Relief to Manmohan Singh, others in coal scam case

April 1, 2015

New Delhi, Apr 1: In a relief to former Prime Minister Manmohan Singh, the Supreme Court today stayed the trial court order summoning him as accused in a case pertaining to grant of Talabira-II coal block in Odisha in 2005 to Aditya Birla group company Hindalco.

coal scamThe stay, which also applied to Hindalco Chairman Kumar Mangalam Birla, former Coal Secretary P C Parakh and three others, came after senior counsel Kapil Sibal questioned the legality of the summons to the former Prime Minister citing lack of sanction as required under the CrPC and contended that allocation of a coal block was an administrative act without any criminal intent.

"We issue notice on all six petitions. The trial court order shall remain stayed," a bench of justices V Gopala Gowda and C Nagappan said after hearing arguments by Sibal, who represented the former Prime Minister, and other lawyers in the case.

82-year-old Singh's daughters, Upinder Singh and Daman Singh, were present in the court during the proceedings.

The bench also stayed the proceedings before the trial court and issued notice to the Centre on a plea challenging constitutional validity of section 13 (1)(d)(iii) of the Prevention of Corruption Act.

The other three summoned as accused are Hindalco, Shubhendu Amitabh and D Bhattacharya, its officials. All the six were summoned by Special CBI Judge Bharat Parashar to appear before the court on April 8.

"I must confess that I have not been able to find out what is the illegal act done by the petitioner in the case," Sibal said at the outset of the 35-minute proceedings.

Sibal said it is not an illegal act to allot a mine contending that the administrative acts of the Prime Minister cannot be faulted on the ground that he did not follow the recommendations or procedures adopted by the screening committee.

He also referred to the earlier Supreme Court judgement by which all the coal block allocations were quashed on the ground that screening committee procedures were illegal.

"The trial court, in its order, says that you did not follow the screening committee and this is contrary to law," Sibal said, adding that the order summoning the PM does not stand the scrutiny of "public reasoning".

He also said that the trial court order does not deal with the provisions on requirement of prior sanction to prosecute a public servant under the criminal procedure code (CrPC) and the Prevention of Corruption Act.

Referring to the essential ingredients of an offence, Sibal said that "there is no reference of meeting of minds to commit an illegal act by the accused persons".

During the hearing, the bench asked the counsel for Singh to satisfy it on provisions relating to grant of sanction to prosecute a public servant.

Sibal referred to various Supreme Court judgements and said "even if I am the Coal Minister at the relevant time, I don't lose the status of the Prime Minister who has got plenary power. Everyday, I take decisions as minister and reject the advice, should I be sent to Tihar Jail?".

There has to be a meeting of minds to do a criminal act with regard to allocation of Talabira coal mines to a private firm, he said, adding, "Where is the criminal conspiracy? Is it an offence to grant coal mines to a private sector company?"

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News Network
April 2,2020

Thiruvananthapuram, Apr 2: The Centre's decision to accept contributions from abroad to PM-CARES fund for fighting COVID-19 has prompted social media users to take potshots at it as Kerala was not allowed to receive foreign aid after the devastating floods in 2018.

Senior Congress leader Sashi Tharoor said accepting relief for coronavirus pandemic does not affect "one's ego", while other reactions varied from taking a dig saying 'Vikas has reached new heights" to asking where is the country's pride.

Government sources have said a decision had been taken to accept contributions from abroad to the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES) to deal with the coronavirus pandemic.

The Narendra Modi government had earlier turned away foreign aid, including a reported Rs 700 crore donation from the UAE, to help Kerala during the floods that devastated the southern state, while "deeply appreciating" the offers from various nations then.

Over 480 people were killed, several had gone missing during the worst floods in a century that also rendered lakhs homeless and dealt a severe blow to the state's economy.

"Flood relief for Kerala hurts ones ego. Pandemic relief doesnt. Go figure! #PMCARES!" tweeted Tharoor, who represents Thiruvananthapuram in Lok Sabha.

Another twiterratti reacted to the Centre's latest move, saying: "Wow.. a nation that built 3,000 crore statue is B3GG!NG now? Sad!"

"Vikas has reached new heights... Where are the proud Modi Bhakts?" another wrote.

"Thanks but no, says India to foreign aid for Kerala", another social media user tweeted, tagging a 2018 news report on MEA Spokesperson saying the government was committed to meeting the requirements for relief and rehabilitation in Kerala through domestic efforts.

"Pandemic is unprecedented, India has taken a decision to accept foreign donations to the PM fund. But....", "5 Trillion begging bowl", "Where did the 'National Pride' go now?" another tweet asked.

The Centre's present decision marks a shift from its earlier position of not accepting foreign donations to deal with domestic crisis.

"In view of the interest expressed to contribute to Government's efforts, as well as keeping in mind the unprecedented nature of the pandemic, contributions to the Trust can be done by individuals and organisations, both in India and abroad," a government source has said.

It said the fund was set up following spontaneous requests from India and abroad for making generous contributions to support the government in its fight against COVID-19.

On Saturday, Modi had announced setting up of the PM CARES fund.

