Setback to Gujarat BJP as HC scraps 10 pc EBC quota

August 4, 2016

Ahmedabad, Aug 4: In a setback to BJP Government in Gujarat ahead of the leadership change, the High Court here today quashed the ordinance providing 10 per cent quota for the economically backward among the unreserved category, promulgated to pacify the agitating Patel community.

EBC

The state government said it will challenge the High Court decision. The HC stayed the order for two weeks on the request of the state government pleader so that they can approach Supreme Court.

Terming the ordinance issued on May 1 as "inappropriate and unconstitutional", a division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi rejected the state's argument that it is a classification under the general category and not the reserved category and held that it will breach the 50 per cent quota cap set up by the Supreme Court.

Significantly, the High Court order has come when the BJP government is all set to have a new chief minister after the resignation of Anandiben Patel yesterday as the ruling party grapples with multiple challenges, including Patidar quota stir, ahead of next year's Assembly polls.

Sticking to its stand on the EBS quota, the BJP Government said it will move the Supreme Court against High Court decision to scrap the ordinance which was announced by Anandiben to pacify the agitating Patidars who were demanding quota in jobs and educational institutions under OBC quota.

However, Patidar quota leader Hardik Patel welcomed the order and said their agitation for quota under OBC category will continue.

The court observed that 10 per cent reservation for poor among the unreserved category takes the total quota beyond 50 per cent, which is not permitted as per the Supreme Court's earlier decision.

The high court also said that the government took the decision without any study or scientific data.

Petitioners Dayaram Verma, Ravjibhai Manani, Dulari Basarge and Gujarat Parents' Association had separately challenged the ordinance announcing reservation of 10 per cent seats to candidates belonging to the unreserved category with family income cap of Rs 6 lakh annually in government jobs and educational institutions.

Their petitions were heard together.

The Patel quota stir, spearheaded by Patidar Anamat Andolan Samity led by Hardik Patel, is seen to be a key factor that led to the leadership change in the state, where assembly polls are due in a little over an year.

The BJP had suffered heavy losses in the rural local bodies polls, which were blamed on the quota stir of the numerically and socially strong Patel community.

Reacting to the order, Health minister Nitin Patel, considered to be a front runner for the Chief Minister's post, said the Government will stick to the provision of EBC quota and challenge the HC order in the apex court as soon as possible.

The government pleader had told the court that the reservation is actually "a further classification in the general, open, unreserved category" and does not violate either Supreme Court order or Constitutional provisions.

The state government, in its affidavit, said the ordinance does not violate provisions of the Constitution nor does it go against the Supreme Court orders.

"The ordinance should be read with Article 46 of Constitution (which states that social justice is required for weaker sections of society) and not with reference to Backward Class quota," the affidavit said.

The petitioners submitted before the court that the reservation violates the Supreme Court's order providing 50 per cent ceiling for quota in the Indra Sawhney vs Union of India case.

They said that additional 10 per cent reservation reduced the number of seats in educational institutions for candidates from unreserved category with annual family income of more than Rs 6 lakh.

On May 1, the state had issued the ordinance providing 10 per cent reservation to persons from economically weaker sections from unreserved category, other than the SC, ST and OBC, for admissions in educational institutions and government jobs.

The reservation is applicable to persons with annual family income cap of Rs 6 lakh.

"When we announced the 10 per cent EBC reservation, our government had clearly stated that we will stick to this provision of EBC quota in any situation. Thus, we will file an appeal in the Supreme Court against today's order by High Court, which rejected this quota today," Nitin Patel said.

Hailing the order, Hardik Patel said, "The court had clearly said that EBC quota was unconstitutional.

"We welcome the order, as we always wanted reservation as per the Constitution. Thus, our agitation for reservation under OBC quota will continue till we get justice" Patel said through a video message from Udaipur, Rajasthan. He was directed to stay out of Gujarat for six months by the high court while being granted bail in a sedition case related to the agitation last month.

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News Network
May 11,2020

London, May 11: Fugitive diamond merchant Nirav Modi's five-day extradition trial over the nearly USD2 billion Punjab National Bank (PNB) fraud and money laundering case is set to begin in London's Westminster Magistrates' Court today.

The London High Court rejected Nirav Modi's bail plea in Punjab National Bank (PNB) bank fraud case for the fifth time in early March.

Modi, the prime accused in the PNB fraud case, is currently lodged at Wandsworth prison in south-west London and is wanted for his alleged role in the Rs 13,570 crore loss caused to the Punjab National Bank (PNB) along with his uncle, Mehul Choksi.

Modi, 48, was arrested in March last year by Scotland Yard in connection with the case.

Modi was remanded in custody till February 27, 2020, after he appeared before a UK court on Thursday via video link from his London prison.

The latest bail hearing followed further assurances by Modi, including an increase in the amount of security he had offered as a guarantee as well as stricter bail conditions.

On his last bail application, Modi offered USD 4 million as a security guarantee in return for bail, an offer that was rejected by judges who ruled that there was a real risk that Modi would flee the UK to a country which has no extradition treaty with India.

At the same hearing, the judge ruled that there was "strong evidence" that Modi had engaged in "witness intimidation" and destroying evidence.

Given the seriousness of such allegations, it was all but certain that the latest bail application would be rejected.

Modi's lawyers had contended that their client was being held in difficult conditions at Wandsworth prison and had also claimed that his mental health was deteriorating as a result of his incarceration.

