Supreme Court verdict on death sentence commutation patently illegal: Centre

March 1, 2014
New Delhi, Mar 1: The Centre today moved the Supreme Court seeking review of its verdict holding that undue delay by the government in deciding mercy plea can be a ground to commute death sentence of a condemned prisoner.

The Centre submitted that the January 21 judgement, by which 15 condemned prisoners were granted life and paved the way for similar relief for Rajiv Gandhi killers, is "patently illegal, suffers from errors apparent".Rajiv_Gandhi

It said such an important issue should have been heard by a Constitution bench and the judgement passed by a three-judge bench was without "jurisdiction".

"It is respectfully submitted that the impugned judgement is patently illegal, suffers from errors apparent on the face of the record and flies in the face of well-established principles of law laid down by this Court and contained in the Constitution and other statutes," the review petition said.

"It is submitted that in the present case, the issue raised was that of the commutation of the death sentence to life imprisonment on the ground of delay, which allegedly attracted Article 21 (right to life) in favour of the convicts.

"Therefore, it involved a substantial issue of interpretation of the Constitution and ought to have been heard by a bench of five Judges, as mandated under Article 145 of the Constitution," it said.

Referring to an earlier apex court order in which it was said that nature of crime to be considered while commuting death sentence of a convict, the government said previous verdict "observed that there is a distinction between offences such as TADA and other offences".

"Thus, there is an error apparent on the face of the record, and the impugned judgement merits a review," it said.

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June 10,2020

New Delhi, Jun 10: India on Wednesday reported a spike of 9,985 more COVID-19 cases in the last 24 hours, taking the country's COVID-19 count to 2,76,583, according to the Union Ministry of Health and Family Welfare.

279 deaths were reported in the last 24 hours taking the total death toll to 7,745.

The total number of active cases has reached 1,33,632 while 1,35,205 patients have recovered. While one person has migrated.

With 90,787 cases, Maharashtra reported the highest number of coronavirus cases in the country followed by Tamil Nadu with 34,914 cases.

According to the Indian Council of Medical Research (ICMR), 1,45,216 samples were tested in the last 24 hours while overall 50,61,332 samples have been tested so far.

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February 10,2020

New Delhi, Feb 10: Former finance minister P Chidambaram on Monday tore into the Modi government's handling of the economy, saying it was close to collapse and was been attended by "very incompetent doctors."

Initiating the debate on the Union Budget for 2020-21, he said rising unemployment and falling consumption was making India poorer.

The economy, he said, is facing demand constraints and is investment starved. The economy is facing fall in consumption and rising unemployment.

"Fear and uncertainty prevails in the country," he added.

He said the chief economic advisor to the BJP government for four years, Arvind Subramanian has stated that the economy is in the ICU. But "I would say the patient has been kept out of ICU and incompetent doctors are looking at the patient," Chidambaram said.

"It is dangerous to have a patient out of ICU and being looked upon by incompetent doctors. What is the point standing around and chanting slogan 'Sab ka saath, sab ka vishwas'," he said, adding every competent doctor the Modi government could ever identify has left the country.

His said a list of such people included former RBI governor Raghurman Rajan, former CEA Arvind Subramanian, former RBI governor Urjit Patel and former NITI Aayog vice chairman Arvind Panagariya.

"Who are your doctors, I want to know," he said, adding the government considers Congress as untouchable and doesn't think of any good about the rest of the opposition and so doesn't consult them.

Chidambaram charged that instead of putting money in the hands of people, the Modi government "put money in hands of 200 corporates" by way of corporate tax.

He said Finance Minister Nirmala Sitharaman in her 160- minute budget speech did not talk of the economy and its management.

"You are living in echo chambers. You want to hear your own voice," he said.

Listing problems with the Modi government, Chidambaram said it refuses to admits in mistakes, lives in denial and has predispositions.

The demonetisation of old 1000 and 500 rupee notes, as well as the hurried implementation of the Goods and Services Tax (GST), are "monumental blunders" that ruined the economy, he said, adding the Modi regime is predisposed to protectionism, a 'strong' rupee and is against bilateral and multilateral agreements.

"It is living in denial," he said, adding the economic growth has fallen for hereto unseen six consecutive quarters.

He wondered on the narrative Finance Minister Nirmala Sitharaman was trying to give after reading out a 160-minute budget speech with few pages left unread.

