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 14,2020

Feb 14: India will never forget the martyrdom of the security personnel killed in last year's Pulwama attack, Prime Minister Narendra Modi said on Friday.

He termed the slain security personnel were "exceptional individuals" who devoted their lives to serving and protecting the nation.

On February 14 last year, a convoy of vehicles carrying security personnel on the Jammu-Srinagar National Highway was attacked by a vehicle-borne suicide bomber at Lethpora in Pulwama district of Jammu and Kashmir. Forty Central Reserve Police Force (CRPF) personnel were killed in the attack.

"Tributes to the brave martyrs who lost their lives in the gruesome Pulwama Attack last year. They were exceptional individuals who devoted their lives to serving and protecting our nation. India will never forget their martyrdom," tweets PM Modi one year since the Pulwama attack.

"I pay homage to the martyrs of Pulwama Attack. India will forever be grateful of our bravehearts and their families who made supreme sacrifice for the sovereignty and integrity of our motherland," tweets Union Home Minister Amit Shah.

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News Network
May 7,2020

Visakhapatnam, May 7: Unconscious children being carried by parents in their arms, people laying on roads, health workers scrambling to attend to those affected by the styrene vapour leak and residents fleeing were some of the scenes that played out near here on Thursday, bringing back grim memories of the 1984 Bhopal gas tragedy.

The leak of styrene, a chemical used to make synthetic rubber and resins, among others, occurred in the wee hours of Thursday while people were still fast asleep.

Women and children were seen lying on roads struggling to breath, reminiscent of the infamous Bhopal gas tragedy when a leak from the Union Carbide plant left around 3,500 dead and many maimed.

The worst-hit Gopalapatnam village reverberated with cries of people for help.

Many people fell unconscious during their sleep, a villager said.

Affected people, suffering writ large on their faces, were rushed to hospitals in autorickshaws and on two wheelers.

Visakhapatnam Collector Vinay Chand said 20 ambulances were pressed into service as soon information about the gas leak was received.

Exposure to styrene, also known as ethenylbenzene, vinylbenzene can affect the central nervous system (CNS), causing headache, fatigue, weakness, and depression.

It is primarily used in the production of polystyrene plastics and resins.

The gas leak took place at LG Polymers chemical plant.

LG Polymers was established in 1961 as "Hindustan Polymers" for manufacturing Polystyrene and its co-polymers at Visakhapatnam. It merged with McDowell & Co. Ltd of UB Group in 1978, according to the company's website.

Taken over by LG Chem (South Korea), Hindustan Polymers was renamed LG Polymers India Private Limited (LGPI) in July, 1997.

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News Network
August 3,2020

Aug 3: Iqbal Ansari, who was a litigant in the Ayodhya land dispute case, has decided to gift a 'Ram nami' stole and a copy of the Ramcharitmanas to Prime Minister Narendra Modi when he attends the bhoomi pujan ceremony for the Ram temple here on Wednesday.

"Yes, I have received the invitation from Shri Ram Janmabhoomi Teerth Kshetra Trust for the bhoomi pujan ceremony. I will certainly attend it. The dispute is over now after the court's verdict," Ansari, 69, told .

"Our Prime Minister is coming. I will meet him and give him a 'Ramnami' stole (with Ram's name written on it) and Ramcharitmanas as a present," Ansari said.

His father Hashim Ansari, the oldest litigant in the Babri Masjid-Ram Janmabhoomi land dispute case, died at the age of 95 in 2016 after which the son started pursuing the case in the court.

Talking about Wednesday's ground-breaking ceremony to mark the beginning of the construction of a grand Ram temple here, Ansari said, "I belong to Ayodhya. All this (temple's construction) will change the fate of Ayodhya. We all want our child to get better opportunities".

He further said, "I respect sadhus and saints. I am happy to have received the invitation for the ceremony. I think it is Lord Ram's will that I attend it".

When asked what he would have done had the court decided the case in his favour, Ansari said he had wanted the construction of a school and a hospital on the disputed land.

"I feel the city needs development. The future of our children should be safe and secure and they should get employment. Dispute in the name of religion should end now and we should let the city witness a new beginning," he said.

The Supreme Court had in November last year paved the way for the construction of a Ram temple by a Trust at the disputed site of the Babri Masjid's demolition in Ayodhya, and directed the Centre to allot an alternative 5-acre plot to the Sunni Waqf Board for building a new mosque at a "prominent" place in the holy town in Uttar Pradesh.

The state government has allotted a five-acre land in Dhannipur village in Sohaval Tehsil of Ayodhya for the mosque's construction.

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