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Tipping the scale: How statutory body meant to thwart monopolies may be flouting regulatory norms, defeating purpose of Insolvency Laws

Nupur J Sharma
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Tipping the scale: How statutory body meant to thwart monopolies may be flouting regulatory norms, defeating purpose of Insolvency Laws

Liberalised economies have the potential to unleash the potential of industries and businesses, however, that potential can only be realised when these markets are fair and competitive. Fundamentally, competition not only pushes companies to maximise their potential but also ensures that the end user is provided with the best services and/or products at the best market price. However, one of the greatest detriments to industry competition is that one big bulwark indulges in predatory practices to drive competition away. 

Let’s simplify that with a sports example. In boxing,  a weight class is the measurement weight range for boxers. There are several weight categories – from Flyweight to Heavyweight. Flyweight is usually about 52 kgs and heavyweight upper limit stands at 91 kgs. Now, why do these weight classes exist and why can’t a heavyweight contender fight in a Flyweight category? It’s pretty simple. If you have two boxers who are 52 kgs, the battle is to determine first among equals. However, if you have a boxer weighing 52 kgs fighting a heavyweight contender weighing 91 kgs, in all probability, it would not even be a fight. There would be no competition at all. It would mostly be the heavyweight contender railroading the fighter weighing 52 kg. These rules in boxing exist so 92 kgs bulwarks cannot railroad 52 kg contenders unfairly, taking advantage of their size and strength, to eliminate any competition in the tournament. 

Businesses are no different. Let’s say in an industry, two business entities control 35% and 45% of the market share of that industry. Now, in their independent rights, they are massive companies. But if either of them attempts to indulge in predatory practices like trying to non-competitive prices in the market, the other companies can get together and outweigh the one bulwark. That is how a healthy market works – where market forces can automatically force a big player to course correct, eliminating predatory practices and market bullying. Now, let’s assume that the two business entities which independently control 35% and 45% of the market come together. Company A acquires Company B or they decide to merge. Post-merger, that one bulwark company would control 80% of the market. With that kind of massive market share, the new company which now controls 80% of the market share of that specific industry can indulge in all kinds of predatory practices rendering any industry competition moot. For example, it can independently, without any market checks, drop the price of the product or serve to such an extent, that no small company would be able to compete. Eventually, predatory practices would ensure that all other companies in that industry segment go out of business even before they get a chance to enter the ‘weight category’, so to speak. 

To ensure that a bear with an axe is not sent into a fight meant to mid-weight cats with a kitchen knife, India passed the Competition Act, of 2002, administered by the Competition Commission – a statutory body under the Ministry of Corporate Affairs. 

The Competition Act, of 2002, as amended by the Competition (Amendment) Act, of 2007, follows the philosophy of modern competition laws. The Act prohibits anti-competitive agreements, and abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control, and M&A), which cause or are likely to cause an appreciable adverse effect on competition within India.

The objectives of the Act are sought to be achieved through the Competition Commission of India, which has been established by the Central Government with effect from 14th October 2003. CCI consists of a Chairperson and 6 Members appointed by the Central Government.

The Commission must eliminate practices having adverse effects on competition, promote and sustain competition, protect the interests of consumers, and ensure freedom of trade in the markets of India.

The Commission is also required to give an opinion on competition issues on a reference received from a statutory authority established under any law and to undertake competition advocacy, create public awareness, and impart training on competition issues.

In an earlier article, we analyzed in detail how the Insolvency and Bankruptcy process (IBC) is being manipulated and hijacked by private players for financial gains. Companies like Ernst and Young (EY) along with Edelweiss have been monopolizing and manipulating the process to ensure their stranglehold on the Resolution Professionals, the process of acquiring companies declares insolvent and also, holds immense sway over the decisions of the CCI. 

While we discussed the role of companies like Edelweiss and EY in tarnishing the process of a law that was otherwise designed to inject transparency and fairness into the process along with safeguarding the interest of the creditors and the going concern, it would be remiss if we did not analyze the role of the Competition Commission of India (CCI) and how it sometimes fails to fulfill the objectives for which it was created. 

On the 9th of February 2024, Finance Minister Nirmala Sitharaman was reportedly set to review the functioning of the CCI over regulatory inaction. This action came after a lack of action by the CCI on complaints by several app developers against Google alleging anti-competitive conduct and non-compliance with CCI’s previous rulings.

Citing sources, BusinessLine reported that the Finance Minister may be set to quiz CCI officials and regulators on the lack of regulatory action and the delay in investigation and disposal of cases. 

That the CCI seems to have not taken any regulatory action even after app developers complained against the anti-competition conduct of Google only seems to be the tip of the iceberg. CCI has failed to, in some cases, fulfill one of its basic functions – which is ensuring that the merger of two companies does not lead to a monopolistic market. 

What is section 31 of the Insolvency and Bankruptcy Code and its interplay with Section 5 of the Competition Act 2002

Section 31 of the Insolvency and Bankruptcy Code, 2016 (IBC) provides for approval of a resolution plan. Sub-section (4) says that resolution applicants shall obtain necessary approval as required under any law within one year from the date of the plan being approved.

The proviso to this subsection (added via the 2018 amendment) reads:

“where the resolution plan contains a provision for combination (under section 5 of the Competition Act, 2002) the resolution applicant shall obtain the approval of the Competition Commission of India (CCI) prior to the approval of such resolution plan by the committee of creditors.”

The section clearly states that in case of combinations, where one entity is acquiring another, CCI approval is required prior to the approval of such resolution plan by the Committee of Creditors (CoC). The law also states that the approval given by the CCI must not be conditional. 

Section 5 of the Competition Act 2002 defines the criterion, upon the fulfillment of which, a merger/acquisition/resolution would be considered a ‘combination’ – which would need the approval of the CCI before the plan is passed by the CoC and then, the NCLT. 

Case Study: How CCI may be flouting regulatory norms and the law when it comes to approving combinations 

Given the inquiry initiated by the Finance Minister, it seems like the CCI has, on occasion failed to comply with regulatory provisions. To understand how the CCI may be flouting legal requirements in the process of IBC, possibly tainting the process to a large extent, we will analyze the case of Hindustan National Glass and the insolvency process against it. 

The case started in 2020 with the DBS Bank initiating insolvency proceedings against Hindustan National Glass & Industries Limited (HNG) in NCLT  Kolkata. Insolvency was admitted in the year 2021. Hindustan National Glass & Industries Limited is an Indian container glassmaker based in Kolkata. The company is the largest and one of the oldest glass manufacturing companies in India.

The IBC process as far as HNG goes is one of the longest resolution processes after the passage of the law – marred with allegations of impropriety on the part of the Resolution Professional (RP), conflict of interest, and hijacking of the process for financial gain by private players like Ernst and Young and Edelweiss, alleged oversight of material facts by the Committee of Creditors (CoC), which included Edelweiss, miscarriage of justice by the NCLT and finally, improper dispensation of the case by the Competition Commission of India (CCI). 

For a deeper understanding of the case and the hijacking of the process by private players like Edelweiss, one can read this detailed article. 

