Four SC judges break silence, slam administration of top court

Agencies
January 12, 2018

New Delhi, Jan 12: In an unprecedented move, four senior-most judges of the Supreme Court today called a press conference and said the situation in the top court was "not in order" and many "less than desirable" things have taken place.

Unless this institution is preserved, "democracy will not survive in this country," the four judges said.

Justice J Chelameswar, the second senior judge after the Chief Justice of India, said "sometimes administration of the Supreme Court is not in order and many things which are less than desirable have happened in the last few months".

Chelameswar, who was accompanied by Justices Ranjan Gogoi, M B Lokur and Kurian Joseph at the press conference, said they had met CJI Dipak Misra this morning and "raised issues affecting the institution".

Soon after the press conference by the four senior-most judges, the CJI called Attorney General K K Venugopal for a meeting, court sources said.

At the presser held at his house, Justice J Chelameswar said "unless this institution is preserved, democracy will not survive in this country" and added it was "extremely painful" to hold a press conference in such a manner.

He said the four judges had written a letter to CJI Dipak Misra some time back, raising important issues.

But all of them "failed to persuade CJI that certain things are not in order and therefore you should take remedial measures. Unfortunately our efforts failed.

"And all four of us are convinced that democracy is at stake and many things have happened in recent past," he said.

Asked what these issues were, he said they included the "allocation of cases by CJI". The remarks assume significance as the Supreme Court today took up for consideration the issue of alleged mysterious death of special CBI judge B H Loya, who was hearing the sensitive Sohrabuddin Sheikh encounter case.

Justice Chelameswar said "we owe a responsibility to the institution and the nation. Our efforts have failed in convincing CJI to take steps to protect the institution."

"This is an extraordinary event in the history of any nation, more particularly this nation and an extraordinary event in the institution of judiciary ... It is with no pleasure that we are compelled to call this press conference.

"But sometimes administration of the Supreme Court is not in order and many things which are less than desirable have happened in the last few months."

All the judges rubbished questions on whether they have broken ranks, with Justice Gogoi saying "nobody is breaking the rank and it is a discharge of debt to the nation, which we have done." Justice Gogoi would be succeeding the incumbent CJI in October this year.

Asked whether they wanted the Chief Justice to be impeached, Justice Chelameswar said "don't try to put words in our mouth".

The four judges, in their seven-page letter to the CJI, said "It is too well settled in the jurisprudence of this country that the chief justice is only first amongst the equals -- nothing more or nothing less."

The letter reads, "It is with great anguish and concern that we have thought it proper to address this letter to you so as to highlight certain judicial orders passed by this court which has adversely affected the overall functioning of the justice delivering system and the independence of the high courts besides impacting the administrative functioning of the office of the Chief Justice of India."

"There have been instances where cases having far reaching consequences for the nation and the institution have been assigned by the chief justices of this court selectively to the benches 'of their preference' without any rationale basis for such assignment. This must be guarded against at all costs," it said.

Also Read: Issue of judge B H Loya’s ‘mysterious’ death a serious matter: Supreme Court

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News Network
April 26,2020

New Delhi, Apr 26: The total count of coronavirus cases in the country surged to 26,917 on Sunday.

The total COVID-19 cases in the country are inclusive of 5,913 cured and discharged patients, one migrated, and 826 deaths. At present, there are 20,177 active COVID-19 cases in the country.

The Federation of Resident Doctors' Association (FORDA) wrote to the Union Health Minister, Dr Harsh Vardhan, seeking assistance regarding accommodation facilities for resident doctors advised for home quarantine.

In a letter to the Health Minister, the association stated that recently there have been reports of resident doctors from various hospitals who tested positive for COVID-19. As a consequence, their primary contacts who are mostly their colleagues and resident doctors, have been advised to be on home quarantine, the association added.

On the other hand, Maharashtra continues to have the largest number of COVID-19 positive cases at 7,628 . 1,076 persons have been cured in the state while 323 persons have died.

