Registration of FIR in cognizable offence must: SC

November 12, 2013

Registration_of_FIRNew Delhi, Nov 12: Registration of FIR in cognizable offence is a must and action must be taken against police officials for not lodging a case in such offences, the Supreme Court held on Tuesday.

A five-judge Constitution Bench headed by Chief Justice P Sathasivam said, “We hold registration of FIR is mandatory and no preliminary enquiry is permissible in cognizable offences.”

The bench, also comprising justices B S Chauhan, Ranjan P Desai, Ranjan Gogoi and S A Bobde, said action must be taken against erring police officials for not registering FIR in cognizable offences.

“Police officials cannot avoid to register the FIR and action must be taken against them if no FIR is registered,” the bench said.

It said that preliminary enquiry can be conducted in other cases to find out whether the offence is cognizable or not and such probe must be completed within seven days.

The bench said there is no ambiguity in the law and the legislative intent is for compulsory registration of FIR in cognizable offences.

The constitution bench delivered the verdict after a three-judge bench referred the case to the larger bench on the ground that there were conflicting judgements on the issue.

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Agencies
May 31,2020

Mumbai, May 31: Shiv Sena leader Sanjay Raut on Sunday alleged that the event held in Ahmedabad to welcome US President Donald Trump in February was responsible for the spread of coronavirus in Gujarat and later in Mumbai and Delhi, which some of his delegates had visited.

Raut also hit out at the Centre saying that the lockdown was implemented without any planning, but now the responsibility of lifting the curbs was left to the states.

The Sena MP said that despite the opposition BJP's attempts to pull down the Maharashtra Vikas Aghadi (MVA) government, there was no threat to it as its survival is the 'majboori' (compulsion) of all the three ruling allies- Sena, NCP and Congress.

"It can't be denied that the spread of coronavirus in Gujarat was because of the massive public gathering held to welcome US President Donald Trump. Some of the delegates, who accompanied Trump, also visited Mumbai, Delhi, which led to the spread of the virus," Raut said in his weekly column in Shiv Sena mouthpiece 'Saamana'.

On February 24, Trump along with Prime Minister Narendra Modi had taken part in a road-show in Ahmedabad, which was attended by thousands of people. After the road- show, the two leaders had addressed a gathering of over one lakh people at Motera cricket stadium, run by Gujarat Cricket Association (GCA).

Gujarat had reported its first coronavirus cases on March 20, when samples of a man from Rajkot and a woman from Surat tested positive for the disease.

Raut said that any move to pull down the Uddhav Thackeray-led MVA government and impose President's rule in the state citing its failure to curb the coronavirus pandemic would be suicidal.

"The state had witnessed how President's rule was imposed and lifted as per will six months ago," he said.

"If the handling of coronavirus cases is the basis of imposing President's rule, then it should be done in at least 17 states, including the BJP-ruled ones. Even the central government has failed to curb the pandemic as it had no planning to fight the virus," he said.

"The lockdown was imposed without any planning and now without any plan, the responsibility of lifting it has been left to the states. This chaos will further worsen the crisis," he said.

The Sena MP said that Congress leader Rahul Gandhi has made an excellent analysis of how the lockdown has failed.

"It is shocking that people can indulge in politics by demanding President's rule in Maharashtra for the rise in the coronavirus cases," he said.

BJP MP Narayan Rane had recently met Maharashtra Governor B S Koshyari and demanded imposition of President's rule in view of the the Shiv Sena-led state government's "failure" in tackling the coronavirus pandemic. However, the BJP had later said that it was not trying to destabilise the government.

Speaking about the stability of the government, Raut said that the survival of the MVA government was the 'majboori' (compulsion) of each of the three alliance partners.

"Even if there are internal conflicts among the ruling partners, there is no threat to the government as the allies know that its survival is the 'majboori' of each one of them," Raut said.

He said that the Devendra Fadnavis-led government, in which the BJP and Shiv Sena shared power, saw internal conflicts between the ruling allies, but it completed its full five-year term.

Slamming Fadnavis, who is now the Leader of Opposition in the Legislative Assembly, for predicting downfall of the MVA government saying it will fall on its own due to its internal bickering.

