Singh brothers resign after HC upholds Rs 3,500 cr arbitral award to Japanese pharma

Jan 6: India’s Finance Ministry has delivered a challenge to its revenue collectors: meet tax targets despite $20 billion of corporate tax cuts.

Through a video conference on Dec. 16, officials were exhorted to meet the direct tax mop-up target of 13.4 trillion rupees ($187 billion), a government official told reporters. Collection in the eight months to November grew at 5% from a year earlier, against the desired 17%.

The missive shows Prime Minister Narendra Modi’s urgent need to buoy public finances in a slowing economy where April-November tax collections were half the amount budgeted. Authorities withheld some payments to states and have capped ministries’ expenditure as the fiscal deficit ballooned beyond the target.

The government’s efforts to maintain its deficit goal goes against advice from some quarters, including central bank Governor Shaktikanta Das, who urged more spending to spur economic growth.

It’s uncertain though how much room Modi’s administration has to boost expenditure, given that it may already be borrowing as much as 540 billion rupees through state-run companies, a figure that isn’t reflected on the federal balance sheet. Uncertainty about public finances pushed up sovereign yields in November and December, compelling Das to announce unconventional policies to keep costs in check.

“This is not a time to conceal the fiscal deficit by off-budget borrowing or deferring payments,” said Indira Rajaraman, an economist and a former member of the Reserve Bank of India’s board. “If they were to stick to the target, that would be catastrophic because there is so much pump-priming that is needed right now.”

GDP grew 4.5% in the quarter ended September, the slowest pace in more than six years as both consumption and investments cooled in Asia’s third-largest economy. Only government spending supported the expansion, piling pressure on Modi to keep stimulating.

S&P Global Ratings warned in December it may downgrade India’s sovereign ratings if economic growth doesn’t recover. Government support seems to be waning now, with ministries asked to cap spending in the final quarter of the financial year at 25% of the amount budgeted rather than 33% allowed earlier. This new rule will hamstring sectors including agriculture, aviation and coal, where not even half of annual targets have been disbursed.

As the federal government runs short of money, it’s been delaying payouts to state administrations.

Private hospitals have threatened to suspend cash-less services to government employees over non-payment of dues, while a builder informed the stock exchange about delayed rental payments from no less than the tax office itself.

India is considering a litigation-settlement plan that will allow companies to exit lingering tax disputes by paying a portion of the money demanded by the government, the Economic Times newspaper reported Saturday.

The move will help improve the ease of doing business besides unlocking a part of the almost 8 trillion rupees ($111 billion) caught up in these disputes. The step, which is being considered as part of the annual budget, could also bridge India’s fiscal gap.

Finance Minister Nirmala Sitharaman has refused to comment on the deficit goal before the official budget presentation due Feb. 1.

A deviation from target, if any, “will need to be balanced with a credible consolidation plan further-out,” said Radhika Rao, an economist at DBS Group Holdings Ltd. in Singapore.

Sitamarhi, Jun 15: Eyewitness accounts from locals in Bihar's Sitamarhi district recount the brutality and intimidation by Nepal's security personnel who on June 12 had resorted to unprovoked firing on a group of people at the international border, which left one Indian dead and two others injured.

"18-20 shots were fired for over one hour and everyone is in shock even now," said Nitish Kumar, a resident of Jankinagar recalling the incident that took place early on Friday morning.

Nepal's Armed Police Force (APF) opened fire at the Lalbandi-Jankinagar border in which three men - Vikesh Yadav, Umesh Ram and Uday Thakur - suffered gunshot injuries. Vikash Yadav succumbed to his injuries on Friday itself.

Another person Lagan Kishore, who was at the border with his family to meet his daughter-in-law, a Nepali national and her family, said he was detained by the APF personnel who dragged him to the other side of the border.

Lagan Kishore said that the Nepali personnel abused and hit him with rifle butts and even abused his son and later resorted to firing.

Several residents of Jankinagar, who spoke to media, termed the incident as "unfortunate and shocking".

Nitish Kumar recalled: "A family was here to meet their in-laws (Nepali nationals). The daughter-in-law was talking to her family while her husband and her father-in-law sat a little distance away. Suddenly I saw Nepali personnel abusing her husband who complained about it to his father. All of a sudden the Nepali forces started thrashing them and then opened fire. They also took the father into custody."

"We were all shocked. I could hear about 18-20 gunshots fired over a period of one hour," Kumar said.

Another local, Ajit Kumar, said he was perplexed with the behaviour of the Nepali Police.

"There used to be no problems earlier. We don't understand what happened to the Nepal Police that day. The firing is unfortunate. If this continues, how will people in the border area live?" he questioned.

Ajit Kumar stated that such an incident has taken place for the first time. "People from here go to work in fields in Nepal and their people come to work in our fields. Such a thing has happened for the first time. About 80 per cent of our people are married to Nepalis," he said.

Many people who live in the adjoining districts of Bihar, which shares over 600 kilometres of border with Nepal, have relatives on either side of the border.

Meanwhile, Nepali police have claimed that Lagan Kishore, who was taken into custody following the firing by APF and handed over to Indian Security Forces at no man's land on June 13, was detained for trying to snatch a weapon from one of their personnel during an altercation.

However, both Kishore and his family have denied the claims and said he was "dragged" across the border and was beaten.

Kishore said that during the firing he had rushed towards the Indian side but Nepalese personnel hit him with rifle butt and took him to Nepal's Sangrampur. He was also asked to confess that he was taken into custody from the Nepali side.

"We ran to return to India when they started firing, but they dragged me from the Indian side, hit me with a rifle butt and took me to Nepal's Sangrampur. They told me to confess that I was brought there from Nepal. I told them you can kill me but I was brought there from India," said Kishore.

Kishore's son also said that Nepali personnel started abusing them and hit him and his father.

Speaking to ANI, Kishore's son said, "We went to meet my brother-in-law. Security personnel started abusing me but I could not understand their language. However, my brother's wife asked them to not abuse. After that, they came to the Indian side and hit me. I told my father about the incident and he confronted them."

"They started beating him and called fellow personnel who started firing and dragged my father from the Indian side, hit him with a rifle butt and took him to Nepal''s Sangrampur," he said.

Relations have become strained between India and Nepal after the latter released a map showing parts of Indian Territory-Lipulekh, Kalapani and Limpiyadhura as its own.

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.