs 9000 crore involving his defunct Kingfisher Airlines will be dealt with finally on January 18 next year Observing that the apex court has waited sufficiently long a bench headed by Justice U U Lalit said We cant be waiting any longer nowThe bench noted that Mallya was held guilty of contempt in 2017The bench also comprising Justices S R Bhat and Bela M Trivedi said Mallya is at liberty to advance submissions as are deemed appropriate and if for any reason he is not present before the court lawyer on his behalf can advance submissionsWhat we wish to do is we will list this matter for disposal in second week of January because we have waited sufficiently long enough we cant be waiting any longer now It has to see the light of the day at some stage or the other and the process must also get over the bench saidThe top court requested senior Jaideep Gupta to assist it as an amicus curiae in the matterThe apex court had earlier dismissed Mallyas plea seeking review of its 2017 verdict which held him guilty of contempt for transferring USD 40 million to his children in violations of the court ordersOn January 18 this year the Centre told the top court that the government is making all efforts to extradite Mallya from the United Kingdom but the process is being delayed due to some legal issues involved in the matterMallya an accused in bank loan default case of over Rs 9000 crore involving his defunct Kingfisher Airlines is in the UK since March 2016 He is on bail on an extradition warrant executed three years ago by Scotland Yard on April 18 2017 PTI ABA SA
30-Nov-2021 National
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