The Brave Pedestrian

19 th September, 2016, Cuttack: Justice Indrajit Mahanty – the second-seniormost judge of Orissa High Court -- hears cases and gives orders that enrich his brother Biswajit Mohanty, a well-known lobbyist for private educational institutions. Justice I Mahanty's many interim orders are in alignment with the commercial and political interests of his brother. Judges are expected to recuse himself from hearing cases where their kith and kin's interests are involved, but Justice Indrajit Mahanty overrides such niceties without batting an eyelid. Indrajit Mahanty and Biswajit Mohanty are both sons of Barrister Ranjit Mohanty, and are both inheritors of the Barrister Ranjit Mohanty Group of Institutions . While Indrajit Mahanty is not directly hands-on in the education business, Biswajit Mohanty is chairman of the BRM Trust and runs many private educational institutes such as BRM International Institute of Technology (BRM-IIT). Biswajit Mohanty is also a trade unionist an...

10 th September, 2016, Cuttack: One is puzzled by t he accounting treatment for Justice Indrajit Mahanty's Rs 2.5 crore working-capital loan for his hotel, The Triple C . Lakhs of rupees are withdrawn and repaid every month in two SBI loan accounts in the name of "Justice Indrajit Mahanty" and strangely, not in the name of Latest Generation Entertainment Pvt. Ltd. , the company that has leased the hotel from him. As a High Court judge, Justice I. Mahanty gets a monthly salary of Rs. 1.35 lakhs, and therefore is liable to pay Income Tax. But repayment of principal plus interest could reduce or eliminate his taxable income. Suppose his tax returns are dodgy, can Income Tax authorities summon his lordship personally for questioning u/s 131 of Income Tax Act, and compel production of his lordship's books of account? We asked Mr Binoy Gupta , a retired Chief Commissioner of Income Tax (CCA), who holds a Ph.D. in Law. His reply was: "There are no exemption...

7 th September, 2016, Cuttack: Earlier this week, Justice Indrajit Mahanty of Orissa High Court admitted that he "carries a loan burden for his long-time business outfit", through an opinion piece that was written on his behalf titled " Media sensation at times hits great guys, hurts society " in The Pioneer. (The "loan burden" is a Rs 2.5 crore working-capital loan for his hotel, The Triple C, which was borrowed in 2009 from SBI. Till this day, amounts ranging between one and two lakh rupees are drawn and repaid every month in the name of "Justice Indrajit Mahanty".) The author, clearly adores Justice Mahanty, writes, "As a lawyer, he became too eminent too soon only because of his keen commonsense, command over the English language and the superb manner of making complex Acts simple for judges and clients alike. He drives points home the same way as smart kids do tricycles." The point of the article is that it is acceptable that...

Cuttack, 2 nd September 2016: Justice Indrajit Mahanty became a judge of Orissa High Court in 2006 , and he became a hotelier in 2009. Activist Jayanta Das broke the story on 8 th August with documentary evidence given by judiciary whistleblowers. Kamyab TV, an Oriya TV channel, held a panel deba te on this issue. In our press release issued three days ago, we asked whether it was ethical for any high court judge to be a businessman. Justice I. Mahanty maintained a stony silence but on his behalf, the management of his hotel, The Triple C, issued a denial in The Indian Express on the same day as our press release. The Triple C Hotel's press statement contradicts the signed affidavit of Justice I. Mahanty himself, and it actually makes this high court judge's actions look totally mysterious! MYSTERY #1. The Indian Express story says, "A spokesperson of Latest Generation Entertainment Pvt Limited (LGPL), which entered into a 15-year pact with Justice In...

Mumbai, 30 th August, 2016: To recover its Rs 100 crore project loan to RNA Exotica before it becomes a bad debt like BOI's loan and SBI's loan , Axis Bank is pressing the panic-button and threatening flat-buyers to immediately pre-pay large amounts (like Rs 25-50 lakh), forgetting about slab-completion schedules. Axis Bank has recently written strangely worded letters to RNA's Skyline Construction Co in respect of each and every flat ( see specimen ), saying that unless the entire remaining amount of the flat's consideration is remitted to its designated account, RNA Corp will not be allowed to sell the said flat to the name of the buyer. These letters, which are supposedly "No Objection Certificates" for the sale of flats to the purchasers, are being lovingly forwarded by RNA Corp to the individual flat-buyers with a tiny email ( see example ). Axis Bank's relayed letter is like holding a gun to the heads of helpless flat-buyers and saying: "Pa...

30 th August, 2016, Cuttack: Is it OK if our sitting judges become businessmen? If our judges become hoteliers and owners of dance-bars, etc. while serving, can they maintain judge-like attitude? Can they command the respect and awe of Indian citizens, government and various administrative bodies? These aren't hypothetical questions; JusticeIndrajit Mahanty , a senior judge of Orissa High Court since 2006, became a hotelier in 2009, the proud owner of the The Triple-C Hotel in Cuttack, which boasts a dance-bar . In his own name and from his own bank accounts, Justice I. Mahanty has taken a Rs. 2.5 crore business loan from State Bank of India for this hotel. Although a private limited company named Latest Generation Entertainment Pvt. Ltd. was formed for managing the hotel, the working capital for the hotel was borrowed by (and is being repaid by) Justice Indrajit Mahanty in his personal capacity. For building the ground-plus-four storey building, Justice I. Mahanty in his own...

12 th August, 2016: In today's mumbai Mirror, there's this frontpage story headlined, " Buyers Hire Rock Climbers to Enter Flats that Builder won't Hand Over ". One empathizes with the desperation that triggered a dozen home buyers in Powai's Tej society, a redevelopment project of Shwet Realtors ... but their adventurous act is likely to land them into trouble. Yes, this move succeeded in focusing public attention on the plight of the home owners and the defaults of Shwet Realtors in particular, but nevertheless, the police will probably register an FIR for "House Trespass" and related offences against the home-buyers and the rock-climber, and promptly issue arrest warrants. The fact that the redeveloper delayed possession of the flats for years will not cut ice, because the police or magistrate view the builder's actions as a "civil dispute", and the buyers' actions as a "criminal offence". Bottomline: Our system i...