Plea to review verdict on convicts in polls dismissed

November 20, 2013

New Delhi, Nov 20: The Supreme Court today dismissed Centre's plea seeking review of its judgement debarring arrested persons from contesting polls, saying it is not necessary to look into the issue in view of amendment in law by Parliament.sc_copy

The apex court, however, said that the issue of constitutional validity of the amendment will be considered separately after an NGO Lok Prahri opposed Centre's petition and said it has challenged the amendment in Representation of People Act in this regard.

"You challenge it. It will be separately considered," a bench of justices A K Patnaik and S J Mukhopadhyay said.

"As a consequence of amendment a person does not cease to be elector only by reason of his being in police custody or in imprisonment. Therefore, he can contest election to state legislature as well as Parliament," the bench said in its order.

It initially said the review plea of Centre has become infructuous in view of the amendment but it passed the order saying the plea is dismissed after the NGO pressed for the word dismissal.

The apex court in its judgement on July 10 had held that a person, who is in jail or in police custody, cannot contest election to legislative bodies, bringing to an end an era of under trial politicians fighting polls from behind bars. It said that only a voter can contest election and a person in police custody has no right to vote.

Negating the apex court order, Parliament in September passed a bill that maintains the right of those in jail to contest polls, with the government saying the court verdict was wrong and the Legislature has Constitutional duty to correct it.

The Representation of the People (Amendment and Validation) Bill, 2013 was rushed through in the Lok Sabha and passed within about 15 minutes after a brief discussion. The Bill was passed by Rajya Sabha on August 27.

The Amendment Bill seeks to add a proviso to sub-section (2) of section 62 of the RP Act to state that a person cannot cease to be a voter while in detention as his or her right is only temporarily suspended.

The amendment came into effect from July 10, 2013, the day the Supreme Court gave the judgement.

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News Network
April 25,2020

New Delhi, Apr 25: Neighbourhood and standalone shops, including those selling garments, mobile phones, hardware and stationery items have been allowed to open but those located in market places, malls and COVID-19 hotspots and containment zones, will continue to remain shut till May 3.

In rural areas, all shops, except those in single and multi-brand shopping malls, are allowed to open.

However, a Home Ministry official said the final decision of whether to allow the additional shops to open or not will be taken by the state governments and Union Territory administrations depending on their respective COVID-19 situation.
 
While allowing opening of more shops, a move seen as a relief to people who have been under lockdown since March 24, the government order issued on Friday night said the shops will be functioning with 50 per cent of workforce and after adhering strictly to precautions which include social distancing and wearing of masks.

The Union Home Ministry also said malls, liquor and cigarette shops, sale of non-essential items through e-commerce platforms continue to remain shut.

Restaurants, hair salons and barber shops will not be allowed to open as these render services and do not fall under the shop category.

Amending its April 15 order, Union Home Secretary Ajay Bhalla said in the Friday night order that "all shops, including neighbourhood shops and standalone shops, shops in residential complexes, within the limits of municipal corporations and municipalities, registered under the the Shops and Establishment Act of the respective State and UT" will be allowed to open during the lockdown.

The ministry also said shops located in registered markets located outside the municipal corporations and municipalities can open after following the drill of social distancing and wearing of masks but with 50 per cent of strength.

However, single and multi-brands shall continue to remain closed in these areas also.

"All shops registered under the the Shops and Establishment Act of the respective State/UT, including shops in residential complexes and market complexes, except shops in multi-brand and single brand malls, outside the limits of municipal corporations and municipalities, with 50 per cent strength of workers with wearing of masks and social distancing being mandatory" will be allowed to function, the order said.

In a statement on Saturday, the Home Ministry said the order implies that in rural areas, all shops, except those in shopping malls are allowed to open.

In urban areas, all standalone shops, neighbourhood shops and shops in residential complexes are allowed to open.

Shops in markets and market complexes and shopping malls are not allowed to open.

"It is clarified that sale by e-commerce companies will continue to be permitted for essential goods only," the order said and also added that sale of liquor and other items continues to be prohibited as specified in the national directives for COVID-19 management.

The ministry said that liquor shops were given licence under the Excise Act of the states and the establishments thrown open from Saturday were covered under the Shops and Establishment Act of the states.

Sale of cigarettes, gutka are continue to be prohibited during the lockdown.

"As specified in the consolidated revised guidelines, these shops will not be permitted to open in areas, whether rural or urban, which are declared as containment zones by respective States and Union Territories," the statement said.

The lockdown was first announced by Prime Minister Narendra Modi on March 24 in a bid to combat the coronavirus pandemic. It was further extended till May 3.

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News Network
March 4,2020

New Delhi, Mar 4: The government on Wednesday permitted NRIs to own up to 100 per cent stake in disinvestment-bound Air India.

The decision comes at a time when the government is looking to sell 100 per cent stake sale in the national carrier.

Union minister Prakash Javadekar said the Cabinet has approved allowing Non-Residents Indians (NRIs) to hold up to 100 per cent stake in Air India.

Allowing 100 per cent investment by Non-Resident Indians (NRIs) in the carrier would also not be in violation of SOEC norms. NRI investments would be treated as domestic investments.

Under the Substantial Ownership and Effective Control (SOEC) framework, which is followed in the airline industry globally, a carrier that flies overseas from a particular country should be substantially owned by that country's government or its nationals.

Currently, NRIs can acquire only 49 per cent in Air India. Foreign Direct Investment (FDI) in the airline is also 49 per cent through the government approval route.

As per the existing norms, 100 per cent FDI is permitted in scheduled domestic carriers, subject to certain conditions, including that it would not be applicable for overseas airlines.

In the case of scheduled airlines, 49 per cent FDI is permitted through automatic approval route and any such investment beyond that level requires government nod.

On January 27, the government came out witha Preliminary Information Memorandum (PIM) for Air India disinvestment. It has proposed selling 100 per cent stake in Air India along with budget airline Air India Express and the national carrier's 50 per cent stake in AISATS, an equal joint venture with Singapore Airlines.

Under the latest disinvestment plan, the successful bidder would have to take over only debt worth Rs 23,286.5 crore while the liabilities would be decided depending on current assets at the time of closing of the transaction.

This is the second attempt by the government in as many years to divest Air India, which has been in the red for long.

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Agencies
August 5,2020

Mumbai, Aug 5: A day after the Bihar government requested for a Central Bureau of Investigation (CBI) probe into the death of Sushant Singh Rajput, the Centre has accepted the state’s request. 

The CBI, which falls under the Union Home Ministry, will now take over the probe. Solicitor General Tushar Mehta on Wednesday stated in the apex court that the Centre has accepted the request floated by the Nitish Kumar government recommending a CBI inquiry.

A bench of Justice Hrishikesh Roy observed that truth behind the 34-year-old Rajput's death should come out. "Truth should come out so far as actor's death is concerned," the SC bench said as reported by news agency.

Meanwhile, the Supreme Court is also hearing a petition filed by model-actress Rhea Chakraborty who was in a relationship with the deceased actor. In her plea, she sought the transfer of an FIR lodged in Patna by Rajput's father, K K Singh, who had accused her of abetting his suicide.

The 34-year-old actor was found hanging from the ceiling of his apartment in suburban Bandra in Mumbai on June 14.

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