Victim also should have a say in punishment of criminal: SC

News Network
October 15, 2018

New Delhi, Oct 15: The Supreme Court of India has suggested that the victim of a crime should also have a say in the punishment of the criminal.

A Bench of Justices Madan B. Lokur. S. Abdul Nazeer and Deepak Gupta held that punishment should be “meaningful” to the victim also.

For this, “it is necessary to seriously consider giving a hearing to the victim while awarding the sentence to a convict”, the Bench said.

In criminal prosecution, the State takes the front seat while the victim becomes a prosecution witness. The crime is primarily considered a wrong against society and the punishment, a deterrent for prospective offenders.

With its order, the Supreme Court has made it clear that the victim or her family — who has suffered the crime — should have an equal say in the punishment of the perpetrator.

“A victim impact statement or a victim impact assessment must be given due recognition so that an appropriate punishment is awarded to the convict,” Justice Lokur observed.

What may be ‘justice’ in the rule book may not serve the victim.

Taking another step further, Justice Lokur said even taking a statement from the victim on the sentence of the convict may not mean relief to the victim.

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News Network
March 29,2020

New Delhi, Mar 29 : Notwithstanding the 21-day coronavirus lockdown, the Reserve Bank of India (RBI) has decided to go ahead with the merger plan of ten state-run banks into four larger bank from April 1. The apex bank has issued four separate releases announcing that the branches of merging banks will operate as of the banks in which these have been amalgamated from next month.

RBI's statement comes after Finance Minister Nirmala Sitharaman's clarification on Thursday that the mega bank consolidation plan was very much on track and would take effect from April 1.

The government on March 4 had notified the amalgamation schemes for 10 state owned banks into four as part of its consolidation plan to create bigger size stronger banks in the public sector.

Bank officers' unions, however, earlier this week wrote to the prime minister seeking to defer the merger schemes of lenders due to the lockdown triggered by coronavirus outbreak.

As per the scheme, Oriental Bank of Commerce and United Bank of India will be merged into Punjab National Bank; Syndicate Bank into Canara Bank; Allahabad Bank into Indian Bank; and Andhra and Corporation banks into Union Bank of India.

Under this, the branches of Oriental Bank of Commerce and United Bank of India will operate as branches of Punjab National Bank from April 1, 2020, and branches of Syndicate Bank as that of Canara Bank, the RBI said in a separate releases.

Allahabad Bank branches will operate as those of Indian Bank while the branches of Andhra Bank and Corporation Bank will function as the branches of Union Bank of India from the beginning of next fiscal year 2020-21, the RBI said.

"The Amalgamation of Oriental Bank of Commerce and United Bank of India into Punjab National Bank Scheme, 2020 dated March 4, 2020, issued by the Government of India... The scheme comes into force on the 1st day of April 2020," RBI said.

Customers, including depositors of merging banks will be treated as customers of the banks in which these banks have been merged with effect from April 1, 2020, the RBI noted.

Banking services across the country are impacted due to the effect of COVID-19 as a near shut down is being observed across the country.

In a letter written to the Prime Minister on March 25, the All India Bank Officers'' Confederation (AIBOC) said, "The finance minister yesterday announced a slew of measures in view of the deleterious effect of the contagion. We are also expecting an extension of closing related activities and the revision of the closing date itself from March 31 to June 30, which is the need of the hour."

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News Network
April 28,2020

New Delhi, Apr 28: Outstanding loans amounting to Rs 68,607 crore of top 50 wilful bank loan defaulters in the country including firms of Mehul Choksi and Vijay Mallya have been technically written off till September 30, 2019, the Reserve Bank of India said in a RTI reply.

Absconding dimantaire Choksi's company Gitanjali Gems tops the list of these defaulters with a whopping amount of Rs 5,492 crore, according to the list.

This is followed by REI Agro with Rs 4,314 crore and Winsome Diamonds with Rs 4,076 crore.

Rotomac Global Private Limited has funded advances of Rs 2,850 crore which have been technically written off and Kudos Chemie Ltd with Rs 2,326 crore, Ruchi Soya Industries Limited, now owned by Ramdev's Patanjali, with Rs 2,212 crore and Zoom Developers Pvt Ltd with Rs 2,012 crore being the other companies.

