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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News Network
February 17,2020

New Delhi, Feb 17: Indian officials denied entry to British lawmaker Debbie Abrahams on Monday after she landed at New Delhi's Indira Gandhi International Airport.

Debbie Abrahams, a Labour Party Member of Parliament who chairs a parliamentary group focused on the Kashmir, was unable to clear customs after her valid Indian visa was rejected, her aide, Harpreet Upal, told The Associated Press.

Abrahams and Upal arrived at the airport on an Emirates flight from Dubai at 9 am. Upal said the immigration officials did not cite any reason for denying Abrahams entry and revoking her visa, a copy of which, valid until October 2020, was shared with the AP. A spokesman for India's foreign ministry did not immediately comment.

Abrahams has been a member of Parliament since 2011 and was on a two-day personal trip to India, she said in a statement.

"I tried to establish why the visa had been revoked and if I could get a 'visa on arrival' but no one seemed to know," she said in the statement.

"Even the person who seemed to be in charge said he didn't know and was really sorry about what had happened. So now I am just waiting to be deported ... unless the Indian Government has a change of heart. I'm prepared to let the fact that I've been treated like a criminal go, and I hope they will let me visit my family and friends."

Abrahams has been an outspoken critic of the Indian government's move last August stripping Jammu and Kashmir of its semi-autonomy and bifurcating the state into two Union Territories.

Shortly after the changes to Kashmir's status were passed by Parliament, Abrahams wrote a letter to India's High Commissioner to the UK, saying the action "betrays the trust of the people" of Kashmir.

India took more than 20 foreign diplomats on a visit to Kashmir last week, the second such trips in six months.

Access to the region remains tight, with no foreign journalists allowed.

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News Network
February 2,2020

Lucknow, Feb 2: In an early morning firing at Lucknow's Hazratganj, the city centre, Vishva Hindu Mahasabha state president Ranjit Bachchan was killed while he was out on a morning walk on Sunday.

Ranjit Bachchan was taking a stroll in Hazratganj in the morning when bike-borne assailants opened fire on him and killed him on the spot. The Mahasabha leader was shot in the head multiple times.

The incident took place near the CDRI building in Lucknow's Hazratganj.

In the firing, Ranjit Bachchan's brother also suffered bullet injuries. He has been rushed to the trauma centre. Ranjit Bachchan was a resident of Gorakhpur.

The early morning shootout in the Uttar Pradesh capital's central area has caused tension in the area.

Dinesh Singh, DCP Central Lucknow, said, "The body has been identified as of Ranjit Bachchan, who had gone out on morning walk when some unknown assailant shot him. A police team has been formed and further investigation is being carried out."

Before being associated with the Mahasabha, Ranjit Bachchan was a Samajwadi Party member and was often spotted with former UP chief minister Akhilesh Yadav.

The Samajwadi Party has hit out at the Yogi Adityanath government over the law and order situation in the state and demanded immediate resignation of the government.

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Agencies
March 14,2020

New Delhi, Mar 14: The number of novel coronavirus cases in India rose to 83 on Saturday, which includes one death each from Delhi and Karnataka, the Union Health Ministry said.

While a 76-year-old man from Kalaburagi who had recently returned from Saudi Arabia died on Thursday, a 68-year-old woman in Delhi who had tested positive for coronavirus passed away at Ram Manohar Lohia (RML) Hospital on Friday night.

The woman, whose son with a travel history abroad had tested positive, died because of co-morbidity (diabetes and hypertension), the Health Ministry said, adding that she had tested positive for COVID-19.

Delhi has reported seven positive cases and Uttar Pradesh 11 so far. Karnataka has six coronavirus patients while Maharashtra has 14 and Ladakh three.

Besides, Rajasthan, Tamil Nadu, Jammu and Kashmir, Andhra Pradesh and Punjab have reported one case each. Telangana has reported two.

Kerala has recorded 19 cases, including three patients who were discharged last month after they recovered from the contagious infection with flu-like symptoms.

The total number of 84 confirmed cases includes 17 foreigners -- 16 Italian tourists and a Canadian, the ministry officials said.

Amid rising coronavirus cases in India, the government has asked people not to panic, saying no community transmission of the virus has been observed and there has only been a few cases of local transmission so far and that is "not a health emergency" in India at present.

With the World Health Organisation (WHO) declaring COVID-19 a pandemic, a Health Ministry official said over 4,000 people who had come in contact with the 83 positive cases have been identified through contract tracing and were being tracked while 42,000 people across the country are under community surveillance.

He said all essential facilities like community surveillance, quarantine, isolation wards, adequate personal protective equipment (PPEs), trained manpower, rapid response teams are being strengthened further in all the states and union territories.

The Centre as part of its measures to contain the spread of the disease on Friday announced that people will be allowed to travel through 19 of 37 land border checkposts from Saturday midnight and services of the Indo-Bangladesh cross border passenger trains and buses will continue to remain suspended till April 15.

Only four Indo-Nepal border checkposts will remain operational, and for citizens of Bhutan and Nepal visa-free entry to the country will continue, Home Ministry Additional Secretary Anil Malik had said.

He said the decision on closing the Kartarpur Corridor is under consideration

The government on Wednesday suspended all visas, barring a few categories like diplomatic and employment, in an attempt to prevent the spread of coronavirus.

It has asked Indian nationals to avoid all non-essential travel abroad.

All incoming international passengers returning to India should self-monitor their health and follow the required do's and dont's as detailed by the government.

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