Fresh cases have been reported several states including West Bengal, Maharashtra, Rajasthan and Uttar Pradesh.

The total number of cases in Indore has risen to 1,176, including 57 deaths.

While 133 deaths have been reported from Gujarat where the total number of cases spiked up to 3,071.

Kerala has seen a recovery rate of around 74 per cent as 338 out of the total 457 COVID-19 positive patients recovered in the state with only 4 fatalities.

Delhi has seen 2,625 COVID-19 positive cases and 54 deaths due to the pandemic.

Here's a quick read on the COVID-19 related updates:

1. A five-member Central team visited Telangana Director General of Police (DGP) office here on Sunday, to review the law and order situation in the state and oversee how the state police are ensuring the implementation of the lockdown.

2. Post Graduate Institute of Medical Education and Research (PGIMER) Chandigarh and AIIMS Delhi and Bhopal will study the effectiveness of Mycobacterium w in critical COVID-19 patients.

3. Chandigarh-based Post- Graduate Institute of Medical Education and Research (PGIMER) said that it has assessed the safety of mycobacterial w (Mw), an immunomodulator for leprosy, in four hospitalised patients of COVID-19, and has found no short-term adverse effect.

4. As many as 2,189 cases were lodged and 10,062 people have been arrested so far, for the breach of lockdown norms in Uttarakhand.

5. The Delhi High Court has directed that COVID-19 related tests should be made available to the general public at the lowest cost possible as the country is going through an unprecedented medical crisis affecting public order.

6. Bihar government has ordered two automatic RNA extraction machines, said the Principal Secretary of Health, Sanjay Kumar today.

7. Medical services at Babu Jagjivan Ram Hospital in the Jahangirpuri area have been closed and the hospital is being sanitised after 44 staff members including doctors were tested positive for COVID-19, Delhi Health Department said.

8. In order to support the frontline workers in the fight against COVID-19, Samsung and Google will be offering free phone repairs to health care workers and first responders.

9. Bhopal Division of Indian Railways has converted 74 railways coaches into isolation wards, said Sunil Dhingra, Senior Section Engineer of Bhopal Division.

10. Indian High Commission here on Sunday said two Air India and one Blue Dart flights will send about 78 tonnes of cargo to India as part of the 1 million PPE kits being sourced from Singapore-based company.

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News Network
May 25,2020

New Delhi, May 25: Realtors' apex body CREDAI has written a letter to Prime Minister Narendra Modi, seeking immediate relief measures to tide over the crisis caused by the COVID-19 pandemic.

The association, which has around 15,000 developer members, has sought one-time debt restructuring, lower interest rate on home loans and tax sops to boost liquidity and demand in the sector.

In an open letter to the prime minister, the Confederation of Real Estate Developers' Associations of India (CREDAI) said, "In this distressful situation arising out of the COVID-19 calamity, we in the real estate sector seek immediate relief for our survival."

Stating that the sector contributes substantially to the country's GDP and has backward and forward linkages with almost 250 industries, CREDAI said, "Our survival, therefore, is not just desirable, it is rather crucial for the economy."

Liquidity crunch, stagnant demand and cartelization of raw materials are major impediments for the industry to kickstart, it added.

CREDAI made seven recommendations to revive the sector and sought immediate intervention from the prime minister.

Pointing out that the situation is "much worse" than global financial crisis in 2008, CREDAI said "a one-time restructuring scheme as was permitted by RBI in 2008 may be quickly instituted by all lending institutions."

Since real estate was already reeling under a cyclical downturn before COVID-19, debt restructuring needs to be allowed for all accounts which were standard as on December 31, 2019, it added.

CREDAI demanded that all banks, non-banking financial companies (NBFCs) and housing finance companies (HFCs) should be directed to provide additional credit equal to 20 per cent of the existing real estate project related advances with no additional security and without the classification of project as NPA.

The penal interest charged by banks and financial institutions should be suspended for a period of one year or until such time as it takes for the pandemic to abate.

