Category Archives: Supreme Court

Main LEGAL between 2G and CoalGate Allotment- Difference between Fraud and Fraudulent Policy and Powers of Court to Cancel allotment

Standard

I am not a Legal Eagle. I am a very low profile advocate. But I see difference between 2G and Coalgate.

First Principle of Law

Court has full power to set aside “Decision Making Process”

but

has limited power to cancel a “policy of Government.”

2G Scam

Here some people were given advance information on Declaration of policy of First Come First Served. When policy was declared, some people had already prepared bank drafts for deposit money. It was an outright fraudulent act, confirmed by subsequent transfers of licenses.

Therefore, Supreme Court has power to cancel it.

COALGATE

Here, a policy was there.

Policy was not challenged for years by anyone.

A screening committee was appointed for examining merits of case.

Only those licenses can be cancelled where 1) False details are given 2) Collusion with members of screen committee is found.

AND IF YOU WANT TO

If you want to cancel all CoalGate licenses, you have to further prove that (1) Policy was fraudulent (2) Entire Screening Committee functioned in fraudulent manner (3) No criteria was fixed (4) Kickbacks are visible. (5) Screen Committee was just a MASK (6) What you cannot do directly, you cannot do it indirectly by setting up a Committee.

This is a tough legal task.

Haresh Raichura
8/9/2012

Under Right to Information Act, what to do if required information is not furnished?

Standard

Under Right to Information Act, what to do if required information is not furnished?

When this issue arose, it is now upheld by SC that Commissioner cannot order disclosure of Information, though he can impose heavy penalty. The Act does not give such powers to force government to disclose specific details, but it can certainly impose heavy penalty on Govt body.

For specific details or information, In my views

1) High Courts have power under Art 226 to direct disclosure of information.

Supreme Court can pass orders to call for records and to file affidavit disclosing specific points.

2) It is also my view that Civil Court can pass orders under provisions of interrogatories to produce documents and disclosures.

More on this can be found in judgement dated 12.12.2011 in case of Chief Information Commissioner versus State of Manipur on website of Supreme Court.

Judgement can be on Google and can also be found in 2011(13)Scale 460

Haresh Raichura
6/9/2011