Raju ramachandran economic times forex
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His view is that a significant vote for NOTA will ensure that political parties do not choose candidates with doubtful credentials, and that by giving an incentive to lazy and cynical voters to come and vote, it will reduce bogus voting. There are several assumptions in the article, which are debatable. First, let us assume that in an election there is a substantial vote for NOTA. How does this lead to political parties fielding less dubious candidates in a future election?
Even now, without NOTA that is, NOTA not being secret , can we say that political parties field dubious candidates because they are unaware that a substantial section of voters may not approve such candidates? The answer is parties do so because of their own sense of electoral arithmetic of a constituency. This sense is unlikely to change, whatever the NOTA data shows.
If 60 percent of the electorate choose NOTA, as RR himself admits, the winner will be chosen out of the 40 per cent vote. They will continue to field them, if they know that the 60 per cent of the electorate who voted NOTA does not matter, as their vote is equivalent to invalid votes. There could be a discrepancy about the time of the meeting on On the other hand, I am of the view that Shri Bhatt needs to be put through the test of cross-examination, as do the others who deny his presence.
Though the SIT, as the investigating agency, has taken a view, the question whether Shri Bhatt was present at the meeting on It would not be correct to disbelieve the version of Shri Bhatt, at this prima facie stage, 14 on the various grounds set out by the SIT or because other participants in the meeting have denied either categorically, or to the best of their memory his presence and the alleged statement made by Shri Modi.
If Shri Bhatt stands the test of cross-examination, then regardless of the fact that other witnesses have not supported his statement, a court of law may return a finding that Shri Bhatt indeed was present at the meeting on Under the Cr. Section Cr. Damani vs. Sinha, 5 SCC ] The stage for believing or disbelieving a witness arises after trial i.
It would not be correct to conclude, at this stage, that Shri Bhatt should be completely disbelieved unless there is clinching material available to the contrary, for example, if there is indisputable material which proves that he was not present at the meeting, but somewhere else. No such material has been found. Hence, it cannot be said, at this stage, that Shri Bhatt should be disbelieved and no further proceedings should be taken against Shri Modi.
I reiterate here that I am fully conscious of the fact that the statement made by Shri Bhatt has possible limitations inter alia a the delay of 9 years in coming out with his version, and b the statements of other senior officers contesting his claim. I am also fully conscious of the fact that Shri Bhatt has made attempts to get other witnesses i.
Shri Tarachand Yadav, Shri K. However, it is ultimately for the competent court to decide whether Shri Bhatt is to be believed or not. As long as some material indicates that the allegation may be true, the case must proceed further in accordance with law. Gondia, the then Deputy Commissioner of Police, Zone — IV Ahmedabad and has reiterated its view that no criminal offence is made out against these officers.
I had, in my note dated I have gone through the statements recorded by the SIT, and also discussed the same in my interaction with the witnesses and the SIT. Tandon not to have rushed back to Gulberg after 2 P. In any event, there is a complete absence of any supervision by him of the situation in 17 the Gulberg area between 2 P. Gondia to have left Naroda Patiya area at P. I am not able to persuade myself to agree with this conclusion, and am of the view that a case under Section A IPC as well as under Section IPC is made out, at this prima facie stage.
It has been brought to my notice that, on the basis of evidence led during the course of trial in the Gulberg Society case, an application under Section Cr. Pande, Shri M. Tandon and Shri P. Gondia, as accused, to face charges inter alia under Section IPC.
The trial court, however, made the following order on the said application on Tondon and other police officers and other persons may be arranged as accused or not and 18 therefore at this stage this Court cannot entertain this application. I am not privy to the evidence led before the Trial Court which purportedly goes to show that there is criminal liability of the said police officers.
It is respectfully submitted that, since the SIT has conducted a statutory investigation under Section 8 Cr. The next question which arises is that, if the statement of Shri Bhatt is to be believed, then what offence s are made out against Shri Modi. The direct role of Shri Modi is limited to allegedly making this statement on Though it is alleged that, with a view to ensuring that his instructions were carried out by the Police Department, Shri Modi had positioned 2 of his cabinet colleagues at the State Police Control Room and the Ahmedabad City Police Control Room respectively, the SIT has come to the conclusion that the Ministers did not interfere in any manner with the functioning of the Police.
The material collected by the SIT does not indicate that these 2 ministers interfered with the working of the police department at the time the riots were taking place. However, there is the possibility that the very presence of these 2 Ministers had a dampening effect on the senior police officials, i.
This is again one of the circumstances which can be taken into account and examined during the course of trial. There is however no information to establish that they interfered with police operations during the time they were there. Nor is there information that this arrangement was at the instance of the Chief Minister himself, although there is every likelihood that this had at least his tacit approval. It is quite possible that DGP Chakravarthi was unhappy with this arrangement. He has, however, denied that he 20 ever gave expression to his resentment, as suggested by Shri R.
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