Supreme Court refuses to stay FDI policy in retail

October 15, 2012

sc

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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 8,2020

Jamnagar, Apr 7: A 14-month-old baby boy, who had tested positive for coronavirus in Gujarat's Jamnagar district on April 5, died of multiple organ failure on Tuesday, said officials.

The toddler, son of a migrant labourer-couple having no recent travel history, died in the evening at a government hospital in Jamnagar, said an official release.

He was in a critical condition ever since he was admitted to the hospital, it said.

The boy, who tested positive for coronavirus two days ago, was as on ventilator support and eventually died due to multiple organ failure, said the release.

He becomes the youngest patient to succumb to COVID-19 in Gujarat, where the death toll has now gone up to 16.

The baby was the first and the only case of coronavirus infection so far in entire Jamnagar district and the youngest to be diagnosed with the disease in Gujarat.

Ever since he tested coronavirus positive, the authorities had been tracing the source of his infection.

His parents are from Uttar Pradesh and work as casual labourers in factories in the port city.

His parents, who have no travel history in the recent past, are asymptomatic (not showing symptoms) and kept under quarantine, officials said.

The locality where the couple resides in Dared village near Jamnagar city has been put under complete lockdown to check the spread of the virus, they said.

Gujarat has so far recorded 175 coronavirus positive cases and 16 fatalities.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
February 11,2020

Bhadohi, Feb 11: With just two days left for the State Budget Session, a widow from Uttar Pradesh''s Bhadohi district has accused BJP MLA Ravindranath Tripathi and six others of sexual harassment over the years, the police said.

The incident is likely to cause considerable embarrassment to the ruling Yogi Adityanath government.

Bhadohi Superintendent of Police (SP) Ram Badan Singh said: "The woman, whose husband died in 2007, met the BJP MLA Ravindranath Tripathi''s nephew in 2014. She said that she was physically exploited by him for many years on the pretext of marriage."

The complainant also said that the nephew then got her lodged in a Bhadohi hotel for about a month during the 2017 Uttar Pradesh Assembly elections, "where she was raped by the MLA and his other family members".

The case has been handed over to the Additional Superintendent of Police for further investigations.

A case is yet to be registered.

The Uttar Pradesh Budget Session starts from Thursday.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 29,2020

May 29: A total of 367 domestic flights, carrying 30,136 passengers, operated throughout the country till 5 pm on Thursday, Civil Aviation Minister Hardeep Singh Puri said.

Airports in West Bengal also started operations on Thursday, three days after domestic air travel resumed in India after a gap of two months.

All scheduled domestic passenger services were suspended in India from March 25 to May 24 due to restrictions in the wake of the coronavirus pandemic.

Earlier in the day, Puri had said that 460 domestic flights carrying 34,336 passengers were operated on Wednesday.

In the case of West Bengal, the minister on Sunday had said that the state will handle domestic flights from Thursday.

"Figures for domestic flights for 28th May 2020 are in. Departures 367, 30,136 passengers handled. Arrivals 310, 25,530 passengers handled. Total movements 677 with 55,666 passenger footfalls at airports.

 “Total number of flyers 30,136. These are numbers till 1700 hrs for Day 4," Puri said in a tweet.

A total of 428 domestic flights carrying 30,550 passengers and 445 domestic services carrying 62,641 flyers were operated in the country on Monday and Tuesday, respectively.

In February this year, when the lockdown was not imposed, around 4.12 lakh passengers travelled daily through domestic flights in India, according to Directorate General of Civil Aviation (DGCA) data.

During the pre-lockdown period, Indian airports handled around 3,000 daily domestic flights, aviation industry sources said. A total of 16 asymptomatic passengers on seven different flights including 13 of them who travelled by IndiGo have tested positive for COVID-19 since the resumption of domestic air services on Monday, according to airlines data.

Two of the three asymptomatic passengers who tested positive for the infection had travelled by Spicejet while one took a flight of Air India subsidiary Alliance Air.

The Karnataka government, meanwhile, said on Thursday it has requested the civil aviation ministry to reduce the number of flights originating from five states--Maharashtra, Gujarat, Tamil Nadu, Madhya Pradesh and Rajasthan--in the light of the high number of COVID-19 cases there, hours after a minister said it has "suspended" air travel from these states.

Seeking to clarify his statement, Law and Parliamentary Affairs Minister J C Madhuswamy maintained that Karnataka has not sought imposing a ban on flights from the five states as reported in some sections of the media. "India is flying high. Domestic operation figures for May 27, 2020 (till 23.59 hrs): Departures 460 with 34,336 passengers handled. Arrivals 464 with 33,525 passengers handled," Puri had said earlier in the day on Twitter.

If a flight takes off before midnight and lands in another airport after midnight, its departure and arrival are counted on different days, leading to a seeming mismatch in the figures of a particular day.

The Delhi airport, India's busiest airport, is scheduled to handle 147 departures and 145 arrivals on Thursday, said senior government officials. The Mumbai airport's operator MIAL said it handled a total of 50 domestic flights on Thursday. International passenger flights continue to remain suspended in the country.

Airports in West Bengal, Andhra Pradesh, Maharashtra, Telangana and Tamil Nadu have been allowed to handle a restricted number of daily flights as these states do not want a huge influx of flyers amid the rising number of COVID-19 cases.

While domestic services resumed in Andhra Pradesh on Tuesday, they restarted in West Bengal on Thursday.

Though domestic flight operations across the country began on May 25, they could not be restarted in Kolkata and Bagdogra as the state's machinery was involved in relief and restoration work after cyclone Amphan's devastation.

"Welcome Back, Passengers! Kolkata Airport saw the arrival of 122 passengers from @DelhiAirport after two long months and 40 passengers departed to Guwahati. Proper checks were followed, and regular sanitization was carried out in the terminal which was abuzz with passengers," the Kolkata airport tweeted.

On Thursday, eleven flights took off from Kolkata and an equal number arrived in the city, sources at the Netaji Subhas Chandra Bose International Airport said.

"A total of 1,745 passengers arrived and 1,214 passengers flew out of the city today (Thursday)," airport sources said.

The airports in Kolkata and Bagdogra are permitted to handle 20 daily flights each from Thursday onwards.

While it is not clear how many flights were handled by the Bagdogra airport on Thursday, the officials said 899 passengers arrived while 484 passengers departed from the airport during the day.

The West Bengal government recently came up with a set of guidelines for people arriving in the state on domestic flights.

According to it, those entering the state from Thursday must submit a self-declaration form, stating that they have not tested positive for COVID-19 in the past two months.

The passengers will also need to undergo health screening after they arrive at the airport, the state's guidelines said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.