To revive housing demand, CREDAI suggested that "government should reduce the maximum rate of interest on new home loans to 5 per cent by subsidizing the interest component of EMIs for next five years."

The limit of principal deduction on housing loan under Section 80C should be increased to 2.5 lakh.

Interest deduction under Section 24 on housing loan for homebuyers may be increased to Rs 10 lakh, it said.

There should be no capital gains for residential properties held for a period longer than one year.

CREDAI also demanded that the subvention scheme be allowed again by National Housing Bank (NHB) and the Reserve Bank.

Under the scheme, builders used to pay EMIs on behalf of homebuyers during construction of projects.

"The economic uncertainty and job insecurity at the moment would not allow purchase of residential property at this time. A scheme whereby a homebuyer would need to pay only margin money with no EMI for 24 months will address this insecurity," the letter said.

The association pointed out that prices of cement and steel have been increased during the lockdown period, and asked for crackdown on cartelisation by manufacturers.

On the GST front, CREDAI said that the current regime of GST provides a rate of 1 per cent  for affordable housing.

"The limit of Rs 45 lakh serves as a criterion of affordability for the purpose of GST. On all other housing, GST is applied at the rate of 5 per cent without input tax credit. It has been felt that the criterion of Rs 45 lakh is too low an index of affordability anywhere across the country, and especially so in the metros," the letter said.

It will serve as an inducement to buyers in the metros if the benefit of GST at the rate of 1 per cent is extended to units costing up to Rs 75 lakh, the association said.

CREDAI pointed out that the flat rate of 5 per cent GST for under construction residential housing is causing cost build up and is acting as a deterrent for sale of under construction projects since there is no GST on completed units.

It suggested that GST rate of 1 per cent and 5 per cent, without input tax credit, should continue.

"However, an option of GST @12 per cent for normal housing/ 8 per cent for affordable housing (with 1/3rd deduction for land i.e. effective GST rate of 8 per cent for normal housing and effective GST rate of 5 per cent for affordable housing) with input tax credit (ITC) benefits in line with the scheme applicable for the works contracts for government may be revived and made applicable to the real estate," the letter said.

Lastly, CREDAI demanded that a Rs 25,000 crore stress fund for completing stalled housing projects should be deployed at the earliest.

"We shall be grateful for your much-needed intervention for the above mentioned measures required to revive the real estate sector," CREDAI said in the letter to the PM.

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Agencies
June 9,2020

Srinagar, Jun 9: Suspended Jammu and Kashmir DSP Davinder Singh, who was nabbed while ferrying two Hizbul Mujahideen terrorists on the Srinagar-Jammu Highway, moved a Delhi court on Tuesday seeking interim bail.

Besides Singh, two other accused -- Syed Naveed Mushtaq and Imran Shafi Mir -- have also sought bail. The Special Cell of the Delhi Police is probing their role in the alleged planning of a terror attack.

The trio has sought bail asserting that there is no evidence to show that there was any conspiracy to commit an act that would threaten the sovereignty of the country. The court has listed the matter for hearing on Wednesday.

"The accused are wrongly and falsely implicated in the case. There is also no material to substantiate that the accused had the intention or conspired to carry out a terror strike," the plea stated.

Singh is currently under judicial custody at the Hira Nagar Jail in J&K till June 16. Besides Singh, three other accused -- Javed Iqbal, Syed Naveed Mushtaq and Imran Shafi Mir -- are also under custody.

Delhi Police's Special Cell had brought him from Hira Nagar Jail to the national capital in March for interrogation in another case.

The police had earlier told the court that Mushtaq, who was the commander of Hizbul Mujahiddeen in Shopian district, along with other militants were planning to execute a terror attack in Delhi and other parts of the country and targeted killings of protected persons.

In connection with this, the Delhi Police had filed an FIR which stated that the youth of Jammu and Kashmir and Punjab are being trained for carrying out terrorist activities. Singh was taken into custody under this FIR and was also interrogated regarding the Khalistan angle.

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