In a first, Supreme Court allows service of summons by WhatsApp, email, fax

Agencies
July 10, 2020

In a first, the Supreme Court on Friday allowed the service of summons and notices, a necessity in almost all legal proceedings, through instant messenger like WhatsApp as well as by e-mail and fax.

A bench headed by Chief Justice SA Bobde observed that it has been brought to the notice of the court that it is not feasible to visit post offices for service of notices, summons, and pleadings. The bench also comprising Justices AS Bopanna and R Subhash Reddy observed that notice and summons should be sent through e-mail on the same day along with instant message through WhatsApp and other phone messenger services.

The bench clarified that all methods should be deployed for a valid service on the party. "Two blue ticks would convey that the receiver has seen the notice," noted the bench.

The bench declined the request of the Attorney General for specifically naming WhatsApp as a mode of effectuating service. The top court noted that it would not be practical to specify only WhatsApp. The apex court also permitted RBI to extend the validity of cheques in the backdrop of lockdown to contain the coronavirus outbreak.

Senior advocate V Giri representing RBI informed the bench that he had circulated the note regarding validity of a cheque as directions issued on the previous hearing.

The bench noted that it will be in discretion of the RBI to issue orders which are suitable to alter the validity of the period of a cheque.

During an earlier hearing on the matter on July 7, the Attorney General contended before the top court that the Centre had some reservations in connection with the utilization of mobile applications like WhatsApp and other apps for service of summons. The Centre's top law officer informed the apex court that these apps claimed to be encrypted, and they were not trustworthy.

The RBI counsel had contended before the top court that it was considering clarifying the validity of a cheque which has been reduced to 3 months from 6 months.

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Agencies
June 9,2020

New Zealand's research institute in Antarctica is scaling back the number of projects planned for the upcoming season, in an effort to keep the continent free of coronavirus, it was reported on Tuesday.

The government agency, Antarctica New Zealand, told the BBC on Tuesday that it was dropping 23 of the 36 research projects.

Only long-term science monitoring, essential operational activity and planned maintenance will go ahead.

The upcoming research season runs from October to March.

"As COVID-19 sweeps the planet, only one continent remains untouched and (we) are focused on keeping it that way," Antarctica New Zealand told the BBC.

The organisation's chief executive Sarah Williamson said the travel limits and a strict managed isolation plan were the key factors for keeping Scott Base - New Zealand's research facility - virus free.

"Antarctica New Zealand is committed to maintaining and enhancing the quality of New Zealand's Antarctic scientific research. However, current circumstances dictate that our ability to support science is extremely limited this season" she said.

Earlier in April, Australia announced that it would scale back its activity in the 2020-21 summer season.

This included decreasing operational capacity and delaying work on some major projects.

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Agencies
July 15,2020

New Delhi, Jul 15: The employees union of state-run telecom operator BSNL will stage protests across the country on Thursday on a host of issues including the cancellation of its 4G tender and non-payment of salaries.

All major unions are organising ‘lunch-hour black-flag' demonstrations throughout the country under the banner of All Unions and Association of BSNL (AUAB), said a statement by AUAB. These demonstrations will be organised, by maintaining social distancing and by taking other precautions, like wearing of masks. The BSNL employees will also wear black-badges the whole day on July 16.

The employees body would demand that BSNL should immediately be allowed to roll out its 4G services and the tender should be issued immediately. Further, they want that in the matter of procuring new equipment and upgradation, there should not be any discrimination between BSNL and other private telecom service providers.

Recently, the Centre cancelled the 4G upgradation tender for BSNL as it had decided to come up with fresh specifications for the upgrade process, in a move to keep Chinese technology companies at bay as the border tussle escalated with the northern neighbour.

The Department of Telecommunications (DoT) would issue a fresh tender for the same, and people in the know said that Chinese companies may not be allowed to participate.

"The agitational programme is being organised to express the deep anguish and resentment of the employees against cancellation of BSNL's 4G tender, cancellation of BSNL's proposal for upgradation of its 49,300 BTSs to 4G, abnormal delay in issuing ‘Add on Order' for 4G equipments, inordinate delay in the implementation of BSNL's Revival Package and against the non-settlement of the burning problems of the employees," said the statement.

The umbrella body of BSNL's employees' unions noted that rolling out of 4G services is the backbone for the revival of this telecom PSU, but the recent cancellation of the tender floated by BSNL for procuring 4G equipment at a cost of Rs 9,300 crore, has brought the company back to square one.

It said that BSNL is already having 49,300 base transceiver stations (BTS), which are 4G compatible and through minor upgradation, all these equipment can be converted into 4G BTSs with an investment of about Rs 1,500 crore.