However, ruling at the High Court today, Justice Ian Dove said there was a "clear need for this application to be refused in the present circumstances."

It comes just days after the second sale of assets belonging to Modi valued at millions of dollars.

The items include a luxury Rolls Royce car, a Patek Philippe watch and a painting by the renowned Indian artist Amrita Sher-Gil valued at USD 2.5 million but expected to fetch considerably more.

Meanwhile, Nirav's brother Neeshal Modi, who is also one of the co-conspirators in the PNB scam, has written to Enforcement Directorate, distancing himself from his brother's actions and said that he had no knowledge of it.

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News Network
January 15,2020

Jan 15: Amazon.com Inc Chief Executive Officer Jeff Bezos is facing a bitter welcome during his India visit this week as the country’s antitrust regulator initiated a formal investigation just hours before his arrival and trader bodies comprising millions of infuriated small store owners announced demonstrations.

Bezos is in New Delhi for the Smbhav summit, an Amazon India event for small and medium businesses. The billionaire is scheduled to conduct a fireside chat with Amazon India chief Amit Agarwal, anchoring an event that also features Infosys Ltd. co-founder Narayana Murthy and retail billionaire Kishore Biyani, who recently sold a stake in his retail group to Amazon. Ahead of the event, Bezos paid his respects at Mahatma Gandhi’s memorial, wearing a white tunic and a rust-colored Indian vest.

The small businesses that Amazon’s CEO is hoping to endear himself to, however, are organizing in opposition. The Confederation of All India Traders announced that members of its affiliate bodies across the country would stage sit-ins and public rallies in 300 cities to raise a war cry against the world’s largest online retailer. In a letter to Prime Minister Narendra Modi last week, the confederation’s Secretary General Praveen Khandelwal alleged that Amazon, much like Walmart Inc.-owned Flipkart, was an “economic terrorist” who engaged in predatory pricing that deprived the government of tax revenue and “compelled the closure of thousands of small traders.”

India’s e-commerce market is projected to grow to $150 billion by 2022, according to a 2018 report by software industry group Nasscom and consulting firm PwC India. Competition for this rapidly expanding sector is intensifying as Asia’s richest man, Mukesh Ambani, prepares to go live with JioMart, an online shopping platform challenging Amazon and Walmart directly. The latter’s Flipkart Online Services Pvt is also delving deeper into the countryside in its pursuit for more customers. Amazon, for its part, opened a huge office complex in the southern city of Hyderabad in September, underscoring its commitment to the country.

The Competition Commission of India said it would probe the deep discounts, preferential listings and exclusionary tactics that Amazon and Flipkart are alleged to have used as anti-competitive levers. India’s trade bodies have long argued that both retail giants were flouting rules by promoting sales and discounts through their favoured sellers, many of whom they have preexisting commercial arrangements. The regulator has ordered for the investigation to be completed within two months.

Bezos last visited India in 2014 under starkly different circumstances. During that trip, the Amazon founder wore local festive garb, rode atop a festooned truck for a photo opp and presented Amazon’s Indian unit with a giant check for $2 billion. Since then, Amazon has pledged a further $3.5 billion to expand in the country.

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News Network
June 11,2020

New Delhi, Jun 11: Rajasthan chief minister Ashok Gehlot has obliquely hinted that the opposition Bharatiya Janata Party (BJP) is pulling out all stops to destabilise the Congress-led government by luring some of the ruling party’s members of the legislative assembly (MLAs) with Rs 25 crore each.

He alleged that the BJP’s plan is similar to that of toppling the erstwhile Kamal Nath-led government in Madhya Pradesh (MP) and some of his party lawmakers have been offered Rs 10 crore each in advance of the promised sum of Rs 25 crore.

The CM made these allegations while speaking to media persons late on Wednesday night, when the Congress took its 107 party MLAs and 13 independent lawmakers to a resort located on the outskirts of Jaipur for a meeting ahead of the upcoming Rajya Sabha polls for three seats from the desert state slated to be held on June 19.

The 120 MLAs will be shifted to the resort on Thursday.

“Our MLAs are intelligent, alert, and united. Rajasthan is the only state in the country, where 13 independent MLAs supported our government for neither exchange of any money nor post. However, the condition on which our MLAs left the party for the BJP in MP is not good,” Gehlot said.

Rajasthan government’s chief whip Mahesh Joshi in a complaint to the director-general, anti-corruption bureau (ACB), has alleged attempts to poach Congress MLAs and the independent lawmakers, who are supporting the Gehlot-led government.

“Attempts are being made to destabilise the government in Rajasthan on the lines of Karnataka and MP,” Joshi alleged.

Gehlot said that he would hold another round of meeting with the 107 Congress and 13 independent MLAs on Thursday.

The CM also targeted Prime Minister Narendra Modi, alleging that the Upper House elections were postponed under pressure because the BJP could not poach an adequate number of MLAs in Rajasthan and Gujarat.

He blamed the saffron party for its lack of faith in democracy, as it has ensured the resignation of eight Congress MLAs in Gujarat since March, including three earlier this week.

Mukesh Pareek, BJP’s state spokesperson, refuted the allegations levelled by CM Gehlot against his party and asked the ruling Congress to give evidence of alleged poaching of its and independent lawmakers.

‘The Congress has failed to manage its own house. There is growing resentment in the party’s rank and file over its failed national leadership,” Pareek alleged.

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