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Topic : Yogiraj Krishna matter(CBI enquiry)

Dilip

Posts : 21

Yogiraj Krishna matter(CBI enquiry)
« Posted on : Jul 9, 2008, 10:57:16 AM »

Dear members,

Please find below the Order dtd. 21.05.2008 on above subject.The next hearing in this case is on

09.07.2008.

Thanks & reagards.

Dilip Kumar

9818969908

IN THE HIGH COURT OF DELHI AT NEW DELHI

   21.05.2008

  Present: Mr.K.C. Mittal, Amicus Curiae with Ms. Ruchika Mittal and Mr.
  Sujeet Kumar Singh, Advocates.
  Mr. K.K. Rai, Sr. Advocate with Mr. Sanjay Kumar Pathak, Mrs. K. Kaumudi Kiran,
  Mr. S.K. Pandey and Mr. Bankey Bihari for applicants in CM Nos.7568/2008,
  15387/2006 and 6134/2006.
  Ms. Rekha Palli for applicant in CM No.13285-86/2006
  Mr. Sanjay Katyal for UOI
  Ms.Sujata Kashyap with Ms. Seema Bhaduriya for DDA
  Mr. V.K. Tandon for RCS with Mr. U.K. Vohra, Registrar, Cooperative Societies,
  in person
  Mr. R.N. Bhardwaj for ISI CGHS
  Mr. Harish Gulati for CBI along with Mr. A.K. Malhotra, DIG, CBI


   CM No. 7568/2008 in WP(C)No.10066/2006


  Notice for 9th July, 2008.
  Mr. V.K. Tandon accepts notice.
  WP(C)No.10066/2006



  The Interim Report of the Committee headed by Justice J.P. Singh
  (retired) dated 19.5.2008 has been furnished in the Court. Mr. K.C. Mittal,
  learned Amicus Curiae, submits that the Committee?s emphasis has to be on
  determining the members eligible for allotment in each of the Societies and that
  is their primary task.
  We find that the Committee has framed 10 questions which it proposes
  to consider. These questions, as framed, cover a wide conspectus of the entire
  issue and controversies which arise in the matter. We only wish to emphasize
  that the Committee itself while giving the interim report, has reproduced last
  three paras of the order. Even at the cost of repetition, we would like to
  repeat the portions as reproduced in the report of the Committee.
  ??. As regards dealing with the remaining cases, we constitute a Committee
  consisting of Justice J.P. Singh (retired), as Chairman, DIG CBI, presently Shri
  A.K. Malhotra, Registrar, Cooperative Societies, presently Shri U.K. Vohra and
  Director Land Residential, DDA, presently Shri S.S. Gill as members. The
  Committee shall scrutinize the cases of each of these societies to arrive at its
  conclusion with regard to members who are eligible for allotment. In this
  regard, the Committee may call for any information or documents from any of the
  societies or government department. Mr. A.K. Malhotra, DIG CBI shall have the
  primary responsibility of providing information to the Committee with regard to
  the investigation done by the CBI to arrive at its conclusions. The Registrar
  Cooperative Societies would have the primary responsibility of advising the
  Committee with regard to verification of the memberships and the conditions of
  eligibility and expulsion of members and determining the cases of genuine
  members. The Committee shall also go into the question of forged or genuine
  resignations and while determining that it will also take into consideration the
  payments made by the newly inducted members and the time period, if any, after
  which protest is sought to be made by the resigning members. The Committee may
  also, if it deems fit, invite objections, if any, to the eligible list of
  members of each of the societies as determined by it before making its
  recommendation to the court for its acceptance.?

  The above portion of the order sets out the primary and immediate
  task of the Committee while on the other issues, it may give its comments for
  consideration of the Court. Mr. U.K.Vohra and Mr. A.K.Malhotra have assured the
  Court that the Committee is proceeding with the matter in full swing and
  proposes, as far as possible, to stick to the deadline of 30.6.2008. Mr. Harish
  Gulati, learned counsel for the CBI has also submitted a report and has given
  statistics of the total number of cases in which charge sheets have been filed
  and the total number of cases investigated. As per this report, charge sheets
  have been filed in 149 cases out of 202. An area of concern we notice is that
  in 25 cases, sanction for prosecution is still awaited. Let the CBI furnish the
  details of these cases so that appropriate directions in this regard can be
  given.
  Renotify on 9th July, 2008.
  A letter has been received from Mr. P.R. Vishwanathan, resident of
  B-108, Sector-9, Plot No.4, Dwarka which has been wrongly placed in Vol. 10 of
  this file. Let the same be placed in the file of Cont Cas(C)No.558/2007 for
  appropriate directions on the next date.


   Manmohan Sarin, J.



   Manmohan, J.


  May 21, 2008
  Rk

Dilip
Posts : 21

Yogiraj Krishna matter(CBI enquiry)
« Reply # 1 on : Jul 13, 2008, 8:22:30 AM »

Yogiraj Krishna(CBI enquiry) Hearing on 09.07.2008

Dear members,

Please find below the extract of hearing at Hon'ble Delhi High Court on 09.07.2008.