In addition to this, BSNL could have added another 15,000 BTSs, by placing an Add on Order to the existing mobile tender, it added.

Noting that in October 2019, the PSU could have rolled out pan-India 4G services, AUAB said: "Being the sole owner of the company, the Government of India also cannot shirk its responsibility in this matter."

"Adding insult to injury, the tender floated by BSNL to procure 4G equipment, has been cancelled by the government, based on a complaint from the Telecom Equipments and Services Promotional Council (TEPC)," it said.

AUAB said that BSNL is already lagging four years behind the private operators, in terms of 4G and the cancellation of the tender is going to inordinately delay the company's 4G launch.

Saying that TEPC's contention has been to bar foreign companies from participating in BSNL's tender, AUAB statement pointed out that when private operators are procuring equipment from multinationals, "why BSNL alone should be compelled to procure 4G equipments from domestic vendors, whose 4G technology is not tested or proven so far."

It alleged a conspiracy to destabilise BSNL by disrupting its rolling out of 4G services.

AUAB further said that even after the lapse of nine months, the implementation of the much publicised BSNL's Revival Package is moving at a snail's pace.

"Except the swift retrenchment of 79,000 BSNL employees under VRS, all other assurances given in BSNL's Revival Package have been put in cold storage."

The management should ensure that the salary payment of the employees is made on the last working day of every month. Deductions made from employees' salary, on account of "society dues", should immediately be remitted, it said.

Regarding the monetisation of the company's assets under the revival package, the organisation said that the land asset should not be handed over to corporates, at "throwaway" prices.

"These lands should be sold in a transparent manner and at the prevailing market rates. They should not be sold at book value or at circle rates. The AUAB will strictly monitor these dealings," it said.

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Agencies
January 25,2020

New Delhi, Jan 25: The Patiala House court on Saturday started hearing a plea filed by the Nirbhaya convicts that alleged that the Tihar Jail administration have "not presented the papers on time".

The Public Prosecutor informed the court that Tihar Jail authorities have already supplied the relevant documents. He further informed that these are mere delaying tactics adopted by the convicts.

Advocate A.P. Singh, lawyer for three of the four death row convicts in the Nirbhaya gang-rape case had moved an application before the court seeking directions to the Tihar Jail authorities to supply him the relevant documents in order to exercise the remaining legal remedies available with the death row convicts -- Vinay Pawan and Akshay.

The Public Prosecutor also told the court that he spoke to the jail authorities over the phone and a report in this regard will be filed shortly as the jail officials were on their way to the court.

The judge demanded from the convicts lawyer to show what he has filed.

The convicts lawyer, A.P. Singh, said that he received some documents, but has still not been supplied with the personal diary of one of the convict -- Vinay Kumar Sharma and also the medical documents.

Judge then asked the lawyer to wait for until the report arrives form the Tihar Jail.

On this, the convicts lawyer said he was not questioning the intention of the jail. "I know the jail has been changed. It isn't there fault, too," he said.

The Public Prosecutor refuted the allegation saying that the defence counsel was trying to defeat the speed of law.

"We have supplied all the documents to the counsel. We have supplied all the documents except the painting and some other documents. We have nothing apart from that," public prosecutor said.

Singh, in his plea filed before the Patiala House Court sought urgent orders of the court in order to file a mercy petition of Vinay Sharma and in relation to requests for documents for convicts Vinay Sharma, Pawan Kumar Gupta and Akshay Kumar Singh.

He further said that the convicts undertook several steps to obtain relevant information necessary for filing the mercy petitions. In regular interval, the convicts requested the concerned authority to supply documents pertaining to their medical records from 2012 to 2015 and 2019-2020, records of cellular confinement, records of the amount earned in prison through labour, records of educational and reformative activities like Tihar Olympics and Painting, etc.

The Supreme court had recently dismissed the curative petition for the other two convicts -- Vinay Kumar Sharma (26) and Mukesh Singh (32).

The court had recently issued death warrant against the convicts and fixed 6 a.m. on February 1 as the date and time of execution of the death penalty.

The 23-year-old victim in the case was brutally gang raped and tortured on December 16, 2012, which later led to her death. All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and subsequently upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

A Juvenile involved in the crime was convicted by a juvenile justice board and released from a reformation home after serving a three-year term.

Hearing in a different case, Chief Justice of India S.A. Bobde on Thursday said a condemned person cannot fight the death penalty endlessly and it was important for the capital punishment to reach its finality.

The death penalty, he noted, cannot be questioned at every turn by the convict.

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