For the purpose of this article, we will focus on CCI, and its alleged missteps in the case of HNG and use it to extrapolate the changes that need to be made in the CCI to ensure that the letter and spirit of the IBC are upheld. 

In the case of HNG, after the issue of Expression of Interest, the RP received 14 bids to acquire HNG. Once the RP received the applications, on the 24th of May 2022, a Request for Resolution Plan was issued and eventually, only three firms expressed interest in purchasing HNG – AGI Greenpac (AGI), International Sugar Corporation (INSCO), and Nirma Chemical. Later, Nirma Chemical dropped out of the process and only two bidders remained – AGI and INSCO. 

Before we move along, it is pertinent to note here that the IBC is an extremely robust system to ensure the market interests are protected as well along with that of the creditors. To that end, one of the rules embedded in IBC is that before a resolution plan is approved by the CoC, the company wishing the acquire the insolvent company has to take unconditional approval from the Competition Commission of India (CCI). This rule has been put in place to ensure that the acquisition does not lead to a monopolistic market situation where other small players in the same market suffer commercially. 

In this case, one of the parties interested in purchasing HNG was AGI – while HNG is the largest in the glass manufacturing segment, AGI is the second largest. Because the combination of the two could lead to a monopolistic market in the glass manufacturing industry, CCI’s role in the process was crucial. 

The Competition Commission of India vide its order dated 15 March 2023, under section 31(1) of the Competition Act, 2002, provided conditional approval to AGI for the acquisition of HNG. The CCI order granting conditional approval on 15th March itself had several issues – issues which are now pending adjudication in the Supreme Court after INCSO filed a case against it. 

Background of the CCI approval to the AGI plan 

First and foremost, it is important to know that when the RP presented the AGI and INSCO plan to the CoC for voting, the AGI plan did not have prior CCI approval. CCI approval is mandatory per law. The watering down of this requirement by the RP has been questioned by experts since it favored AGI Greenpac’s plan. In fact, UP Glass Manufacturer Syndicate had approached the NCLT against the approval by the CoC to the AGI plan where NCLT, Kolkata had affirmed that the CCI approval is mandatory before the CoC approves the plan. The said order was passed on the 21st of September 2022. 

Section 29(1) of the Competition Act, 2002 mandates that “where the Commission is of the prima facie opinion that a combination is likely to cause, or has caused an appreciable adverse effect on competition within the relevant market in India, it shall issue a notice to show cause to the parties to the combination ”.

In this case, the CCI approval of the AGI plan was necessary because the combination of AGI and HNG would create a monopolistic market, owing to the two companies being number 1 and 2 in the market. 

After the NCLT order, AGI did seek the approval of CCI thereafter, however, there was a catch. It filed ‘Form-1’ with the CCI instead of ‘Form-2’. 

Form-1 is like the ‘green channel’ of immigration. Essentially, it tells the CCI that there are no considerations of monopolistic market creation if the said company acquires the insolvent entity. Form-2 is the ‘red channel’ – declaring the scale of the company’s business. 

AGI is the second largest player in the market wishing to acquire the largest player – there are clear considerations of the merger creating a monopolistic situation and therefore, AGI should have submitted their application to CCI under Form 2 – they did not. INSCO on the other hand filed Form-1 too and got the CCI approval since it is a foreign firm with no prior presence in India in this industry segment. CCI, as expected, rejected AGI’s application terming it ‘not valid’, disqualifying them from the process. 

After the CCI rejection of AGI’s application, the authorized signatory of AGI wrote to the RP saying that the CCI had asked them to file for approval under Form 2 and that they were in the process of doing so. AGI said that they would ‘hopefully’ they would get CCI approval by November 2022. The email was sent on the 27th of October 2022. 

Based on this ‘assurance’ by AGI, the RP went ahead and put the two resolution plans by AGI and INSCO respectively to vote in the CoC. It is to be kept in mind that at this stage, INSCO had already got CCI approval and AGI had not. In the CoC, the AGI plan was passed, specifically with the help of Edelweiss ARC. 

In the CoC, each credit can vote for multiple plans or no plan at all and therefore, the percentages don’t add up to 100%. Edelweiss had 4 votes, thanks to the chicanery by the RP. One of the votes it cast was against INSCO which resulted in AGI winning by 8.30% difference owing to Edelweiss ARC’s vote. 

Interestingly, the role of Edelweiss in this fiasco cannot be underscored. In our previous article, we had explained how private players like Edelweiss are hijacking the IBC process for financial gain. Edelweiss was essentially a Creditor of the insolvent company (HNG) and also a major funding partner of the Acquirer (AGI). 

This revelation was made during the proceedings in the NCLT when a letter came to the fore, from Edelweiss Alternate Asset Advisors to AGI promising Rs 1,100 crore for the acquisition of HNG. In fact, one of the key clauses of the funding that Edelweiss was providing to AGI Greenpac was that the funding would only be approved if their proposal was approved by the CoC. Edelweiss Alternate Asset Advisors, in their letter, had told AGI that they would fund the acquisition of HNG by AGI only after the CoC approval. At the same time, Edelweiss ARC was a part of the CoC, influencing the decision of the AGI proposal being accepted by voting in their favor. 

Further, the rush with which the AGI plan was passed, flouting laws and rules, could be for a specific reason. Edelweiss in its letter to AGI had also mentioned a deadline. It had said that if the AGI plan does not get CoC approval within 60 days, then the offer to fund the acquisition would not hold valid. The strict timeline imposed by Edelweiss on AGI also seems to have played a role in the rush with which the AGI plan was passed by the CoC, with the help of Edelweiss ARC. 

AGI filed Form 2 for approval with CCI only 5 days after their plan got approved by the CoC.

Before they got approval, the RP filed the resolution plan with the NCLT. While his circumvention of the CCI approval provision by the RP was overridden by NCLT, the RP seems to have disregarded that and filed the proposal with NCLT before the CCI approval came through. It is an agreed convention that no plan which has conditionalities can be filed before the NCLT per a judgment of the Supreme Court, however, the RP, in this case, seems to have acted questionably. Since the matters are sub-judice in the Supreme Court, the AGI plan is yet to be approved by NCLT. 

By November 2022, Glassex (India) Pvt. Ltd one of the private players in the industry wrote a letter to CCI pointing out that the combination of AGI and HNG would create an anti-competition environment in the industry – a grievance which was ignored by the CCI. UP Glass Manufacturer Syndicate also raised similar grievances, which were ignored.

When INCSO then approached the NCLT praying that the selection of AGI should be set aside, CCI seems to have contravened the law further in favour of AGI, according to legal experts. 

CCI, realizing that the combination of AGI and HNG would lead to AAEC, issued a show-cause notice to AGI asking why it should not initiate action against AGI. In response to CCI’s show-cause notice, AGI responded on the 10th and 15th of March 2023 and said that under the Voluntary Modification Scheme, it would divest the Rishikesh Plant of HNG so the combination does not lead to AAEC. 

Interestingly, CCI issued a show-cause notice only to AGI when the law mandates under section 29 of the Competition Act that the CCI must seek an explanation from all parties involved in the resolution process – that is the acquirer and the company getting acquired. 