The next date of hearing in this matter is on 16.07.2008.

Thanks & regards.

Dilip Kumar

This is from Hindustan Times: Dated July 10, 2008

"WHEN THE Delhi High Court probing the Rs4,000crore group housing scam
appointed a high-power committee four months ago to speed up
identification of genuine members, the thousands of families, mostly
in Dwarka, awaiting allotment since many years heaved a sigh of
relief. But on Wednesday, when the Delhi High Court sought to know the
status, it turned out the panel could not move an inch forward with
the task. The reason? Registrar, Cooperative Societies(RCS) U.K.
Vohra, a member of the committee, was of the view scrutinizing of
eligible members was his exclusive domain and the three other members,
including its Chairman (retired High Court judge J.E Singh), had no
business to interfere. With this being the situation, Singh requested
the court to relieve him of the responsibility refused by the Bench.
Presenting his case before a Bench of Justices Manmohan Sarin and
Veena Birbal, Vohra said "the com- mittee will not serve any purpose
and will only delay the whole process. There is no need of it. Where
there are more than 20 objections in a society, an Additional District
Judge can be appointed to assist me." Justice Sarin then asked Vohra
why he had not objected when the committee was formed to which no
convinc- ing reply was forthcoming. The judge made it clear the court
had "formed the intermediate committee considering the past history of
the RCS office where many of the officers were under scanner in the
scam. This was only a safeguard initiated by the High Court". After
hearing out Vohra at length and consulting K.C. Miittal, the amicus
curiae in the matter, Justice Sarin was of the view that some
modification had to be made as a middle path and the noble cause
behind the formation for the committee should not fall victim over the
differences over its constitution "For the fraudulent act of a few why
should innocents suffer? Our obligation ends once the eligible members
are pointed out. Let the RCS take over the burden. Let him do the
spadework and later the committee wW review it". "I too agree. Given
the voluminous task, if the committee themselves begin to consider
each objections in 90 societies, it will take years together", Justice
Sarin said. The Bench also sought legal opinion on whether there is
any impediment in asking the committee to review the findings of the
RCS. The high-level committee formed on March 8 was tasked to identify
genuine original members in around 90 societies under scanner It was
also further empowered to call for any information or documents from
any of the societies or government department."

Dilip
Posts : 21

Yogiraj Krishna matter(CBI enquiry)
« Reply # 2 on : Jul 18, 2008, 6:43:02 AM »

Dear members,

Please find below the court hearing on 16/17.07.2008.The matter is listerd for hearing today.DCS rules,2007 has been discussed in details.The matter is listed once again but,for final disposal on 21.07.2008.

All the best & thanks for support.

AOCAM TEAM

COURT UPDATE

Identify genuine CGHS members fast : HC

Seeks time frame from registrar

Harish V Nair

New Delhi, July 16, 2008.

The Delhi High Court on Wednesday asked the Registrar of Cooperative Societies to specify a time frame within which he can complete the process of identifying genuine members affected

by the Rs. 4,000 crore group housing scam.

A Bench headed by justice Manmohan Sarin, which is looking into the modalities of carrying out the verification , told Registrar U.K. Vohra that once he fixed a time frame, he would have to adhere to it or else he would be “ hauled up in contempt .“ The Registrar will announce the time frame on Thursday.

On March 8, the court had appointed a high-power committee to expedite identification of genuine members as thousands of families, mostly in Dwarka, await allotment since years. But the panel could not go ahead with the task following a rift within.

Registrar Vohra, a member of the committee, felt scrutinizing eligible members was his exclusive domain and the three other members.. including its Chairman , retired High Court Judge J.P.Singh .. had no business to interfere.

The court was upset over the development but acting in the “ larger interest” allowed Vohra to do the “spade work” and then subject his findings to scrutiny by the committee.

But the differences continued. K.C. Mittal, the amicus curiae (lawyer helping the court) in the matter, and the Association of CGHS affected members (AOCAM) were against the Registrar independently handling the verification drive.

TOI. Friday, July 18, 2008

‘Issue notice to weed out bogus co-op members’

[{ HC Directive to Registrar}]

New Delhi : Delhi High Court on Thursday advised the Registrar of Co-operative societies (RCS) to issue a public notice inviting all genuine members of the scam ridden CGHS societies to come forth and be identified as this would ease the RCS’ task of weeding out bogus members.

A Division Bench headed by Justice Manmohan Sarin came up with this advice after the RCS pleaded helplessness in tracing all the members. He told the Bench that in the intervening years many members had changed their residences and contact information which made it very difficult for his office to trace them. “ If the entire list of members is published in a news paper, it would ease the task of identifying members which in normal course will take at least 8-10 weeks,” HC was informed during the hearing.

