SC issues non-bailable warrant against Subrata Roy

February 26, 2014

Subrata_RoyNew Delhi, Feb 26: The Supreme Court on Wednesday issued a non bailable arrest warrant against Sahara chief Subrata Roy for his failure to appear before it in connection with the case in which his two companies have been directed to refund Rs 20,000 crore to investors.

"We had already declined yesterday Roy's plea seeking exemption from personal appearance. He has not appeared even today and we are issuing non bailable warrant returnable for March 4," a bench comprising justices K S Radhakrishnan and J S Khehar said.

At the outset when senior advocate Ram Jethmalani, appearing for Roy, informed the court that Subrata Roy has been unable to appear because of the ill health of his 95-year-old mother, the bench shot back "the arms of this court are very long. Yesterday only we had refused your plea for exemption from personal appearance. We will issue the non bailable warrant. This is the Supreme Court of the land."

"Yesterday we told you that we are not inclined to exempt him from personal appearance. If other directors can appear, why can't you?," the bench said.

The court had on February 20 come down heavily on the Sahara group for not refunding Rs 20,000 crore of investors money despite its order and summoned Roy, Ravi Shankar Dubey, Ashok Roy Choudhary and Vandana Bhargava, directors of its firms--Sahara India Real Estate Corp Ltd (SIREC) and Sahara India Housing Investment Corp Ltd (SHIC) to be personally present before it on Wednesday.

Jethmalani sought to explain Roy's non-appearance by saying that he was sitting on the bedside of his ailing mother and holding her hand.

He also placed before the bench the medical certificate on Roy's mother's ill health and said on all earlier occasions, the Sahara chief had complied with the apex court's order.

However, the bench said, "for last two years we have been seeing what's happening in the matter".

The apex court had on Tuesday rejected Roy's plea seeking exemption from personal appearance and had asked him to be present before it today.

The bench had made it clear that "rule of law" has to be maintained and Roy has to comply with its February 20 order in which he along with three directors of his companies have been summoned to appear.

During the hearing earlier, the bench had observed that Sebi could go ahead with the sale of properties of the group whose sale deeds were handed over to the market regulator to recover Rs 20,000 crore.

"Those properties you can sell. We allow you to sell them and recover the money. If they are encumbered properties then you can file criminal case against the company. The case must be brought to a logical conclusion," the bench had said.

The bench had raised question on the way the group has been defying its order for the last one-and-a-half years.

The bench had said Sebi can put those properties on auction and get the money after the market regulator had said that let the company itself sell the properties and deposit the money.

The apex court in its judgment of August 31, 2012 had directed SEBI to attach properties and recover the money.

Sending a clear message that the court is not "helpless" in taking action for flouting its directions, the apex court had on November 21 last year barred Roy from leaving the country and also restrained the group from selling any of its properties.

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News Network
February 28,2020

Thane, Feb 28: Former BJP MLA Narendra Mehta was on Friday charged for allegedly  raping and harassing a woman corporator in Bhayandar, which is in the Thane district near Mumbai, on Friday, police said.

His associate Sanjay Tharthare has also been charged in the case, they said.

The district rural police lodged an FIR against Narendra Mehta, who resigned from the BJP three days ago, and his associate, an official from the Mira-Bhayandar police station said.

No arrest has been made till now.

A video of the corporator purportedly speaking about the alleged harassment and abuse she suffered at the hands of Narendra Mehta went viral on social media two days ago, the official said.

The corporator has alleged that the abuse is going on since 1999 and her family is facing threats from him, he added.

Narendra Mehta and Sanjay Tharthare were charged under relevant section of the Indian Penal Code for rape and other relevant provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, he said.

Meanwhile, Shiv Sena MLA Pratap Sarnaik demanded the immediate arrest of Narendra Mehta, saying it is a "tragedy" that the BJP, which raises the issue of women's safety in the state, has not taken any action against its leader.

"Law and order issue will arise if such a person (facing rape and harassment charges) roams freely. He should be arrested as soon as possible," Mr Sarnaik said.

The Thane legislator also termed Narendra Mehta as "Marathi-hater" and alleged that he had once questioned Chief Minister Uddhav Thackeray's culture.

"I wonder why the BJP did not take strict action against Mehta, it needs to introspect," Mr Sarnaik said.

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Agencies
March 12,2020

The Ministry of Health and Family Welfare has prepared a draft for guidelines for home quarantine, as well as for the use of masks by public, in view of coronavirus.

What to do in Home Quarantine?

The government says, for those taking refuge to home quarantine should stay in a well-ventilated single-room preferably with an attached or separate toilet. It adds that if another family member needs to stay in the same room, it's advisable to maintain a distance of at least 1 metre between the two.

The government advised, coronavirus patients to stay away from elderly people, pregnant women, children and persons with co-morbidities within the household as their immune system may be low. The health minister also suggested to restrict the patient's movement within the house. "Under no circumstances attend any social/religious gathering e.g. wedding, condolences, etc, said the guideline.