On 15th March 2023, the very next day after AGI submitted its modified proposal, CCI gave conditional approval to the plan even though it allegedly did not have the quorum and had not independently verified the information provided by AGI – which we will see later – was mired with misrepresented facts, according to legal experts.

The problems with the approval granted by CCI to the AGI plan in 2023 

The most glaring problem with the CCI approval of the AGI plan seems to be that when the said plan was approved, CCI allegedly did not have the required quorum to pass the decision. The minimum number of members of the CCI that are required to be present for any plan to get approval is 3. When the AGI plan was passed, only 2 members were present. There is a provision by way of which plans can be approved even if there are 2 members present. The provision is called the ‘doctrine of necessity’. This doctrine comes into play in serious and urgent cases where waiting for the quorum would lead to catastrophic market repercussions and therefore, the invocation of this doctrine is limited to the rarest of rare cases. In this case, it would appear that there was no such urgency, and therefore, the invocation of the doctrine by the CCI has come into question.

Further, as discussed in the previous article and earlier in this article, the CCI seems to have erred in issuing a show-cause notice only to AGI and not to HNG. The law mandates that a show-cause notice is issued to the target and the acquirer. This provision of the IBC has been put in place to ensure that there is no misrepresentation of facts by the acquirer and that the target company (HNG in this case) can be a counter-check for any misrepresentation of facts that could lead to a monopolistic market owing to the combination. 

As mentioned above, on 10th February 2023, when CCI issued a show-cause notice to AGI, and thereafter, AGI responded with an undertaking to divest one plant of HNG should it get CCI approval. The plan that AGI undertook to divest under the Voluntary Modification Scheme was the Rishikesh Plant, which belonged to HNG. The AGI contended that if they divest the Rishikesh Plant of HNG, then the combination would not lead to a monopolistic market (given that the share in the market would reduce). It is based on this commitment that the CCI conditionally approved the AGI plan in 2023. 

Since the CCI issued the show-cause notice only to AGI and not HNG also proved detrimental given that AGI seems to have misrepresented facts to get the conditional approval by CCI. The law that mandates sending the show-cause notice to the target and acquirer was breached, according to legal experts. Had it been followed, the misrepresentation of facts by AGI would have been checked, since HNG would have had an opportunity to respond as well. 

What are some of the facts that were misrepresented by AGI and how the CCI failed to independently check facts before granting approval? 

Rishikesh Plant only contributes 8% in the Food and Beverage (F&B) sector of its total sales. However, as per the CCI order, the combined share of HNG and AGI in the F&B sector would be 80-85% if the combination were to happen. Given that the Rishikesh plant only contributed 8% of the total sales, its divestment would also not cure the Appreciable Adverse Effect on Competition (AAEC) as a result of the combination. 

AGI also seems to have given problematic data on the installed capacity and operational capacity of the Rishikesh Plant, which it said it would divest to cure AAEC. As per the CCI approval, AGI claimed that the operational capacity of HNG is 2325 Tonnes Per Day (TDP), however, according to the Information Memorandum submitted by the RP, the operational capacity of HNG is 2625 TPD. Further, according to the CCI order, the total Installed Capacity of AGI is 1600 TPD whereas, according to AGI’s website, the Total Installed Capacity of AGI was 1754 TPD as of 1st January 2023. 

It would seem that AGI misrepresented data to the CCI, reducing the operational capacity of HNG and the installed capacity of AGI to project as if the combination would not lead to AAEC. 

AGI further claimed that the combined entity will have a market presence of 80-85% in the F&B segment which can be cured by divesting the Rishikesh plant of HNG. However, per IM, the Rishikesh plant has only 7-8 % sales for the F&B segment and contributes only 1.1% of revenue. This seems to have been misrepresented as a cure for the AAEC, however, given the whopping market share of 80-85% of the combined entity, a divesture of a plant that contributes only 8% of sales and 1.1% of the revenue does not seem to cure the monopolistic combination at all. 

CCI also recorded based on the information provided by AGI that the reduction of 400 TPD by the divestment of the Rishikesh Plant was 17% of the total utilized capacity of HNG and the reduction of 400 TPD by the divestment of Rishikesh Plant was 25% of the incremental capacity of AGI. However, according to the IM, 400 TPD is only 15% of the operational capacity of HNG and 22% of the operational capacity of AGI. This too, seemingly, would not cure the AAEC resulting from the combination of AGI and HNG. 

Apart from the alleged misrepresentation of the facts by AGI, the CCI seems to have not considered some logical fallacies in its order. CCI has given conditional approval based on the current operational capacity and not the total installed capacity of HNG and AGI.

Logically, if my installed capacity is 10 and I am functioning right now at an operational capacity of 5, there is no guarantee that after the merger, I will not improve my operational capacity and function at a level of 10 (the installed capacity). Therefore, to ascertain whether the AGI and HNG combination would lead to a monopoly and whether the divesture of the Rishikesh Plant would fix the AAEC, the CCI should have evaluated the installed capacity (which is the total capacity of the plant or the company itself) and not the operational capacity (the capacity which is being utilized by the company or the plant). 

There was also a strange circular logic that was applied by the CCI to conditionally approve the AGI-HNG combination plan. This circular logic is revealed after a reading of Para 104 of the CCI order, granting conditional approval to AGI for the combination. 

Para 104 of the CCI order says, “In case the Acquirer fails to comply with the Modification as provided in the Annexure, the Proposed Transaction would be deemed to have caused an appreciable adverse effect on competition in India and the Acquirer shall render itself liable for being proceeded under the relevant provisions of the Act.”

Here, the CCI, while granting conditional approval to AGI for the combination has said that in order to get directed that the combination will only be approved if AGI complies with its undertaking to divest the Rishikesh Plant of HNG, and only then the same will result in a cure to AAEC, failing which AGI shall be liable for proceedings under the act.

However, the Rishikesh Plant cannot be sold until AGI completes the full acquisition of HNG, which cannot be acquired unless AGI obtains absolute approval of combination from CCI, as required under the statutory provisions of Insolvency and Bankruptcy Code, 2016, Competition Act, 2002 and the RFRP. Given the conditionality in Para 104, AGI cannot get absolute approval from CCI unless it divests the Rishikesh Plant (which it can’t unless it acquires HNG since the plant belongs to HNG). 

This CCI order leads to the creation of a chicken and egg problem. One has to wonder why the CCI did not ask AGI to simply divest its plant to cure AAEC instead of proposing to divest a plant it does not even own – that of HNG – that company it wishes to acquire. 

While this circular logic was applied to give conditional approval to the AGI proposal, it also seems true that it was done based on misrepresentations made by AGI and with no opportunity given to HNG to be heard. Experts believe that CCI erred on several levels as far as the conditional approval to AGI was concerned.

Interestingly, on the website of AGI, it has itself said that it would increase its operational capacity over time. What is far more intriguing is that in September 2022, INSCO had already received approval from the CCI after they had applied through the green channel. When INSCO had already gotten approval after due process, the additional steps to give AGI conditional approval based on alleged misrepresented facts and circular logic made little sense when it already was of the prima facie opinion that the combination of AGI and HNG would lead to AAEC. 

