Bail to Chidambaram will set 'very wrong precedent' in corruption cases, CBI tells Delhi HC

Agencies
September 20, 2019

New Delhi, Sept 20: Granting bail to P Chidambaram will not only go against the zero-tolerance policy on corruption but also set a "very wrong precedent", the CBI told the Delhi High Court on Friday while opposing the Congress leader 's bail plea in the INX Media case.

In its reply filed on Chidambaram' petition, the Central Bureau of Investigation (CBI) alleged irregularities in the case amount to "betrayal of public trust at large".

The agency submitted his judicial custody has become essential considering the "nature, degree and the gravity of the offence, his influential position, the apprehension of tampering with the evidence and the witnesses".

There is sufficient evidence on record which reveals the role of Chidambaram and other co-accused, the CBI stated.

It contended the former Union minister was non-cooperative during the investigation and was confronted with all material available on record. "However, he remained evasive on all questions," the agency told the court.

The CBI submitted there were "compelling reasons" for it to be cautious about the possibility of Chidambaram being a flight risk.

Hearing on the petition filed by the Congress leader, who is currently lodged in Tihar jail, is scheduled to take place on Monday.

A Delhi court had on Thursday extended his judicial custody till October 3 in the corruption case filed by the CBI. He was arrested by the agency on August 21 and was in its custody till September 5. On August 6, he was sent to judicial custody.

Chidambaram, through one of his counsel, has sought the court's direction for a regular check-up and adequate supplement diet in the jail on the ground that he is suffering from various ailments and has lost some weight during his prison stay.

Chidambaram was the Finance Minister when the Foreign Investment Promotion Board (FIPB) gave Foreign Direct Investment (FDI) clearance to INX Media in 2007.

He is facing probe by the CBI and the Enforcement Directorate (ED) for alleged irregularities in granting the clearance to INX Media to the tune of Rs 305 crore.

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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News Network
June 3,2020

Jun 3: Emphasising that airlines are clearly the safest mode of transportation, IndiGo CEO Ronojoy Dutta on Tuesday said there is no evidence yet of coronavirus infection getting transmitted among passengers onboard an aeroplane.

His comments against the backdrop of instances of some passengers, who had taken flights after resumption of domestic air services on May 25, testing positive for coronavirus.

"Those people had the virus before they got on to the aeroplane. What is noteworthy is that they have done the tracing after that. There is no evidence of transmission onboard there... that is a very encouraging sign on the safety of airline travel," he said during an earnings call.

According to him, airlines are clearly the safest mode of transportation and there is no evidence yet of contamination on an aircraft.

"You can come in contaminated but so far there is no evidence of passing it on to a fellow passenger," he noted.

Amid concerns over the coronavirus pandemic, aviation regulator DGCA has asked airlines to ensure that to the extent possible, middle seat in flights should be kept empty.

In this regard, Dutta said the airline would keep the middle seat empty wherever it can and "where we have to fill the middle seat, we will have the extra protective gown".

To a query about possible hedging of fuel prices, he said it would be a dumb idea and that airlines adjust to ups and downs in fuel prices.

"I can't overemphasise what a dumb idea it will be for an airline to hedge fuel prices. I looked at it from different angles and it is not a good idea... we looked at hedging and we talked about it at the board level and we said no," he noted.

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News Network
July 18,2020

Jaipur, Jul 18: BJP leader Laxmikant Bhardwaj filed a complaint against Congress leaders including Randeep Surjewala and Govind Singh Dotasra for associating Union Minister Gajendra Singh Shekhawat's name with an alleged audio clip related to "conspiring to topple" the elected government led by Chief Minister Ashok Gehlot in Rajasthan.

"Mahesh Joshi, Randeep Surjewala, and other accused have regularly been giving false and inflammatory statements against the BJP to criminally damage its reputation so that the blame for the current sorry state of affairs of the Congress can be pinned on the BJP. With the ill-intention of damaging the BJP''s reputation, a conspiracy was formed at the Chief Minister''s residence situated at 8 Civil lines," read the letter written by BJP Rajasthan spokesperson Bhardwaj to the Station Officer of Ashok Nagar police station read.

"From there (CM's residence) imitation of (voices) of people were falsely told to be of that of reputed leaders from the BJP and a fake phone conversation was created through which the false narrative of crores of rupees being offered to buy off Congress MLAs was created. The accused involved in this conspiracy have severely misused their position and power and the whole crime has been conducted by one named Lokesh Sharma, who calls himself an OSD of the Chief Minister," the letter further stated.

The complaint letter also said that Lokesh Sharma had "released three audio tapes to media workers on July 16, 2020, somewhere around 8:25 pm through WhatsApp so that the defamatory material can be circulated on a large scale to fulfill the criminal intent."

Mr Bhardwaj said that a news report in the Jaipur edition of a Hindi newspaper, published on July 17, 2020, had conveyed that the audiotape was released by Mr Sharma.

He further said that Congress leaders Randeep Surjewala, Govind Singh Dotasra, in a press conference held on Friday read out the conversation in the audio tapes publically and "using them as a basis accused the BJP of throttling democracy, sabotaging the mandate, and toppling the government."

Through this conspiracy, Mr Bhardwaj said that hateful and insulting comments are being made on the BJP and its supporters, and "on the basis of this the Special Operation Group (SOG) has filed fake lawsuits under Section 124A of the Indian Penal Code and is also threatening BJP leaders of arrest."

The BJP leader has urged the police officer to file a complaint against Mr Sharma, Mr Surjewala, Mr Dotasra, and others involved in the alleged conspiracy and take necessary action and recover the equipment used by them.

On June 17, Congress spokesperson Randeep Surjewala had accused Union Cabinet Minister Gajendra Singh Shekhawat and Congress legislator Bhanwarlal Sharma of conspiring to topple the elected government led by Chief Minister Ashok Gehlot in Rajasthan and subvert the voters' mandate.

"Yesterday, shocking tapes were aired by the media in which Union Minister Gajendra Singh Shekhawat, BJP leader Sanjay Jain and Congress MLA Bhanwar Lal Sharma spoke about bribing MLAs and bringing down Rajasthan government. Congress has suspended MLAs Bhanwar Lal Sharma and Vishvendra Singh from the primary membership of the party. The party has also issued show-cause notices to them," Mr Surjewala had said.

"We demand Rajasthan government and Special Operations Group (SOG) to register FIR and arrest the culprits as plenty of evidence has surfaced now," he had further stated.

Mr Surjewala had read out a transcript of an audio of alleged horse-trading between rebel MLAs and BJP, stating, "BJP has breached the trust of people. The audio clip reveals a horse-trading deal. This is a dark chapter in the history of democracy."

"This time the Narendra Modi government has challenged the wrong state," the Congress leader had said. He had alleged that the BJP has been "conspiring to topple Rajasthan government and buy legislators' allegiance."

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