US Judge denies Devyani's request to extend Jan 13 hearing

January 9, 2014
New York, Jan 9: In a major setback to Indian diplomat Devyani Khobragade, a federal judge has denied her request to extend the January 13 deadline for a preliminary hearing, the date by which she has to be indicted.

Devyani

Magistrate Judge Sarah Netburn of the US District Court for the Southern District of New York said adjournment of the date will not grant her the "relief she seeks" regarding plea negotiations between her and the government to resolve the visa fraud case.

An indictment or information charging the defendant with the commission of an offence must be filed within 30 days of the date of the defendant's arrest or service of a summons in connection with such charges, she said in her order.

Any adjournment of the preliminary hearing date will not have any impact on the filing of the indictment.

"The defendant has requested only that the preliminary date be adjourned for 30 days for good cause shown... Because a modification of the hearing date will not itself alter the time period for the filing of an indictment or information, the defendant's concerns regarding the pressures of an impending indictment on plea negotiations will not grant her the relief she seeks."

"Therefore, good cause has not been demonstrated, and the defendant's request for an adjournment of the preliminary hearing date is Denied," Netburn said in her three-page order issued late yesterday.

She said since Khobragade was arrested on December 12, 2013, she "must be indicted (or an information by the government must be filed against her)" by January 13.

"Therefore, an extension of the preliminary hearing date ...will not relieve the pressure identified by the defendant. Moreover, the defendant cannot extend Speedy Trial time limits merely by filing a waiver."

"The Speedy Trial Act is not solely a protection for the defendant," Netburn said in her judgement, " it is also designed to serve the public's interest in a speedy trial of those charged with federal criminal offences."

The order means the indictment against Khobragade will now have to filed before or on January 13.

Her lawyer Daniel Arshack had sought postponement of the preliminary hearing date and extension of the indictment deadline by 30 days "to and including February 12, 2014".

He had said that the extension is being sought in order to facilitate the plea discussions that have been ongoing between his office and Khobragade.

Netburn ruled that "an adjournment of the preliminary hearing date will not grant the defendant the relief she (Khobragade) seeks."

A 1999-batch IFS officer, Khobragade was arrested on charges of making false declarations in a visa application for her maid Sangeeta Richard. She was released on a USD 250,000 bond.

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News Network
March 25,2020

New Delhi, Mar 25: The Congress said on Wednesday that it stood with Prime Minister Narendra Modi on his appeal for 21-day lockdown but was "deeply disappointed by the lack of coherent strategy" and demanded that Rs 7,500 should be transferred to every Jan Dhan, PM Kisan and pension account to tide over the nutrition needs for 21-days.
It also demanded that the Public Distribution System (PDS) ration should be given free.
In a series of tweets, Congress Communications in-charge Randeep Singh Surejwala said that the need of the hour was to implement 'Minimum Income Guarantee Scheme' (Nyay) mooted by the Congress and party leader Rahul Gandhi.
"Please transfer Rs 7,500 to every Jan Dhan, PM Kisan, and every pension account to tide over nutrition needs of 21 days and give free PDS ration. We will rise together as a nation and defeat COVID-19. We stand with lockdown but are deeply disappointed by the lack of coherent strategy or a clear 'way ahead' on your part," he said.
Surjewala asked what steps the government took despite an early warning about COVID-19 and sought details about isolation beds and ventilators available to people.
"Dear PM, India will adhere to the lockdown but what steps did the govt take to tackle the corona pandemic despite early warnings in Feb? When will doctors, nurses and health workers have adequate protection? How many 'isolation beds' and ventilators are available and where?" he said.
He asked how daily wagers and labourers will sustain during the 21-day lockdown.
"What's your plan to address the huge issue of bread and butter and livelihood for millions? How will daily wagers, labourers, MGNREGA workers, factory workers, unorganised workers, fishermen, farmers and farm labour sustain for 21 days?" he asked.
Surjewala said the crying need is to arm doctors, nurses and health workers with personal protection equipment and asked: "why are N-95 masks, Hazmat suits not available?"
"In March itself, India needs 7.25 lakh bodysuits, 60 lakh N-95 masks, 1 crore 3 ply masks? When will they be available?" he asked.
Surjewala said that the government banned the export of ventilators, respiratory devices and sanitisers only yesterday on March 24, "84 days after the spread of COVID-19."
"Is this your government's 'Modus operandi' to fight coronavirus? Too little, Too late!," he said.
Noting that two-thirds of the country's population is engaged in agriculture, he said that Prime Minister Modi did not refer to farmers during his address to the nation and demanded a moratorium on farmers' loans.
"Crop is ready for harvest in March itself. How will it be harvested and sold and who will buy at fair price? Indebtedness relief to farmers is the only way forward in these testing times. Please put a moratorium on farmers' loans and recoveries. Please ensure the procurement of crops at MSP. Let's not forget that farmers are the backbone of India's economy," he said.
Surjewala said the Prime Minister gave only four hours to prepare for 21-day lockdown.
"Did you think of over 5 lakh truck drivers, who are now stranded on roads? Did you think of millions of workers, who are stranded in cities away from home without food or money? What should they do," he asked.