The juggernaut created by the CCI has also led to an inordinate delay in the IBC process as far as the HNG case is concerned. The inordinate delay because of the conditional approval to AGI has led to litigation in the Supreme Court. As of date, the HNG case has dragged on for over 600 days. Under IBC, the maximum time charted for resolution of insolvency cases is 270 days. 

IBC as a law was introduced to ensure transparency and expediency along with ensuring the interest of creditors. In the HNG case, it would appear that because of the lapses by the RP and the CCI, the very letter and spirit of the IBC have been disregarded. 

The SEBI order which proves AGI misrepresented facts 

In May 2024, SEBI slapped a ₹5 lakh penalty on packaging products company AGI Greenpac for “failure to provide accurate, adequate, and explicit disclosure resulting in misrepresentation to the stock exchanges”. In the SEBI order against AGI Greenpac, the market regulator said that the company withheld crucial information regarding its deal to acquire Hindustan National Glass. It also failed to disclose material developments with respect to disclosures made by it to the exchanges “dated October 31, 2022, and March 16, 2023”.

SEBI further stated that AGI Greenpac failed to disclose crucial information related to a show-cause notice issued by the Competition Commission of India (CCI) to it in the HNG acquisition case. Before the SEBI order, Justice Vikramajit Sen, the former Chief Justice of the Karnataka High Court and judge of the Supreme Court had said that AGI made “partial and deceitful disclosure” about the CCI approval.

The SEBI that AGI hid material information in the modification to the application filed by AGI to the CCI and litigation related to the CCI order approving the proposed combination of AGI and HNG.

When the SEBI spoke about the misrepresentation of facts in the medication plan, SEBI referred to the divestment of the Rishikesh Plant and the information that AGI provided to CCI after the show-cause notice was issued it, based on which the CCI conditionally approved the combination of AGI and HNG. 

Judicial opinions on the errors by CCI 

Justice Ramana gave a detailed opinion on the matter holding the process followed by the RP and the CCI with respect to approval granted to AGI as contravenous to the law. 

About the AGI plan being approved by the CoC without the prior approval of the CCI, Justice Ramana said, “The RP published the Request for Resolution Plan (“RFRP”) on 24.05.2022 whereby the express precondition under clause 3.3 read with clause 4.1.1(k) required the approval from the Competition Commission of India (“CCI”) for approval of any Combination under Section 5of the Competition Act, 2002 to be taken prior to the approval of the Resolution Plan by the Committee of Creditors (CoC) of HNG. The RFRP further read

that the CoC shall have the right to not consider a Resolution Plan/reject the Resolution Plan in case the approval of the CCI (where required) is not obtained”. 

About the conditional plan being put to vote by the RP to the CoC, Justice Ramana said, “It is not in dispute that the CCI Order dated 15.03.2023, is a conditional one subject to fulfillment of certain criteria by the SRA. Whether the compliance by the SRA with these conditions would affect the implementation of the Resolution Plan/or would lead to a change in the interpretation of any of the terms of the Resolution Plan has to be examined in detail by the CoC. Hence, the action of the RP in presenting this Plan before the Adjudicating Authority, seeking its approval, is ultra vires to the provisions of the Code, as the Plan in the present state, without the approval of the CCI in its totality cannot be said to have been approved by the CoC without making any modifications. Speed is the essence of IBC and the situation where a Resolution Plan is approved and then later is subjected to modifications and alterations and sent back to the CoC would only lead to further loss of time and more complications”. 

On the CCI approval of the plan, Justice Ramana was scathing, saying that the approved plan by the CCI of AGI and HNG combination should be set aside if AGI had misrepresented the facts about the capacity of AGI, HNG, and the Rishikesh Plant. “Aforementioned submissions of AGI, if proved to be false, would render the basis of the CCI order dated 15.03.2023 as wrong and liable to be set aside”. 

Justice Ramana further says that the plan to divest the Rishikesh Plant of HNG was proposed by AGI to CCI only on 10.03.2023 and 14.03.2023 and was not disclosed to the RP and CoC when the resolution plan was proposed or voted on by the CoC. To this, Justice Ramana says, “This is therefore a clear case of non-disclosure and concealment on the part of AGI in failure to inform the RP and CoC and to also make appropriate disclosures in the Resolution Plan. The disclosures regarding ‘business plan’ of the CD post-acquisition form part of the mandatory requirement of the Code under Regulation 83 of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”) and the disclosure regarding the sale of any assets of the CD forms part of mandatory disclosure under Regulation 37. Non-disclosure regarding the proposed divestment would tantamount to violation of mandatory requirements under the Code and is a clear case of misrepresentation by AGI”. 

Justice Sikri too says “The modification proposed by AGI in respect of divestment of assets of HNG was also without the approval or even intimation to the CoC of HNG. The CoC ought to have considered the resolution plan of AGI with complete disclosures. This is also the mandate under Section 30 of the Code read with 38 of the IBBI (CIRP) Regulations, 2016”. 

He further says, ‘The subsequent modification of the plan by the successful resolution applicant after approval by the CoC but before the approval by the NCLT, is a serious irregularity of the provisions of the IBC Code. Such an irregularity cannot be cured ex-post facto by virtue of the NCLT requesting the CoC to peruse the modification proposed by AGI which was not challenged by the CoC”.

Justice Nariman considered an authority in this field, said that the decisions by the CCI and the NCPT were bad in law. He opined, “There is no doubt that the approval to the resolution plan of AGI by the CoC and the Adjudicating Authority would be contrary to law, in as much as, it is clear that AGI was declared a successful resolution applicant on 28.10.2022, whereas conditional approval from the Commission was obtained only on 15.03.2023”. 

Conclusion

Based on the opinions of several prominent legal luminaries and the facts of the case, it would seem that the CCI has not followed due process and passed the AGI plan in contravention of the law. Several questions arise out of the alleged conduct by the CCI. 

  1. Why did the CCI believe that it had to pass the order urgently even without the quorum being present? 
  2. Why did CCI not independently verify the data submitted by AGI in its order dated March 15, 2023? Why did the CCI not take steps to assess the reliability of the data?
  3. The CCI in its order acknowledged that prima facie, the combination of AGI and HNG would lead to AAEC. If that was the conclusion by CCI, why was conditional approval granted to AGI, that too, on the basis of the divestment of a plant that belonged to HNG – which AGI had not acquired yet? 
  4. How can the CCI approval for HNGIL be based on a capacity of 2325 TPD when a document from RP, presumably reviewed during the approval process, clearly states 2625 TPD?
  5. AGI Greenpac allegedly misrepresented its installed capacity to the Competition Commission of India (CCI) during an assessment period. Why has action not been initiated by the CCI against the errant party? 
  6. Does the Competition Commission of India’s (CCI) approval of divesting the Rishikesh plant, which contributes only 8% to sales, adequately address its own finding of an 80-85% market concentration in the F&B sector after the merger?
  7. Why did the CCI focus on the operational capacity while granting conditional approval rather than operational capacity? In the past, the CCI has categorically focussed on the installed capacity to evaluate if a combination leads to AAEC or not. In the JSW-Neo Energy case, for example, the CCI had based its evaluation on Installed/Rated capacity to calculate Market share and AAEC. In this order, CCI has also considered additional capacity to be added over and above-installed capacity. In the Holicim-Lafarge combination as well, the CCI depended on the installed/rated capacity to calculate market share and whether the combination would lead to AAEC. If in the past, the CCI has focussed on one method of evaluation, why was the method changed in the case of AGI-HNG? 
  8. Why did the CCI not give a show-cause notice to AGI and HNG as per the law? 
  9. Why has the CCI gone to court to challenge the petition by INSCO against the approval which was given without quorum? Are there other cases where combinations have been approved without the necessary quorum? 