The court has demanded a time frame from the RCS by which he could identify the genuine ones reeling under the impact of the multi-crore group housing scam. Unhappy that a committee appointed to do this job was unable to progress. HC threatened to haul the RCS for contempt of the proposed deadline. TNN

Dilip
Posts : 21

Yogiraj Krishna matter(CBI enquiry)
« Reply # 3 on : Jul 25, 2008, 7:41:12 AM »

Dear members,

The hearings have been taken place on 9th.16th,17th,21th,23rd & 24th of this month..AOCAM has vehemently argued for early allotment of flats through our Advocates.We are happy to inform the members that we are able to take a time frame of 3 months for the RCS to identify all the genuine members of 57 societies which are under CBI scanner since the last 3 years & after that, this list will be sent to a commitee appointed by Hon'ble Delhi High Court for final approval & then finaly sent to DDA for allotment.The arguements in this connection were completed.We are waiting for the certified copy of the Order.The list of 57 societies prepared by RCS has been handed over to Hon'ble Delhi High Court & also given to our advocates for confirmation/represntation by AOCAM.Those who want to see the name of their societies, they may please feel free to confirm it on Sunday between 4.00 P.M. & 6 P.M. at Ashadeep APT.,Plot no. 3B,Sector-2,DWARKA.

The news article dtd. 22.07.2008 of HT find below & a Mail Today article at page-6 of today may kindly see in this regard.

Thanks for support to AOCAM & all the best.

AOCAM TEAM

Confidence vote fever reaches court

Harish V.Nair

New Delhi , July 21

The FEVER of confidence vote in the Parliament seemed to have gripped the attention of Delhi High Court on Monday.“those who support ‘yes’ and those don’t say ‘no’, let there be no defection.” Said Justice Manmohan Sarin to lawyers standing for various parties during a hearing of the Rs.4,000 Crore Group Housing Scam sending the court-room into peels of laughter.

“Let us take it up like a confidence vote.”

Justice Sarin, who had initiated steps to identify Genuine Members in 58 Societies for allotments of flats, made the comment after putting forward the two viewpoints that emerged during arguments on the modalities to be followed for the process.

The Registrar of Cooprative Societies, U.K.Vohra, who has been entrusted with the task, said it would take at least three months to complete it.

He said each society had to issue advertisements in Newspapers giving details of incumbent and former members, Justice Sarin used the Parliamentary jargons to elicit the view of various parties on Vohra’s suggestion.

When it was found that there was overwhelming objection to Vohra’s suggestion, Justice Sarin told him, “ Mr. RCS, you are losing the confidence vote.”

K.C. Mittal, the lawyer assisting the court as the’amicus curiae’ and the lawyers appearing for many aggrieved societies, said there had been enough scam surrounding the office of the RCS and it could not be independently allowed to handle the verification.

They were also of the view that the list should not just carry the names of the current members, but also all those former members for a detailed verification.

“There is also a Third Front, Your Lordship,” said the lawyer representing Association of CGHS Affected Members ( AOCAM ). He wanted inclusion of societies being investigated by the CBI or against whom criminal cases had been registered and grant its members “ provisional allotment.’

The Court had in March appointed a four-member committee headed by a retired high-court judge, J.P.Singh , to speed up Identification of Genuine Members. But it could not go ahead following the rift within as Vohra wanted to do the job himself. following this.

Dilip
Posts : 21

Yogiraj Krishna matter(CBI enquiry)
« Reply # 4 on : Aug 5, 2008, 2:34:46 AM »

IN THE HIGH COURT OF DELHI AT NEW DELHI

   24.07.2008
  Present: Mr.K.C. Mittal, Amicus Curiae with Mr.Surjeet Kumar Singh
  Mr. K.K. Rai, Sr. Advocate with Mr.Sanjay Kumar Pathak and Mr. Vinod
  Kumar for applicants in CM Nos. 7568/08, 15387/06 and 6134/2006
  Ms. Rekha Palli for the applicants in CM Nos.13286-87/2006 and for Chinar
  CGHS
  Sanjeev Ralli for Jan Vikas CGHS
  Mr. R.N.Bhardwaj for ISI CGHS, Ram Dev CGHS, Joint Living CGHS, Sarvotam CGHS
  and Rose Marry CGHS
  Mr. V.K. Tandon for RCS
  Ms. Sujata Kashyap for DDA
  Mr. U.K Vohra, Registrar, Cooperative Societies in person


  Mr. A.K.Malhotra, DIG, CBI in person


   WP(C)No.10066/2004

  Arguments heard on directions to be given.
  Order reserved.


   Manmohan Sarin, J.



   Veena Birbal, J.
  July 24, 2008
  Rk

SK
Posts : 2

Yogiraj Krishna matter(CBI enquiry)
« Reply # 5 on : Aug 24, 2008, 10:58:24 AM »

In last hearing RCS told HC that, they would put Advertisement for those 57 Societies in next 15 days, but even after 1 month no such notice is seen. Do you have any updates on this. Please post it here.

Thanks

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