It also instructed the corona virus infected person to avoid sharing household items like dishes, drinking glasses, cups, eating utensils, towels, bedding, or other items with others at home. The guideline also demanded that even though home quarantine, the patient should wear a surgical mask at all times. "The mask should be changed every 6-8 hours and disposed off. Disposable masks are never to be reused, it added.

"Masks used by patients/ caregivers/ close contacts during home care should be disinfected using ordinary bleach solution (5 per cent) or sodium hypochlorite solution (1%) and then disposed of either by burning or deep burial," instructs the government.

Even for family members of a patient, the health ministry clearly instructs to use disposable gloves when cleaning the surfaces or handling soiled linen. No visitors, under any circumstances will be allowed, said the guideline.

"In case the person being quarantined becomes symptomatic, all his close contacts will be home quarantined (for 14 days) and followed up for an additional 14 days or till the report of such case turns out negative on lab testing," states the draft.

How to wear & dump masks?

There is a specific and elaborate do's and don'ts also released by the ministry. For those unsure in which mask to choose, it says, "Medical masks of different sizes and shapes are available in the market. The common ones are flat pleated masks of woven fabric which covers the nose and mouth and affixed behind the head with straps/ elastic fasteners. There are also conical or duck bill shaped masks with valves (or without valves) that fit in the contour of face over the nose and mouth, but are costlier."

However, the ministry warns, medical masks should not be used by healthy persons who are not having any symptoms "because it creates a false sense of security". Instead, it suggests to refrain from touching face, mouth, nose and eyes as well as washing hands regularly with soap for 20 seconds each time.

However, when a person develops a cough or fever, the suspected patient needs to switch to medical masks. "Use of medical three layer masks when ill, will prevent your infection from spreading to others. However you also need to wash your hands frequently to avoid spreading infection to others," read the guideline.

Even if one is not tested positive but showing symptoms, they are advised to wear masks while visiting a healthcare facility. "Close family contacts of such suspect/confirmed cases undergoing home care should also use Triple layer medical mask," it warns.

The ministry has also given point by point guideline on how to use a mask like to make sure that they are facing down while unfolding or for that matter to ensure there are no gaps on either side of the mask.

It even warns, "Fit flexible nose piece (a metallic strip that can easily be located) over nose-bridge" to ensure no one else are infected. The government also warns against simple dumping of the masks once used. Instead one should disinfect "using ordinary bleach solution (5 per cent) or sodium hypochlorite solution (1 per cent) and then disposed of either by burning or deep burial," says the Health Ministry.

COVID-19 emerged in early December 2019 in China's Wuhan province and has now spread to over 100 countries. As on March 9, 2020, India has reported 42 cases mostly among those who had travelled from affected countries.

However the government says, "It causes a minor illness in majority of patients with symptoms of fever and or cough. A small proportion of such persons may progress to severe disease with difficulty in breathing."

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News Network
January 21,2020

Jan 21: Indian policymakers may make it easier for companies to tap foreign funding, as a prolonged cash squeeze makes it tough for firms to borrow at home.

Investors are speculating about potential steps Finance Minister Nirmala Sitharaman could unveil when she presents the nation’s budget on Feb. 1. These measures may include freeing up firms to borrow at higher rates and offering tax breaks to global funds.

“The government will need to relax local rules to make it easier for Indian companies to raise debt overseas and tide over the funding crunch in the onshore market,” said Raj Kothari, London-based head of trading at Jay Capital Ltd. “At the same time, they need to ensure that the borrowers tapping offshore markets abide with stricter corporate governance so as to avoid further defaults.”

A prolonged crisis in India’s shadow bank sector and a pile of bad loans at traditional lenders is making it expensive for Indian companies, other than the best-rated firms, to access funding. The government has tried a series of measures to spur domestic credit, including providing so-called credit enhancement and allowing tiny firms to restructure debt.

Here are some steps Sitharaman may consider to spur foreign borrowing:

• She could raise the cap of 450 basis points above Libor, which limits overall foreign debt costs for Indian companies

• This could help lower-rated firms sell bonds abroad. Indian companies rated BBB currently borrow at more than 10%, about 3.8 percentage points more than their top-rated peers;

• Sitharaman could waive the withholding tax foreign investors need to pay on holdings of rupee-denominated debt sold by Indian companies abroad

• The waiver was offered between September 2018 to March 2019, but wasn’t extended as the highest global interest rates since the financial crisis deterred Indian borrowers. Since then, the three-month Libor has dropped by about 1 percentage point

• She could permit Indian property developers and housing finance lenders to sell overseas bonds for reasons beyond affordable housing projects

• New funding lines to the real estate sector, arguably ground zero of India’s economic slowdown, could help kickstart consumption and investment as the industry is the nation’s biggest job-creator.

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