The CCI is a body constituted as a barrier to monopolistic practices. It would seem that in this case, the core function of CCI was overlooked to facilitate the acquisition of HNG by AGI even though INSCO taking over HNG would create no contingencies or monopolistic practices.

The smooth functioning of the CCI is imperative to the IBC process – which is to promote healthy businesses, ensure the company remains a going concern, and safeguard the interest of creditors and also, of other smaller companies that may get affected by giants coming together. 

Punjab: Sword-wielding man hacks 31-year-old woman to death in broad daylight on her way to office in Mohali, arrested

OpIndia Staff
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Punjab: Sword-wielding man hacks 31-year-old woman to death in broad daylight on her way to office in Mohali, arrested

In a horrific murder in Punjab, a sword-wielding man killed a woman in Phase-5 of Mohali in broad daylight on Saturday. The woman was assaulted on the road when she was on her way to work, and the murder was captured on CCTV cameras. The woman was taken to a nearby hospital immediately, but she was pronounced dead on arrival.

According to the police, 31-year-old Baljinder Kaur employed at a private bank in Mohali, Punjab was killed on the morning of 8th June (Saturday) during busy office hours in broad daylight. Baljinder Kaur was attacked at 9:30 am when she was going to the office with her friends. The police arrested the perpetrator and took him for medical examination. The accused has been identified as 36-year-old Sukhchain Singh, a resident of Samrala who used to work at a petrol pump there.

The culprit suddenly appeared in front of Baljinder as she was getting off the bus in the morning. He was holding a sword and attacked her. She was accompanied by two other female companions at the time of the incident. She tried to protect herself and made continuous efforts to escape from him but he continued to pursue and strike her with the weapon and eventually hacked her to death. Baljinder was immediately taken to Civil Hospital Mohali in an ambulance where the doctors declared her dead. The Chairperson of the Punjab State Women’s Commission also reached the hospital.

The woman is seen in the CCTV footage sprinting to the middle of the road while the man follows her after which he grabs hold of her and assaults her. She stumbles in front of a pickup truck that is driving toward them. After a brief stop, the vehicle quickly accelerates in the direction of its destination. The assailant can be seen strolling carelessly across the road after unleashing a barrage of strikes on the woman.

After committing the crime, the attacker met with an accident as he was departing from the scene. According to police, he killed the woman because she rejected his advances. Victim Baljinder and killer Sukhchain knew each other for some time, according to the police. The two got into a fight a few days earlier over an issue.

The brother of the victim, however, claimed that she never mentioned anything about any man in the house.

“He has been identified as Sukhchain Singh. He works at a petrol station in Fatehgarh Sahib. Sukhchain tried to flee from the spot after killing but met with an accident and got injured. We arrested him a few kilometres from the murder spot. Jilted lover theory established during the preliminary investigation,” mentioned a police official.

The deceased, a resident of Fatehpur Jattan village near Morinda town, had been working in the bank in Phase-V for the past nine years. She used to travel by bus from her house and then walk from the bus stop to the bank. Her brother revealed that at approximately 9:30 in the morning, an eyewitness called to let them know about the occurrence.

According to other reports, preliminary inquiry indicated that Baljinder Kaur arrived at the office in the morning in an autorickshaw and was making her way to her office when the offender who was already there, repeatedly slashed at her with a sword and wounded her gravely. No one came to the woman’s aid despite the fact that the assault happened in a busy area.

The police station Phase-1 has filed a murder case. Police have stated that the investigation into the incident is ongoing.

Notably, the shocking instance happened within a few kilometres from the airport where actor-turned-member of parliament Kangana Ranaut was violently attacked at Chandigarh airport by Central Industrial Security Force (CISF) security personnel named Kulwinder Kaur on 6th June.

Twitter user says TMC dumped garbage outside housing society for voting in favour of BJP, TMC’s General Secretary calls its ‘revenge’

OpIndia Staff
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Twitter user says TMC dumped garbage outside housing society for voting in favour of BJP, TMC’s General Secretary calls its ‘revenge’

On Friday (7th June), an X (formerly Twitter) user ‘Subham’ informed that the people of a housing society in Kolkata were being punished by the Trinamool Congress (TMC) government for voting in favour of the Bharatiya Janata Party (BJP).

The user stated that garbage was being dumped outside ‘Sunrise Heights’ in the Beleghata neighbourhood of Central Kolkata as 543 residents of the housing complex voted against TMC.

Soon after, the State General Secretary of Trinamool Congress, Nilanjan Das, confirmed the development on X (formerly Twitter).

He dubbed the action of dumping garbage outside the housing society as a ‘non-violent means of revenge.’

The BJP has slammed the TMC for his outrageous actions. “The TMC State General Secretary shamelessly boasts about dumping garbage in front of a Kolkata housing society for daring to vote against them,” it said in a tweet.

“Is this what ‘serving the people’ looks like? Pure thuggery and intimidation,” the party added. Following outrage on social media, Nilanjan Das deleted his controversial tweet.

Congress Working Committee unanimously passes resolution requesting Rahul Gandhi to become the Leader of Opposition in Lok Sabha

ANI
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Congress Working Committee unanimously passes resolution requesting Rahul Gandhi to become the Leader of Opposition in Lok Sabha

The Congress Working Committee passed the resolution that party MP Rahul Gandhi should be appointed as the Leader of the Opposition in Lok Sabha, sources said on Saturday.

Rahul Gandhi won the Lok Sabha elections from Raebareli in Uttar Pradesh and Wayanad in Kerala.

After the CWC meeting, Congress MP Kumari Selja said, “It was the CWC’s wish that Rahul Gandhi be elected the LoP…”

Senior Congress leader and newly elected MP from Alappuzha KC Venugopal said “CWC unanimously requested Rahul Gandhi ji to take the responsibility of the leader of the opposition in the Lok Sabha.”

The CWC resolution praised Rahul Gandhi for his efforts in the election campaign.

“Former Congress President Rahul Gandhi has to be singled out largely because of the Bharat Jodo Yatra and the Bharat Jodo Nyay Yatra that he designed and led. Both these Yatras that reflected his thinking and personality were historic turning points in our nation’s politics and instilled hope and confidence in lakhs of our workers and crores of our voters. Rahul Gandhi’s election campaign was single-minded, sharp and pointed and more than any other individual it was he who made the protection of our republic’s Constitution the central issue in the 2024 elections. The PaanchNyay-Pachees Guarantee programme which resonated so very powerfully in the election campaign was the outcome of Rahulji’s yatras in which he listened to the fears, concerns and aspirations of all people, especially youth, women, farmers, workers, Dalits, Adivasis, OBCs and minorities.”

