Madhya Pradesh CM Shivraj Singh Chouhan tests covid positive

New Delhi, Mar 4: The Supreme Court on Wednesday revoked the ban of cryptocurrency imposed by the Reserve Bank of India (RBI) in 2018.

Pronouncing the verdict, the three-judge bench of the apex court said the ban was 'disproportionate'.

The bench included Justice Rohinton Fali Nariman, Justice S Ravindra Bhat and Justice V Ramasubramanian.

The Internet and Mobile Association of India (IAMAI), whose members include cryptocurrency exchanges, and others had approached the top court objecting to a 2018 RBI circular directing regulated entities to not deal with cryptocurrencies.

Advocate Ashim Sood, appearing for IAMI, submitted that Reserve Bank of India lacked jurisdiction to forbid dealings in cryptocurrencies. The blanket ban was based on an erroneous understanding that it was impossible to regulate cryptocurrencies, Sood submitted.

The petitioners had argued that the RBI's circular taking cryptocurrencies out of the banking channels would deplete the ability of law enforcement agencies to regulate illegal activities in the industry.

IAMAI had claimed the move of RBI had effectively banned legitimate business activity via the virtual currencies (VCs).

The RBI on April 6, 2018, had issued the circular that barred RBI-regulated entities from "providing any service in relation to virtual currencies, including those of transfer or receipt of money in accounts relating to the purchase or sale of virtual currencies".

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

Bhopal, Jun 20: A senior BJP MLA in Madhya Pradesh tested COVID-19 positive hours after he cast his vote for the Rajya Sabha polls in the state and attended party meetings, an official said on Saturday. The legislator's wife has also tested positive for the infection, he said.

Voting for three Rajya Sabha seats in the state took place on Friday.

The couple's test reports came on Friday night and the news of the MLA's infection triggered panic among other MLAs with some of them reaching hospitals to get themselves tested.

"The MLA and his wife were found infected with COVID- 19 in the tests conducted by a private laboratory. We are examining their condition and making a decision whether they need to be hospitalised or home quarantined," a health department official told.

He said that the MLA's contact tracing has been initiated.

"Further tests are also being conducted," he said.

He is the second legislator in Madhya Pradesh, who was tested coronavirus positive.

Earlier, a Congress MLA was found infected. He had voted for the Rajya Sabha polls on Friday after reaching the state assembly complex wearing a PPE suit.

Talking to , a member of the BJP MLA's family said that the medical team was called on Friday afternoon for the COVID-19 test after the legislator's wife complained of uneasiness.

"The MLA and his wife gave the samples to the medical team for the COVID-19 tests on Friday afternoon and they were told at night that both of them have tested positive for the infection," he said.

After the news of BJP MLA testing positive spread, a senior BJP MLA from Mandsaur, Yashpal Singh Sisodiya, reached government-run J P Hospital here along with two other party MLAs.

Talking to reporters, Sisodiya said, "I came here along with two other MLAs from our division- Dilip Makwana (Ratlam Rural) and Devilal Dhakad (Garoth)- after we came to know through media and social media that one of the MLAs from our division has tested positive for COVID-19."

"We don't have any symptoms, but came to test for COVID-19 as a precautionary measure," he said.

Dhakad said that he came for testing as he had dined with the MLA two days back.

Talking to , Madhya Pradesh State Assembly's Principal Secretary A P Singh said that all the precautionary measures were taken during the Rajya Sabha polling.

"All employees were in safety gears during the Rajya Sabha election process. The assembly campus was being sanitised every 15-20 minutes during the polling process...We are now going through the CCTV footage to trace those who had come in his contact," he said.

Congress MLA and former minister P C Sharma said that those who came in contact with the BJP legislator should be traced and quarantined.

"The employees and MLAs who came in contact with him during the voting process should be tested," Sharma said.