"If the Fadnavis government, which witnessed deep internal conflicts between BJP and Sena, didn't fall, how can this one collapse? The Fadnavis government survived despite the (Sena) ministers carrying their resignation letters in their pockets," Raut wrote.

Fadnavis, in an online media interaction held earlier recently, said he had no intention to destabilise the MVA government and said it would collapse on its own.

"What Fadnavis means is that all attempts (of the BJP) to create discord among the three allies and break the MLAs has failed. Now the opposition hopes that something would happen among the allies and the government would be fall apart," he said.

Raut said NCP president Sharad Pawar is the prominent leader, who laid the foundation stone of the "Thackeray sarkar", and only he can predict the future of the government.

"He continues to say the government is stable and even the Congress is not going anywhere. MVA legislators are not up for sale in horse-trading. Hence, if the opposition says that the government will fall, it is wrong," he said.

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News Network
March 23,2020

New Delhi, Mar 23: The total number of COVID-19 cases in the country rose to 390 on Monday after 30 fresh cases were reported.

The figure includes 41 foreign nationals and the seven deaths reported so far.

Gujarat, Bihar and Maharahstra reported a death each on Sunday, while four fatalities were reported earlier from Karnataka, Delhi, Maharashtra and Punjab, the Union Health Ministry said.

The total number of active COVID-19 cases across the country now stands at 359, while 24 people have been cured/discharged/migrated.

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News Network
January 31,2020

New Delhi, Jan 31: Substantial competition and low tariff rates by telecom operators since 2016 have led to a financial stress in the sector, the Economic Survey said on Friday.

The data price in the country came down by over 99 per cent during 2016-2019, making it among the lowest tariff in the world, according to the survey.

"Since 2016, the sector has witnessed substantial competition and price cutting by the telecom service providers (TSPs), creating financial stress in the sector. As a result, the sector is experiencing consolidation. While some operators have filed for bankruptcy, others have merged, in their quest to improve viability," the survey report said.

In April-June 2019, the price of data was Rs 7.7 per gigabyte (GB) as compared to Rs 200 per GB in June 2016, it added.

"The Average Revenue Per User (ARPU) for GSM based mobile services has also gone down substantially from Rs 126 in June 2016 to Rs 74.30 in June 2019," the survey said.

The tariff war started in the market with entry of new telecom operator Reliance Jio in September 2016.

"BSNL and MTNL are also affected by the tariff war that has impacted their cash flow resulting in mounting losses," the survey said.

The financial health of the public sector telecom firms plummeted to a level where they have been finding hard to pay employees salaries in time.

The government has drawn up a plan to revive these PSUs which is still in works.

The revival plan consists of several measures, including reduction of staff cost through voluntary retirement scheme, allotment of spectrum for 4G services, monetisation of land and building, tower and fibre assets of BSNL and MTNL, debt restructuring through sovereign guarantee bonds and ''in-principle'' approval for merger of BSNL and MTNL.

The survey said that the wireless telephony now constitutes 98.27 per cent of all subscriptions whereas share of landline telephones now stands at only 1.73 per cent where market share is dominated by private sector players.

"The overall tele-density in India stands at 90.45 per cent, the rural tele-density being 57.35 per cent and urban teledensity being 160.71 per cent at the end of September 2019. The private sector dominates with a share of 88.81 per cent (106.06 crore connections) at the end of September, 2019 while the share of public sector was 11.19 per cent (13.36 crore connections)," the survey said.

The lower price of data has also lead in surge of broadband connections and average consumption of the internet.

Total broadband connections increased by about ten times, from 6.1 crore in 2014 to 59.46 crore in June 2019, the survey said.

The number of internet subscribers (both broadband and narrowband put together) stood at 66.53 crore at the end of June 2019 as compared to 25.16 crore in 2014.

The number of mobile internet subscribers was 64.36 lakh at the end of June 2019 while the number of wireline internet subscribers was 2.17 crore.

"India is now the global leader in monthly data consumption, with average consumption per subscriber per month increasing 157 times from 62 MB in 2014 to 9.8 GB in June 2019. The cost of data has also reduced substantially, enabling affordable internet access for millions of citizens," the survey said.

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