The meeting of the extended Congress Working Committee was held in the national capital on Saturday. The meeting was attended by Congress Parliamentary Party chairperson Sonia Gandhi, Congress chief Mallikarjun Kharge, Congress leaders Rahul Gandhi, Priyanka Gandhi, Manish Tiwari, DK Shivakumar, and Revanth Reddy among others.

Speaking after the CWC meeting, Congress Rajya Sabha MP Pramod Tiwari said, “Definitely he (Rahul Gandhi) should become (LoP in Lok Sabha). This was the request of our working committee. He is fearless and courageous.”

Earlier in the day, several party leaders voiced their demand that Rahul Gandhi should take over the key role.

Speaking on the same, Telangana Chief Minister Revanth Reddy said that this is the demand of 140 crore Indians.

“Our demand is the same as that of 140 crore Indians. Rahul Gandhi has to take the position as the leader of the Opposition. Rahul Gandhi has been fighting for women and the unemployed,” he said.

Congress MP Sukhjinder Singh Randhawa who won the Lok Sabha election from Gurdaspur said that Rahul Gandhi is someone who can reply to the Prime Minister in the Parliament and hence he should assume the position of LoP.

“We will play the role of a strong Opposition in the Parliament. Yes, we want the country to get such a face who can reply to the Prime Minister. I think the entire country wants this,” he said.

After the Lok Sabha Polls , the Congress has emerged as the second-largest party in the election and improved its tally to 100, from 52 in the 2019 Lok Sabha poll.

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

9 female Bangladeshis held from Mira Road for illegal stay: Read how the Mumbai neighbourhood has turned into a hub of Islamists

Rukma Rathore
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9 female Bangladeshis held from Mira Road for illegal stay: Read how the Mumbai neighbourhood has turned into a hub of Islamists

On 7th June, MBVV (Mira-Bhayandar, Vasai-Virar) police authorities announced that nine Bangladeshi women had been arrested in a major crackdown on illegal immigration for overstaying in India without the necessary documents. Another woman has also been apprehended for providing them with refuge. On 5th June, the Naya Nagar police carried out a raid in the Shanti Nagar and Gita Nagar areas of Mira Road based on confidential information, which led to the action.

Furthermore, the cops are also on the lookout for the owner of the house where the women were staying. According to the police, the accused people are facing charges under multiple provisions of the Foreigners Act, the Passport Act, and the Indian Penal Code. “The woman who had given them shelter was also arrested. The owner of the house is wanted in the case. We have charged them under provisions of the Indian Penal Code, the Passport Act and the Foreigners Act,” informed an official.

Notably, eight illegal Rohingya immigrants were captured by the Mira Bhayandar Police on 29th February, near Bhayandar in the seaside town of Uttan. The accused individuals were originally from Myanmar and were identified as Imam Hussain Abdul Kasim (25), Mohammad Johar Noor Mohammad (39), Amir Hussain Asad Ali (42), Ali Hussain Abdul Sobi (49), Noorul Amin Yusuf Ali (52), Kamal Hussain Noor Kamal (35), Mohammad Zakir Hussain Abu Alam (30) and Hamid Hussain Ali Akbar (55). They were nabbed on 26th February at the fishing jetty in Chowk village while attempting to give a slip to the police squad. It was discovered that they spoke Hindi fluently. They were charged under the Foreigners Act and the Indian Passport Act after they failed to produce valid documentation enabling them to stay in the country.

Meanwhile, Mira Road has been infested by fundamentalists and the region has become a centre for Islamists who openly indulge in jihadi activities, commit heinous crimes as well as harass and target Hindus. OpIndia had reported on 15 such cases from last year where these radicals wreaked havoc in the area and attacked helpless Hindus, their families and especially their daughters. From older women to girls as young as 13 years old, they were drugged, kidnapped, tortured and sexually assaulted by these Muslim males.

Hindu females were trapped into relationships in the name of love only to get tormented and assaulted at the hands of their Mulsim partners and husbands. Shockingly, in many instances, even the families including the mothers of the perpetrators condoned their horrible deeds and forced the victims to marry them and embrace Islam. Needless to say, Hindu religious processions also came under attack in the area, just as they did across the rest of India. Hindus are forced to plead for justice and the safety of their women while extremists are on the rampage there.

Unsurprisingly, there is always a direct and significant correlation between these anti-social jihadi elements and illegal construction. The fanatics of Mira Road had threatened and brutally attacked Hindus on 21st January as they celebrated the consecration of the Ram Mandir and the Lord’s return to his home in Ayodhya after 500 years after which the administration took stern action against the former and the unlawful construction of the culprits were demolished by the Mira Bhayander Municipal Corporation (MBMC)  in the presence of Maharashtra Security Force and Mumbai Police on 23rd January.

OpIndia was able to acquire a copy of the First Information Report in the matter where the complainant stated that he was threatened and assaulted by about fifty to sixty members of a particular community while he was driving around the Mira Road area. They also attacked his vehicle with rods and removed the Hindu flag that he had placed on it. “They raised slogans of Allah-hu-Akhbar, hit me on my head with an iron rod, and tried to kill me. They also saw a poster of Lord Hanuman on the car and puked on the poster. This has hurt our Hindu religious sentiments. They even pelted stones at women and small kids who accompanied me for a ride,” the formal complaint read.

Conclusion

The disturbing patterns of giving sanctuary to infiltrators and the widening cloud of Islamism over Mira Road should be a major cause of concern for the authorities and other citizens alike. The fact that these occurrences are only the beginning of the problems is much more concerning.

The issue is far more perilous and deeply ingrained. The region is always in the news for all the wrong reasons particularly the attacks on Hindus. The neighbourhood is rapidly turning into a “sensitive area,” and if things haven’t already become that dire, there won’t be much longer until it is also declared as a no-go zone for the non-Muslim community and Hindus would be lynched for even stepping a foot there.

Pakistan: Teacher at Madressah Yaseen arrested for raping 10 to 12 years old boys in Muzaffargarh

ANI
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Pakistan: Teacher at Madressah Yaseen arrested for raping 10 to 12 years old boys in Muzaffargarh

The police have arrested a seminary teacher for allegedly raping his two minor students and threatening them with dire consequences if they disclosed the assault, Dawn reported.

According to Daira Din Pannah police, the complainant, Jalal Din, said in his application that his son and a nephew, aged between 10-12 years, have studied at Madressah Yaseen at Chak No 143/ML for the past few months.

He added that boys told him that their teacher raped them at the seminary and also threatened to torture them if they told anybody about what happened.

On the complaint, the police lodged a case against the suspect under section 376-iii, 377-B.

The police added they had arrested the suspect, adding that the boys had been sent to hospital for a medical examination, as per Dawn’s report.

In Pakistan, a staggering 4,213 cases of child abuse were reported in the year 2023, with an alarming average of 11 children facing abuse each day, according to the ‘Cruel Numbers 2023’ report released by the non-profit organisation Sahil, in collaboration with the National Commission for Human Rights (NCHR).