Her budget neither made any reference to the Economic Survey nor picked up a single idea from it, he said.

Chidambaram, who is credited with presenting a 'dream budget' more than two decades back, said the GDP growth has declined for six consecutive quarters, agriculture is growing by just 2 per cent, while consumer price inflation has risen from 1.9 per cent in January 2019 to 7.4 per cent in a matter of 11 months.

Also, food inflation is at 12.2 per cent. Bank credit is growing 8 per cent with non-food credit rising by 7-8 per cent and credit to industry by just 2.7 per cent. Credit to agriculture has declined from 18.3 per cent to 5.3 per cent and that for MSMEs from 6.7 per cent to 1.6 per cent.

Overall industrial index showed just 0.6 per cent growth. "Every major industry is either near zero or in negative zone," he said, adding thermal power plants are operating at just 55 per cent of the capacity as factories have either closed or are on the verge of closure.

"That gives you a good picture of the state of economy. You don't require MRI," he said. "You are in management for six years. How long can you blame previous managers."

He charged the government with burying unfavourable reports such as the labour survey that put unemployment at 45 -year high of 6.1 per cent at end of 2017-18. Also, consumer expenditure has falling to 3.7 per cent between 2011-12 and 2017-18.

Drilling holes in Budget numbers, he said the 2019-20 budget projected a nominal GDP growth of 12 per cent but ended with just 8.5 per cent. Fiscal deficit was targeted to be shrunk to 3.3 per cent of the GDP but ended by at 3.8 per cent and in the next fiscal it is being targeted at 3.5 per cent.

Revenue deficit was targeted at 2.3 per cent in fiscal ending March 31, 2020 but ended up at 2.4 per cent and in the next it will rise to 2.8 per cent, he said, adding capital expenditure in the next fiscal will shrink to 0.7 per cent from 1.4 per cent in the current.

Net tax revenue in the current fiscal was targeted at Rs 16.49 lakh crore but only Rs 9 lakh crore was collected in first nine months till December 2019 and "you want us to believe this will rise to Rs 15 lakh crore by March 2020," he said.

Similarly, expenditure in 2019-20 was pegged at Rs 27.86 lakh crore but only Rs 11.78 lakh crore spent during April- December and by March this is projected to rise to Rs 27 lakh crore.

"You have no money to spend... and these are masked by numbers," he said. "Numbers are not easily acceptable or believable."

Chidambaram said the government is facing shortfall in all forms of taxes - Rs 1.56 lakh crore on corporate tax, Rs 10,000 crore on personal income tax, Rs 30,000 crore on customs, Rs 52,000 crore on excise and Rs 51,000 crore on GST.

This despite "the extraordinary powers" and "all kinds of power" given to lower level tax officials, he said.

He read of list of heads under which allocation has fallen - food subsidy, agriculture, PM-Kisan, rural roads, mid-day meal scheme, ICDS, skill development, Ayushman Bharat, rural development and MGNEGA.

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News Network
March 23,2020

New Delhi, Mar 23: The total number of novel coronavirus cases in India rose to 415 on Monday including seven deaths.

"A total of 18,383 samples from 17,493 individuals have been tested for SARS-CoV2 as on March 23 at 10 am IST. A total of 415 individuals have been confirmed positive among suspected cases and contacts of known positive cases," ICMR said in a release.

According to the data released by the Ministry of Health and Family Welfare, Maharashtra is the worst affected state with 67 confirmed cases, including 64 Indian nationals.

Kerala also has 67 confirmed cases with 60 Indian nationals.

Next on the list with most coronavirus-affected patients is Delhi with 29 confirmed cases.

Uttar Pradesh and Rajasthan have 28 and 27 confirmed cases respectively. Telangana and Karnataka have reported 26 cases each. In Punjab, the number of COVID-19 affected patients stands at 21.

A total of 24 patients have been cured and discharged.

The Centre on Monday asked state governments to strictly enforce the lockdown imposed to prevent the spread of coronavirus and directed legal action against violators.

"States have been asked to strictly enforce the lockdown in the areas where it has been announced. Legal action will be taken against violators," a tweet by Principal Director General of PIB, KS Dhatwalia read.

A 'Janata curfew' was observed yesterday to contain the spread of the novel coronavirus pandemic, which has claimed and over 13,000 lives worldwide.

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