SC refuses reopening of Sterlite plant, grants Vedanta liberty to approach HC

Agencies
February 18, 2019

New Delhi, Feb 18: The Supreme Court Monday refused to allow reopening of Vedanta's Sterlite plant in Tamil Nadu's Tuticorin, which was at the centre of massive protests over pollution concerns, but granted the company liberty to approach the high court.

A bench headed by Justice R F Nariman allowed Tamil Nadu's appeal against the National Green Tribunal (NGT) order only on grounds of maintainability and said the tribunal has no jurisdiction to order reopening of the plant.

The court was hearing a plea by Vedanta group seeking a direction to Tamil Nadu Pollution Control Board (TNPCB) to implement the NGT order which had set aside the government's decision to close the plant.

On January 8, the apex court had paved the way to re-open the plant by refusing to stay the tribunal's order. 

It had also stayed the last year's December 21 decision of the Madurai bench of the Madras High Court which had ordered status quo with respect to re-opening the plant.

The state had moved the top court, saying the NGT had "erroneously" set aside various orders passed by the TNPCB last year with regard to the Sterlite plant.

It had said the tribunal had consequentially directed the TNPCB to pass fresh orders of renewal of consent and issue authorisation to handle hazardous substances to Vedanta Limited.

On December 15, the NGT had set aside the state government's order for closure of the Sterlite copper plant, saying it was "non sustainable" and "unjustified" 

At least 13 people were killed and several injured on May 22 last year when police had opened fire on a huge crowd of people protesting against environment pollution being allegedly caused by the factory.

The Tamil Nadu government had, on May 28, ordered the state pollution control board to seal and "permanently" close the mining group's copper plant following violent protests over pollution concerns.

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Agencies
May 30,2020

The GST Council is unlikely to make major changes in the indirect tax structure at its next meeting slated mid June.

A top government source said that the Centre is not in favour of increasing tax rates on any goods or service as it could further impact consumption and demand that is already suppressed due the COVID-19 pandemic and lockdown.

It was widely expected that the GST Council could consider raising tax rates and cess on certain non-essential items to boost revenue for states and the Centre. Several states have reportedly taken an over 80-90 per cent hit in GST collections in April, the official data for which has not yet been released by the Centre.

"The need of the hour is to boost consumption and improve demand. By categorising items into essential and non-essential and then raising taxes on non-essential is not what Centre favours. But, the issue on rates and relief will be decided by the GST Council that is meeting next month," the finance ministry official source quoted above said.

The GST Council is chaired by the Union finance minister and thus the views of the Centre play out strongly in the council meetings.

However, the Council will also have to balance the expectations of the states whose revenues have nosedived after the coronavirus outbreak and wide scale disruption to businesses while they have still not been paid GST compensation since the December-January period.

To the question of wider scale job losses in the period of lockdown as businesses get widely impacted, the official said that the Finance Ministry has asked the labour ministry to collect data on job losses during Covid-19 and is constantly engaging with the ministry to oversee job losses and salary cuts.

On restrictions put on Chinese investment in India, the official clarified that no decision had yet been taken to restrict China through the Foreign Portfolio Investment (FPI) route.

Asked about monetising government debt, the official said that the issue would be looked at when we reach a stage. It has not come to that stage yet.

In the government's over Rs 20 lakh crore economic package, the official defended its structure while suggesting that comparisons with the economic packages of other countries should not be drawn as India's needs were different from others.

"We have gone in more reforms that is needed to give strength to the economy. This is required more in our country," the official source said.

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Agencies
January 25,2020

New Delhi, Jan 25: The Patiala House court on Saturday started hearing a plea filed by the Nirbhaya convicts that alleged that the Tihar Jail administration have "not presented the papers on time".

The Public Prosecutor informed the court that Tihar Jail authorities have already supplied the relevant documents. He further informed that these are mere delaying tactics adopted by the convicts.

Advocate A.P. Singh, lawyer for three of the four death row convicts in the Nirbhaya gang-rape case had moved an application before the court seeking directions to the Tihar Jail authorities to supply him the relevant documents in order to exercise the remaining legal remedies available with the death row convicts -- Vinay Pawan and Akshay.

The Public Prosecutor also told the court that he spoke to the jail authorities over the phone and a report in this regard will be filed shortly as the jail officials were on their way to the court.

The judge demanded from the convicts lawyer to show what he has filed.

The convicts lawyer, A.P. Singh, said that he received some documents, but has still not been supplied with the personal diary of one of the convict -- Vinay Kumar Sharma and also the medical documents.

Judge then asked the lawyer to wait for until the report arrives form the Tihar Jail.

On this, the convicts lawyer said he was not questioning the intention of the jail. "I know the jail has been changed. It isn't there fault, too," he said.

The Public Prosecutor refuted the allegation saying that the defence counsel was trying to defeat the speed of law.

"We have supplied all the documents to the counsel. We have supplied all the documents except the painting and some other documents. We have nothing apart from that," public prosecutor said.

Singh, in his plea filed before the Patiala House Court sought urgent orders of the court in order to file a mercy petition of Vinay Sharma and in relation to requests for documents for convicts Vinay Sharma, Pawan Kumar Gupta and Akshay Kumar Singh.

He further said that the convicts undertook several steps to obtain relevant information necessary for filing the mercy petitions. In regular interval, the convicts requested the concerned authority to supply documents pertaining to their medical records from 2012 to 2015 and 2019-2020, records of cellular confinement, records of the amount earned in prison through labour, records of educational and reformative activities like Tihar Olympics and Painting, etc.

The Supreme court had recently dismissed the curative petition for the other two convicts -- Vinay Kumar Sharma (26) and Mukesh Singh (32).

The court had recently issued death warrant against the convicts and fixed 6 a.m. on February 1 as the date and time of execution of the death penalty.

The 23-year-old victim in the case was brutally gang raped and tortured on December 16, 2012, which later led to her death. All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and subsequently upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

A Juvenile involved in the crime was convicted by a juvenile justice board and released from a reformation home after serving a three-year term.

Hearing in a different case, Chief Justice of India S.A. Bobde on Thursday said a condemned person cannot fight the death penalty endlessly and it was important for the capital punishment to reach its finality.

The death penalty, he noted, cannot be questioned at every turn by the convict.

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Agencies
July 2,2020

Paris, Jul 2: Several interacting exoplanets have already been spotted by satellites. But a new breakthrough has been achieved with, for the first time, the detection directly from the ground of an extrasolar system of this type.

An international collaboration including CNRS researchers has discovered an unusual planetary system, dubbed WASP-148, using the French instrument SOPHIE at the Observatoire de Haute-Provence (CNRS/Aix-Marseille Universite).

The scientists analysed the star's motion and concluded that it hosted two planets, WASP-148b and WASP-148c. The observations showed that the two planets were strongly interacting, which was confirmed from other data.

Whereas the first planet, WASP-148b, orbits its star in nearly nine days, the second one, WASP-148c, takes four times longer. This ratio between the orbital periods implies that the WASP-148 system is close to resonance, meaning that there is enhanced gravitational interaction between the two planets. And it turns out that the astronomers did indeed detect variations in the orbital periods of the planets.

While a single planet, uninfluenced by a second one, would move with a constant period, WASP-148b and WASP-148c undergo acceleration and deceleration that provides evidence of their interaction.

The study will shortly be published in the journal Astronomy & Astrophysics.

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