The comprehensive report encompasses various forms of child abuse, including sexual abuse, abduction, missing children, and child marriages.

The gender breakdown reveals that out of the total reported cases, 53 per cent of victims were girls, and 47 per cent were boys.
Notably, children between the ages of 6 and 15 were identified as the most vulnerable to abuse, with a higher number of boys than girls reported as victims within this age group. Shockingly, even children as young as 0-5 years old fell victim to sexual abuse, as reported by Geo News.

The report delves into the categorisation of abusers, highlighting that acquaintances remain the primary perpetrators of child sexual abuse, followed by relatives, family members, strangers, and women abettors. Geographically, Punjab reported the highest number of cases, accounting for 75 per cent of the total, followed by 13 per cent in Sindh, 7 per cent in Islamabad, 3 per cent in KP, and 2 per cent in Balochistan, PoK, and GB combined.

The report, termed ‘Cruel Numbers 2023,’ revealed that 91 per cent of the total reported cases were registered with the police, indicating an active role played by law enforcement in addressing the issue. Of the reported cases, 2,021 specifically involved child sexual abuse, with an equal distribution between genders. Shockingly, 61 cases reported murder following sexual abuse, 1,833 cases of abduction, 330 cases of missing children, and 29 cases of child marriages, with 27 cases involving girls and 2 involving boys, according to Geo News.

In addition to cases of abuse, NGO monitored incidents involving children up to 18 years old who suffered injuries or death. Out of 2,184 cases monitored, the highest numbers were attributed to drowning (694), accidents (401), murder (286), torture (121), injuries (111), suicide (110), and deaths from electric shocks (103).

The NGO further compiled ‘Cruel Numbers 2023’ by monitoring 81 national and regional newspapers daily, with the aim of presenting comprehensive data on the situation of violence against children and contributing to existing information on child sexual abuse in Pakistan. The report also seeks to raise awareness and disseminate information about various forms of child sexual abuse across all segments of society, Geo News reported. 

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

CISF constable Kulwinder Kaur is not the only one, postal ballots received by separatists indicate the system is full of terror and separatist sympathisers

अर्पित त्रिपाठी
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CISF constable Kulwinder Kaur is not the only one, postal ballots received by separatists indicate the system is full of terror and separatist sympathisers

Actress-turned-member of parliament Kangana Ranaut was attacked at Chandigarh airport on Thursday (6th June) by Central Industrial Security Force security personnel identified as Kulwinder Kaur. After the assault, Kaur said that she slapped the Bollywood star because of her criticism of the farmers’ protest. Afterwards, she was suspended and a First Information Report under sections 321 and 341 of the Indian Penal Code was filed against it. Now, further investigation is underway.

People are shocked that a government employee could assault an elected member of parliament in such a manner and they are also wondering how government personnel are exposed to radical ideologies. Kulwinder Kaur’s startling action demonstrates both her lack of discipline and her fanaticism towards her ideology. Kulwinder Kaur’s actions are not novel. She is hardly the only government employee who has behaved inappropriately. Hundreds of similar cases already exist illustrating that people continue to fail to fulfil their obligations even after receiving hefty salaries funded by the country’s taxpayers.

This ecosystem has been present for many years and there are multiple examples of it. In Kashmir, there have been multiple instances since the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) administration took office in 2014 of government officials being fired for providing financial support to terrorists, involvement in terrorist activities or connections to terrorists. At least 7 individuals who had ties to terrorism lost their jobs in 2023 alone.

Jammu and Kashmir have suffered tremendously as a result of this ecosystem. The security system is compromised, institutions are undermined and the public’s trust in them is eroded as a result of government servants betraying the nation. A significant example of the same has surfaced recently.

Government employees vote for separatists

One prime occurrence has been voters, which includes govt employees, voting in favour of the separatists during the general election this year. Three separatists from Jammu and Kashmir and Punjab who contested the elections have emerged victorious. Sarabjit Singh Khalsa, son of the assassin of former Punjab Chief Minister Beant Singh triumphed from Faridkot in Punjab while “Waris Punjab De” supremo Amritpal Singh who is a staunch supporter of Khalistani terrorist Jarnail Singh Bhindranwale and is currently incarcerated under Unlawful Activities Prevention Act (UAPA) won from Khadoor Sahib.

Baramulla was also secured by separatist Engineer Sheikh Abdul Rashid who is behind bars for supporting terrorism in Kashmir. Their success indicates that the citizens of these Lok Sabha constituencies are indifferent to their actions. However, amidst all of this, government workers have also cast ballots for all three of them. According to Election Commission data, Amritpal Singh received 1830 votes in Khadoor Sahib through postal ballots which are usually cast by govt staff members who serve as polling officers.

Sarabjit Singh Khalsa got 1140 votes through postal ballots.

Engineer Rashid obtained 2907 votes through postal ballots.

What is a postal ballot and why is it important?

A postal ballot is one that allows a voter to cast his or her ballot in person before submitting it to election officials without having to visit a polling place. Government workers, members of the armed forces and paramilitary, people with disabilities, and media professionals have access to this facility to ensure they don’t miss to make use of their valuable vote. Although this year elderly voters were also allowed to used postal ballots, the majority of these votes are cast by government employees.

These government workers must have accounted for the majority of the postal ballot votes that Engineer Rashid, Sarabjit Singh Khalsa, and Amritpal Singh acquired. It is reasonable to assume that these government workers supported candidates with separatist ideologies. The security authorities need to be concerned about the disposition of these people.

Read the report in Hindi here.

Desecration of Indian tricolour, celebration of Indira Gandhi’s assassination in Canada: Timeline of Khalistanis events leading up to the 40th anniversary of Operation Bluestar

OpIndia Staff
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Desecration of Indian tricolour, celebration of Indira Gandhi’s assassination in Canada: Timeline of Khalistanis events leading up to the 40th anniversary of Operation Bluestar

On Thursday (6th June), Khalistanis gheraoed the Indian consulate in Vancouver city of Canada. They celebrated the assassination of former Indian Prime Minister Indira Gandhi by her bodyguards Satwant Singh and Beant Singh.

A pro-Khalistani event was organised outside the Indian consulate on the 40th anniversary of Operation Bluestar. During that event, Khalistani extremists displayed effigies of Indira Gandhi and that of her assassins.

Besides, posters eulogising terrorist Talwinder Singh Parmar and calling for the killing of Prime Minister Narendra Modi were also spotted at the event.

The Khalistanis also desecrated and burnt the Indian constitution and the Indian tricolour.

While speaking about the event to OpIndia, journalist Mocha Bezirgan said, “I’ve been following these protests across Canada and U.S. and if you look at my footage you can see that the same group of people who were at the protest in Vancouver also show up in Edmonton, Calgary, and some of them even go as far as Sacramento, California.”

According to Bezirgan, posters calling for a large assembly of Khalistanis outside Indian consulates were circulating on social media for at least two weeks before the day of the scheduled event i.e. June 6th 2024.

