Loan defaulters have no right to have lawyer in 'in-house' proceedings of banks: SC

Agencies
May 12, 2019

New Delhi, May 12: The Supreme Court has held that a person has no "right" to be represented by a lawyer in "in-house" proceedings initiated by banks or financial institutions to declare him willful defaulters for non-payment of dues.

A bench comprising Justices R F Nariman and Vineet Saran was dealing with the question whether a person is entitled to be represented by a lawyer of his choice in the process undertaken by banks to declare him a "wilful defaulter" under a circular issued by the Reserve Bank of India (RBI).

"We are of the view that there is no right to be represented by a lawyer in the in-house proceedings contained in...the Revised Circular dated July 01, 2015, as it is clear that the events of wilful default as mentioned...would only relate to the individual facts of each case.

"What has typically to be discovered is whether a unit has defaulted in making its payment obligations even when it has the capacity to honour the said obligations; or that it has borrowed funds which are diverted for other purposes, or siphoned off funds so that the funds have not been utilised for the specific purpose for which the finance was made available," the top court said in its verdict delivered on last Wednesday.

It said that the question whether a default was "intentional, deliberate, and calculated" was the question of fact which can be dealt by the borrower or the lender and the assistance of lawyer was not needed.

The apex court allowed the appeal of State Bank of India against the Delhi High Court order which had held that the firm, Jah Developers Pvt. Ltd., can be represented by lawyers in the in-house proceeding of the lending bank to declare it a willful defaulter.

Setting aside the high court order, the apex court ordered that the bank must give to the borrower the copy of the order of the first in-house committee which conducted the proceedings to declare the firm a willful defaulter.

"The borrower can then represent against such order within a period of 15 days to the Review Committee...The Review Committee must then pass a reasoned order on such representation which must then be served on the borrower, the apex court said.

The lending bank had contended that the defaulting borrower does not need the assistance of lawyers in the proceedings as no complex legal questions are decided in declaring a person a willful defaulter.

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News Network
January 15,2020

New Delhi, Jan 15: The mother of 23-year-old paramedic student, who was raped and brutally assaulted by six men in December 2012, on Tuesday said she knew that the curative petitions of the convicts will be rejected and is confident that they will be hanged on January 22.

Her remarks came after the Supreme Court on Tuesday refused to stay the execution of two of the four death row convicts in the 2012 Nirbhaya gang rape and murder case while dismissing their curative petitions against their conviction and capital punishment.

"The curative please had to be rejected. This was the third time they had gone to the Supreme Court. Whatever pleas they file, we are ready to face them and we will fight it out. We feel that they will be hanged on January 22. We want that to happen," Nirbhaya's mother told PTI over phone.

The four convicts -- Vinay Sharma (26), Mukesh Kumar (32), Akshay Kumar Singh (31) and Pawan Gupta (25) -- are to be hanged on January 22 at 7 am in Tihar jail as a Delhi court issued their death warrants on January 7.

Vinay and Mukesh had filed curative petitions on January 9.

Shortly after the apex court refused to stay the execution of two of them, Mukesh moved a mercy petition before President Ram Nath Kovind.

Mukesh also approached the Delhi High Court for quashing the death warrant. The high court is expected to take up his petition on Wednesday.

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News Network
March 7,2020

Srinagar, Mar 7: Two more accused, including a man who allegedly bought chemicals online for making improvised explosive device (IED) to be used in an attack on a convoy of the Central Reserve Police Force (CRPF) in Jammu and Kashmir's Pulwama last year, were arrested by the National Investigation Agency (NIA) on Friday, an official said.

The terror attack left 40 CRPF personnel dead in south Kashmir's Pulwama last year.

Waiz-ul-Islam, 19, from Srinagar and Mohammad Abbass Rather, 32, from Pulwama were arrested by the NIA, taking the number of those arrested in the case in the past week to five.

"During initial interrogation, Islam disclosed that he used his Amazon online shopping account to procure chemicals for making IEDs, batteries and other accessories on the directions of Pakistani Jaish-e-Mohammed (JeM) terrorists," the official said.

He said Islam personally delivered the items to the JeM terrorists after buying them online as a part of the conspiracy to carry out the attack.

"Rather is an old overground worker of the JeM. He has disclosed that he gave shelter at his home to Jaish terrorist and IED expert Mohd Umar after he came to Kashmir in April-May 2018," the official said.

Rather also sheltered other JeM terrorists - suicide bomber Adil Ahmad Dar, Sameer Ahmed Dar and Kamran, a Pakistani -- at his house before the Pulwama attack, the official said.

"He also facilitated safe shelter for the JeM terrorists, including Adil, at the house of accused Tariq Ahmed Shah and his daughter Insha Jan of Hakripora, who were arrested on March 3," the official said.

He said Islam and Rather will be produced before the NIA special court in Jammu on Saturday, while further investigation in the case continues. The NIA took over the case to probe the conspiracy behind the February 14, 2019, attack in Pulwama.

The last video of Adil, which was released by the JeM from Pakistan after the terror attack, was filmed at the home of Tariq Ahmed Shah. On February 28, the NIA achieved a major breakthrough in the case when it arrested 22-year-old Shakir Bashir Magrey, a furniture shop owner and resident of Pulwama.

Magrey had given shelter and other logistical assistance to suicide bomber Adil. He was introduced to Adil in mid-2018 by Pakistani terrorist Mohammad Umar Farooq and he became a full-time OGW of the JeM.

The explosives used in the attack were determined through forensic probe to be ammonium nitrate, nitro-glycerin and RDX. During investigation into the attack, the identity of the suicide bomber to be Adil Ahmad Dar was confirmed through DNA matching with that of his father.

The other key terrorists involved in the attack have been found to be JeM's south Kashmir divisional head Muddasir Ahmad Khan, killed in an operation by the security forces on March 11 last year; Pakistani terrorists Muhammad Umar Farooq and IED expert Kamran, both killed on March 29 last year; the owner of the car Sajjad Ahmad Bhat, a resident of Anantnag who was killed on June 16 last year, and Qari Yassir, JeM's commander for Kashmir who was killed on January 25 this year.

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News Network
May 29,2020

New Delhi, May 29: More than 38,000 doctors, including those retired from the Armed Forces Medical Services, have volunteered to help the government in its fight against COVID-19 pandemic, a senior official said on Friday.

On March 25, the government had made an appeal to doctors, including the retired ones, to come forward and join the efforts to fight the pandemic.

"38,162 volunteer doctors, including retired government, Armed Forces Medical Services, public sector undertaking or private doctors have signed up with the government to battle COVID-19 pandemic," the official said.

The official further said Niti Aayog has sent a list of names of these doctors to Ministry of Health and Family Welfare and National Disaster Management Authority (NDMA).

In a statement posted on Niti Aayog's website on March 25, the government had said those who wish to contribute to this noble mission may register themselves through a link provided on the Aayog's website.

"The Government of India requests for volunteer doctors who are fit and willing to be available for providing their services in the public health facilities and the training hospitals in the near future.

"We appeal to such doctors to come forward at this hour of need. You could also be a retired government, Armed Forces Medical Services, public sector undertaking or a private doctor," the statement had said.

It had noted that in case the outbreak leads to a high number of infected individuals, India's public health facilities will face tremendous load to take care of a large number of patients.

Many countries, including the US, Italy, the UK and Vietnam, had also urged retired health workers to come back to work amid the pandemic.

The number of COVID-19 cases in India has climbed to 1,65,799, making it the world's ninth worst-hit country by the coronavirus pandemic.

The Health Ministry on Friday said the death toll due to COVID-19 rose to 4,706 in the country.

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