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
July 13,2020

New Delhi, July 13: The number of active Covid-19 cases in India crossed the 3 lakh mark on Sunday even as fresh infections during the day surged to another new peak, crossing 29,000 for the first time. After staying over 500 for the past two days, the daily death toll came down slightly to 492.

While the focus has been on recoveries, the number of active Covid-19 cases in the country has been steadily rising. It hit the 1 lakh mark on June 4 and went past 2 lakh 23 days later. It has taken just 15 days more to reach 3 lakh.

India reported 29,271 new cases on Sunday, the fifth straight day of record rise in daily infections. With this, the country’s coronavirus caseload has risen to 8,79,060, two days after hitting the 8 lakh mark, as per data collated from state governments. Active cases stood at 3,02,466 while more than 5.53 lakh people were declared cured of the infection.

Covid-19 deaths in the country rose to 23,175 after 492 fatalities were added on Sunday, translating to a case fatality rate of 2.6%. The CFR has been steadily dropping with the surge in cases.
 

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Agencies
June 5,2020

Jodhpur, Jun 5: A video has gone viral on social media showing what could be called Jodhpur's George Floyd moment with a twist, showing cops throwing a person on the ground and pressing his neck with their knees for roaming around without a mask.

However, unlike the unfortunate incident in Minneapolis, Minnesota, the cops in Jodhpur reportedly acted after the person, said to be mentally challenged, turned violent after being confronted by the police.

Dumb TV media is playing the initial part of this video as 'India's George Flyod moment'. Doesn't matter to them that the same video shows the man beating the cops back badly pic.twitter.com/vGSaON6oii

— Swati Goel Sharma (@swati_gs) June 5, 2020

George Floyd, a 46-year-old black man, died after being arrested by the police outside a shop in Minneapolis in the US on May 25. Footage showed a white officer, Derek Chauvin, kneeling on Floyd's neck for several minutes while he was pinned to the floor. He was pronounced dead later in the hospital, triggering widespread protests across the US.

However, in the Jodhpur incident, the man, identifed as Mukesh Kumar Prajapat, did not die but instead started fighting with the policemen.

Jodhpur police officers confirmed that the video was shot in the city on Thursday after the police wanted to issue a challan against the man for roaming on the streets without wearing a mask before he started manhandling the police.

The video shows a cop pressing his neck with his knee while two other cops held the young man's legs. A huge crowd gathered when the scuffle broke out.

Meanwhile, the SHO of Dev Nagar police station, Somkaran, said that the police were issuing a challan to Prajapat when he attacked them and tore their uniform. An FIR has been lodged against Prajapat on a complaint lodged by the Pratap Nagar police station. He will be produced in the court later in the day.

Prajapat is said to be mentally challenged and had damaged his father's eye earlier for which a case was registered against him, the poice said. Action is being initiated against Prajapat under the Epidemic Act, they added.

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Agencies
July 14,2020

Jaipur, Jul 14: Sachin Pilot has been removed as Deputy Chief Minister and Rajasthan PCC Chief, announced Congress leader Randeep Singh Surjewala on Tuesday.

"Sachin Pilot, Vishvendra Singh and Ramesh Meena have been removed from the posts of Deputy Chief Minister and Ministerial posts respectively. Sachin Pilot has also been removed as the Rajasthan PCC Chief," said Surjewala.

Govind Singh Dotasra has been appointed as the new PCC chief, he added.

"Sachin Pilot, few Congress Ministers and MLAs got involved in the conspiracy to topple the Congress government by getting entangled within the trap of BJP," he added.

The decision was taken after a Congress Legislature Party (CLP) meeting at the Fairmont Hotel in Jaipur, Rajasthan earlier today.

The Rajasthan Congress is in turmoil over the past few days. While Chief Minister Ashok Gehlot has blamed the BJP for attempting to destabilise the State government by poaching MLAs, Deputy Chief Minister Sachin Pilot has been camping in Delhi.

A controversy broke out in Rajasthan after Special Operation Group (SOG) sent a notice to Pilot to record his statement in the case registered by SOG in the alleged poaching of Congress MLAs in the State.

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