Screengrab of the poster shared by Khalistanis on social media

This was not the first event of its kind, organised by Khalistanis based in North America. On 17th May, journalist Mocha Bezirgan reported how Khalistanis tore an Indian flag using spears, swords and daggers in Calgary city in Alberta province of Canada.

“The Khalistan movement, notorious for Canada’s deadliest terror attack, is actively targeting Indian diplomats whenever they show up in Canada. The group was largely composed of the same protesters who clashed with police in Edmonton last week. However, unlike in Edmonton, this time supporters of India showed up to counter-protest. At one point, two groups got too close to each other, and the police had to intervene,” he tweeted.

In the same month, Royal Canadian Mounted Police and Canadian legislators were seen participating in a parade glorifying Khalistani terrorists such as Talwinder Singh Parmar, Harjinder Singh Jinda and Dilawar Singh Babbar.

“In addition to their participation in the parade that glorified terrorists, the Canadian Armed Forces, RCMP, and Calgary Police also set up tents to recruit new members from the event,” Mocha Bezirgan had informed then.

Calgary Mayor Jyoti Gondek, Liberal Party MP George Chahal and Conservative MP Jasraj Singh Hallan participated in the Khalistani event. 

In April this year, the same group of extremists desecrated the Indian flag outside the Indian consulate in Vancouver.

They also accused the Indian government of killing terrorist Hardeep Singh Nijjar on Canadian soil- a lie that has been repeated by the Trudeau government and propaganda portals such as the Australian Broadcasting Corporation (ABC News).

On 18th April, journalist Mocha Bezirgan said, “Ever since Nijjar’s killing, Khalistan activists have been targeting Indian government buildings and diplomats across Canada.”

Earlier on 1st April 2024, Khalistanis held a ‘non-binding referendum’ for the secession of Punjab from the Union of India. The said pro-Khalistani event took place in Sacramento city in California State of the US.

“After my exclusive coverage of Khalistan supporters’ threatening conduct in Canada received millions of views, I decided to follow them into California to observe their conduct in the United States,” journalist Mocha Bezirgan emphasised.

Mocha Bezirgan also reported about a Khalistani event in Edmonton city in Alberta province of Canada. During that event, the Khalistanis had clashed with the police.

He informed, “Edmonton Police physically pushed back the protesters who were charging towards the vehicle believed to have the Indian diplomat inside.”

The journalist pointed out how a Khalistani charged at him while he was reporting their activities from the ground zero.

“One of the protesters approached me, asking who I was, then grabbed my camera and pushed me, telling others that I was a racist in an attempt to instigate the crowd, while I was fully within my rights, observing the event from a distance. When police pulled him aside to warn him, he lied, saying that he did not touch me. No other media were present to cover this international event unfolding in Alberta’s capital city,” he tweeted.

This is reminiscent of the attack on non-pliant Indian media and reporters by Khalistanis, masquerading as anti-farm law protestors. Several incidents were reported in 2021 at the height of the motivated protests. As recently as February this year, farmer protestors assaulted ANI cameraperson at the Shambhu border.

With Justin Trudeau willing to risk bilateral ties to India to appease Khalistanis in Canada, we are likely to witness more glorification of terrorists eyeing to secede Punjab from the Union of India.

NIA arrests Kuki terrorist commander from Imphal, exposes transnational conspiracy to exacerbate Manipur violence

ANI
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NIA arrests Kuki terrorist commander from Imphal, exposes transnational conspiracy to exacerbate Manipur violence

The National Investigation Agency (NIA) on Thursday arrested a key accused from Imphal airport in a case relating to a transnational conspiracy by insurgents and terrorist gangs to exacerbate the Manipur violence and spread terror in the north-eastern states.

Thongminthang Haokip alias Thangboi Haokip alias Roger (KNF-MC) has been arrested under various sections of Indian Penal Code and Unlawful Activities (Prevention) Act in a case which was registered suo moto by the NIA on July 19 last year.

As per the NIA, the conspiracy had been hatched by Kuki and Zomi insurgents backed by terrorist organisations based in the north-eastern states and in neighbouring Myanmar with the aim to exploit the current ethnic unrest in the region and wage war against the government of India through violent attacks.

“The accused was found to have been involved in attacks on security forces at various places during the ongoing insurgency and violence. He was in touch with the insurgent group, Kuki National Front (KNF)-B of Myanmar, for logistics support to aggravate the volatile situation in the state of Manipur and create terror in the minds of the people,” the NIA said.

NIA investigations have revealed the accused had met the leaders of PDF/KNF-B (Myanmar) for the supply of arms, ammunition and explosives for use in the current phase of violence in Manipur. He has admitted to having participated in several armed attacks against security forces and on the opposite group in the current crisis in the state.

“He has also admitted being a member of the Kuki National Front- Military Council (KNF-MC) and United Tribal Volunteers (UTV). Further investigations are continuing to identify and track others involved in the conspiracy and scuttle the terrorist outfits’ plans to destroy the peace and stability of the north-eastern region,” added the anti-terror agency.

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

Chhattisgarh: Seven left-wing Naxal terrorists killed in an encounter in Dantewada

ANI
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Chhattisgarh: Seven left-wing Naxal terrorists killed in an encounter in Dantewada

At least seven Naxals were killed in an encounter with District Reserve Group (DRG) personnel along the inter-district border of Narayanpur, Dantewada and Kondagaon, a senior police official said.

“Weapons have been recovered. Operation is underway,” Narayanpur Superintendent of Police Prabhat Kumar said. Seven bodies of the naxals were recovered from the encounter site, he said.

Three Jawans of the Narayanpur DRG, who were injured in the encounter that took place on Friday night, were airlifted to a hospital from the Gobel area under the East Bastar Division.

A joint team of DRG from Narayanpur, Kondagaon, Dantewada and Jagdalpur along with the 45th Battalion of ITBP were out on anti-Maoist operation in the Abujhmad area when the Maoists opened fire on the forces and the attack was swiftly retaliated, police said. Earlier, on June 2, Naxalites set a mobile tower on fire in Durmi village in the Narayanpur district.

On May 25, two Naxalites were killed in an encounter with security forces in the forest of Jappemarka and Kamkanar in Bijapur. Naxalism in Chhattisgarh has been a persistent challenge for both the state and central governments.

The dense forests and difficult terrain of the region have provided a conducive environment for Naxal groups to operate and establish their base in the state.

Earlier, in May, in an exclusive interview with ANI, Union Home Minister Amit Shah said that the government has taken decisive steps to tackle Naxalism and the country will be free of the problem in the next two to three years.

Shah said that efforts made by the BJP-led government have led to welfare schemes reaching those tribal areas which had remained bereft of them.

He said Jharkhand, Bihar, Telangana, Odisha, Andhra Pradesh, Madhya Pradesh and Maharashtra are completely free of Naxalism and the problem persists in three or four districts of Chhattisgarh.

“I think that in the next 2-3 years, the country will be completely free of Naxal issue. After the BJP government came to power in Chhattisgarh, within just 4.5 months, 112 naxals have been neutralised, around 375 have surrendered and 153 have been arrested…On the contrary, Congress says that fake encounters are being done,” Shah said. 

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

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