Supreme Court refuses to stay FDI policy in retail

October 15, 2012

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New Delhi, October 15: The Supreme Court on Monday refused to stay the Centre’s decision to allow Foreign Direct Investment (FDI) in retail sector.

A bench of justices R M Lodha and A R Dave, however, said that the policy suffers from “curable” irregularity of want of legal sanction and asked the RBI to amend the Foreign Exchange Management Act (FEMA) regulations to allow implementation of the government’s policy.

The bench said the RBI should have amended the FEMA regulations before the implementation of FDI policy and asked the banking regulator to take steps to remove the lacunae in the way of giving a final shape to the policy.

The court observed that the regulations should have been amended before the Centre issued the notification, but clarified that the irregularity can now be cured with RBI amending FEMA regulation.

“At least it can be said that it is an irregularity that is curable and as soon as amendment is brought, it would be cured,” the bench said.

During the argument, the court said the policy cannot be stayed just because of this irregularity.

Attorney General G E Vahanvati submitted that he would talk to the RBI Governor to take immediate steps for bringing amendment in the FEMA regulations.

The bench after hearing his submission adjourned the matter for further hearing on November 5.

The court was hearing a PIL filed by lawyer M L Sharma, who has said that RBI’s nod was missing from the Centre’s policy allowing FDI in retail sector.

The apex court on October 5 had sought the assistance of top law officers in hearing the PIL filed by Mr Sharma against opening the multi-brand retail sector to the FDI saying there was a need for clarification since some link is missing pertaining to the RBI regulation on the issue.

Mr Sharma has said in his petition that that retail trading is strictly prohibited under the law of FEMA under which the power to come out with a circular is vested with the RBI which has not issued any regulation after 2008.

He has alleged in his PIL that the Centre’s notification was issued without the authority of law as approval of of neither the President nor the Parliament was secured.

The apex court had, however, rejected the allegation saying “this assumption that the policy has to be in the name of the President is flawed and unfounded.”

“The Constitution does not provide that the policy should be in the name of the President.”

It further said a policy is never required to be placed before Parliament.

The apex court had also said that correctness of the policy has to be challenged on the touch stone of the circular whether it is ultra vires of the law or not.

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Agencies
February 10,2020

New Delhi, Feb 10: After an hour-long standoff between the security forces and the students on Monday, the police resorted to a lathi-charge on the protesters near Holy Family hospital which is within walking distance of Jamia Millia Islamia.

A scuffle ensued when police confronted the protesters who tried to push forward towards Parliament. The lathi-charge was made to push back the protesters.

In the melee that ensued, many from both sides fainted.

Some security forces personnel resorted to the lathi-charge while others pushed back the protesters when they threw water pouches at the security forces and abused them.

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News Network
February 5,2020

New Delhi, Feb 5: Union Home Minister Amit Shah on Tuesday announced that the Shri Ram Janmabhoomi Teertha Kshetra, set up by the government for construction of a temple in Ayodhya, will have 15 trustees and one of them will be from the Dalit community.

The statement comes a little over an hour after Prime Minister Narendra Modi announced in Lok Sabha about the constitution of the trust.

"There will be 15 trustees in the Shri Ram Janmabhoomi Teertha Kshetra Trust out of which one trustee will always be from the Dalit society," he tweeted.

Shah congratulated Modi "for such an unprecedented decision" that strengthens social harmony.

The home minister said the trust will be independent to take every decision related to the temple and 67 acres of land will be transferred to it.

"I fully believe that the waiting of millions of people for centuries will be over soon and they will be able to pay obeisance to Lord Shri Ram in his grand temple at his birthplace," he said.

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News Network
March 4,2020

Mar 4: Twenty-one Italian tourists and three Indian tour operators have been sent to an ITBP quarantine facility in Delhi on Tuesday for suspected coronavirus exposure, official sources said.

Health Ministry sources said these foreigners, 13 women and eight men, were in the same group of which an Italian and his wife have tested positive in Rajasthan capital Jaipur.

“His (Italian in Jaipur) condition is stable,” a source said.

Three Indians, who were accompanying this Italian group as tour operators, have also been sent to the ITBP facility in Chhawla area of south-west Delhi, they said.

All these people, staying at a five-star hotel in south Delhi, have been put in “preventive isolation” at the ITBP camp and their samples will be taken on Wednesday, sources said.

The centre already has 112 people, 76 Indians and 36 foreigners, since February 27 after they were evacuated by an IAF plane from Wuhan in China, the epicentre of the coronavirus.

The first samples of these 112 people had tested negative when reports came in last week.

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