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News Network
January 27,2020

Jan 27: The Andhra Pradesh Cabinet passed a resolution on Monday setting in motion the process for abolishing the state Legislative Council.

A similar resolution will now be adopted in the Legislative Assembly and sent to the Centre for necessary follow-up action.

With just nine members, the ruling YSR Congress is in minority in the 58-member Legislative Council. The opposition Telugu Desam Party (TDP) has an upper hand with 28 members and the ruling party could get a majority in the House only in 2021 when a number of opposition members will retire at the end of their six-year term.

The move by the Andhra Pradesh cabinet came after the Y S Jaganmohan Reddy government last week failed to pass in the Upper House of the state legislature two crucial Bills related to its plan of having three capitals for the state.

Andhra Pradesh Legislative Council Chairman M A Sharrif on January 22 referred to a select committee the two bills -- AP Decentralisation and Inclusive Development of All Regions Bill, 2020, and the AP Capital Region Development Authority (CRDA) Act (Repeal) Bill -- for deeper examination.

The chairman had said that he was using his discretionary powers under Rule 154 while referring the Bills to the select panel in line with the demand of the TDP.

Following this, the chief minister had told the Assembly, "We need to seriously think whether we need to have such a House which appears to be functioning with only political motives. It is not mandatory to have the Council, which is our own creation, and it is only for our convenience."

"So let us discuss the issue further on Monday and take a decision on whether or not to continue the Council," he had said.

In fact, the YSRC had on December 17 first threatened to abolish the Council when it became clear that the TDP was bent on blocking two Bills related to creation of a separate Commission for SCs and conversion of all government schools into English medium.

As the Legislature was adjourned sine dine on December 17, no further action was taken. But last week, the issue cropped up again as the TDP remained firm on its stand on opposing the three-capitals plan.

The YSRC managed to get two TDP members to its side, but the government failed to get the three capitals Bills passed in the Council.

"What will be the meaning of governance if the House of Elders does not allow good decisions to be taken in the interest of people and block enactment of laws? We need to seriously think about it… Whether we should have such a House or do away with it," the chief minister had said in the Assembly.

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News Network
April 29,2020

New Delhi, Apr 29: India's tally of COVID-19 cases has reached 31,332, said the Union Ministry of Health and Family Welfare on Wednesday. With 73 more deaths reported, the number of deaths due to coronavirus in the country breached the 1,000 mark and stood at 1,007.

The tally is inclusive of 22,629 active coronavirus cases, 7,695 patients who have been cured/discharged and one patient migrated.

According to the Ministry, Maharashtra has the most number of COVID-19 cases with 9,318 cases of which, 1,388 patients have been cured/discharged while 400 patients have succumbed to the virus.

Gujarat has the second-highest number of positive cases in the country with 3744 cases including 434 patients cured/discharged and 181 deaths.

Delhi's tally stands at 3314 cases of which, 1078 patients have recovered while 54 patients have succumbed to the virus.

Madhya Pradesh has a total of 2387 positive cases including 377 patients recovered/discharged and 120 fatalities.

Meanwhile, Goa (seven cases; all seven recovered), Arunachal Pradesh (one case; now recovered), Manipur (two cases; both recovered), Tripura (two cases; both recovered) have reported no new cases of COVID-19.

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