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May 18,2020

New Delhi, May 18: The nationwide tally of COVID-19 cases crossed one lakh on Monday with more people testing positive for the deadly virus in Maharashtra, Gujarat, Tamil Nadu and other states, even as a much-relaxed fourth phase of the lockdown began with restarting of market complexes, autos, taxis and inter-state buses in various parts of the country.

The death toll due to COVID-19 crossed the 3,000-mark too.

With an aim to reboot numerous locked down economic activities, authorities across the country ordered reopening of markets, intra-state transport services and even of barber shops and salons in some states, barring in containment zones.

However, schools, colleges, theatres, malls and religious gatherings are among those that would remain shut down, at least till May 31.

India has been under a lockdown since March 25, which was first supposed to be for 21 days or toll April 14, but was later extended till May 3, then further till May 17 and now for another two weeks till May 31.

However, a number of relaxations have been given in the current fourth phase, while states and union territories have also been granted significant flexibility for deciding the red, orange or green zones in terms of the quantum and severity of the virus spread.

In its morning 8 AM update, the Union Health Ministry put the total number of confirmed COVID-19 cases 96,169 and the death toll at 3,029.

It also said that 36,824 people have so far recovered from the infection.

However, a news agency tally of figures announced by different states and UTs as of 9.40 PM put the number of those having tested positive for the infection at 1,00,096, with a death toll of 3,078 and recoveries at 38,596 across the country.

Maharashtra topped the nationwide tally with over 35,000 confirmed cases and 1,249 deaths, followed by Tamil Nadu with 11,760 confirmed cases and 81 deaths.

Gujarat has also reported 11,746 confirmed cases, while its death toll is higher than that of Tamil Nadu at 694.

Delhi has also crossed the 10,000 mark in terms of the number of confirmed cases, while its death toll has now reached 160.

Gujarat, during the day, recorded 366 new COVID-19 cases and 35 deaths, including 31 from the worst-hit Ahmedabad, taking the state's case count to 11,746 and the number of fatalities to 694, a health department official said.

Maharashtra reported 2,033 new cases, taking the tally to 35,058.

This was the second consecutive day when the state has reported more than 2,000 COVID-19 cases.

Mumbai alone reported 1,185 fresh cases and 23 more deaths, taking the total count of the city to 21,152 and the fatalities to 757.

Of the 1,185 new cases, 300 samples were tested positive in private laboratories between May 12 and 16.

Kerala also saw 29 new cases -- all but one being returnees from overseas and other states --  raising concerns about the state witnessing a possible third wave of the dreaded virus infection.

The state was first to report the virus infection, but at least twice it has already been seen as having flattened the curve of the infection.

The nationwide count of confirmed infections incidentally crossed the crucial one-lakh mark on a day when the fourth phase of the nationwide lockdown kicked in with several relaxations for economic and public activities, barring in containment zones or areas identified as serious hotspots of the virus infection.

Revising its strategy for COVID-19 testing, ICMR also said on Monday that returnees and migrants who show symptoms for influenza-like illness will be tested for coronavirus infection within seven days of ailment and stressed that no emergency clinical procedure, including deliveries, should be delayed for lack of testing.

The Indian Council of Medical Research (ICMR) in its revised strategy for coronavirus testing in India also added that all hospitalised patients who develop symptoms for influenza-like illness (ILI) and frontline workers involved in containment and mitigation of COVID-19 having such signs will also be tested for coronavirus infection through RT-PCR test.

Besides, asymptomatic direct and high-risk contacts of a confirmed case are to be tested once between day five and day 10 of coming in contact, the new document stated.

Asymptomatic contacts of a confirmed case were being tested once between day five and day 14.

The Health Ministry also said that for every one lakh population, there are 7.1 coronavirus cases in India so far as against 60 globally.

It also said the recovery rate of coronavirus cases in India stood at 38.39 per cent.

Besides, India also joined nearly 120 countries at a crucial conference of the World Health Organisation in pushing for an impartial and comprehensive evaluation of the global response into the coronavirus crisis as well as to examine the origin of the deadly infection.

Since the first case of the deadly coronavirus was reported in China last December, more than 47 lakh people have tested for this virus across the world and over 3 lakh have lost their lives.

India is the 11th most affected country, while the US tops the chart with over 14.9 lakh confirmed cases so far.

China's official tally of confirmed infections is less than 84,000, while it has reported more than 4,600 deaths.

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February 17,2020

New Delhi, Feb 17: Four death row convicts in the 2012 Nirbhaya gang rape and murder will be hanged on March 3 at 6 am a Delhi court said on Monday.

The Patiala House Court on Monday issued fresh death warrants against four convicts while hearing a petition by the state and Nirbhaya's parents.

Earlier, Delhi High Court on February 5 granted a week's time to the four convicts to avail of all legal remedies available to them and said that the convicts cannot be hanged separately since they were convicted for the same crime.

A Delhi Court had earlier issued a death warrant against the four convicts -- Vinay Sharma, Akshay Thakur, Pawan Gupta, and Mukesh Singh -- on January 7 and they were scheduled to be executed on January 22 at Tihar Jail. Later, the execution was suspended indefinitely by a Delhi court.

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