Mallya's Kingfisher Airlines figures in the list at number 9, with outstanding of Rs 1943 crore which have been technically written off by the banks.

Forever Precious Jewellery and Diamonds Private Limited has loans of Rs 1,962 crore written off while Deccan Chronicle Holdings Limited have Rs 1915 crore written off loans.

Choksi's other firms Gili India and Nakshatra Brands also have loans of Rs 1,447 and Rs 1109 crore respectively written off.

REI Agro of Jhunjhunwala brothers is already under the scanner of ED. The CBI and ED are also probing alleged fraud by the owners of Winsome Diamonds.

Vikram Kothari's Rotomac is the fourth in the list. He and his son Rahul Kothari were arrested by the CBI for bank loan default.

In the last Parliament session, Rahul Gandhi had asked the government to provide a list of top 50 bank loans defaulters in the country, leading to sharp exchanges and uproar in the Lok Sabha.

"The information on top 50 wilful defaulters and their sum of funded amount outstanding and amount technically/prudentially written off as on September 30, 2019 reported in CRILC by banks, is provided," the RBI said in its written response dated April 24.

In his application, RTI activist Saket Gokhale had sought the list of defaulters as on February 16, but the RBI said the requested information is not available.

The RBI said that according to section 8 (1)(a) of RTI Act 2005 read with para 77 of Supreme Court judgement of December 16, 2015 in Jayantilal N Mistry case, information on overseas borrowers is exempted from public disclosure.

"Data is as reported by banks and RBI will not be held responsibly or accountable for any misreporting and/or incorrect reporting by the reporting entities," the RBI said in the written reply to the RTI query.

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News Network
June 20,2020

Bhopal, Jun 20: A senior BJP MLA in Madhya Pradesh tested COVID-19 positive hours after he cast his vote for the Rajya Sabha polls in the state and attended party meetings, an official said on Saturday. The legislator's wife has also tested positive for the infection, he said.

Voting for three Rajya Sabha seats in the state took place on Friday.

The couple's test reports came on Friday night and the news of the MLA's infection triggered panic among other MLAs with some of them reaching hospitals to get themselves tested.

"The MLA and his wife were found infected with COVID- 19 in the tests conducted by a private laboratory. We are examining their condition and making a decision whether they need to be hospitalised or home quarantined," a health department official told.

He said that the MLA's contact tracing has been initiated.

"Further tests are also being conducted," he said.

He is the second legislator in Madhya Pradesh, who was tested coronavirus positive.

Earlier, a Congress MLA was found infected. He had voted for the Rajya Sabha polls on Friday after reaching the state assembly complex wearing a PPE suit.

Talking to , a member of the BJP MLA's family said that the medical team was called on Friday afternoon for the COVID-19 test after the legislator's wife complained of uneasiness.

"The MLA and his wife gave the samples to the medical team for the COVID-19 tests on Friday afternoon and they were told at night that both of them have tested positive for the infection," he said.

After the news of BJP MLA testing positive spread, a senior BJP MLA from Mandsaur, Yashpal Singh Sisodiya, reached government-run J P Hospital here along with two other party MLAs.

Talking to reporters, Sisodiya said, "I came here along with two other MLAs from our division- Dilip Makwana (Ratlam Rural) and Devilal Dhakad (Garoth)- after we came to know through media and social media that one of the MLAs from our division has tested positive for COVID-19."

"We don't have any symptoms, but came to test for COVID-19 as a precautionary measure," he said.

Dhakad said that he came for testing as he had dined with the MLA two days back.

Talking to , Madhya Pradesh State Assembly's Principal Secretary A P Singh said that all the precautionary measures were taken during the Rajya Sabha polling.

"All employees were in safety gears during the Rajya Sabha election process. The assembly campus was being sanitised every 15-20 minutes during the polling process...We are now going through the CCTV footage to trace those who had come in his contact," he said.

Congress MLA and former minister P C Sharma said that those who came in contact with the BJP legislator should be traced and quarantined.

"The employees and MLAs who came in contact with him during the voting process should be tested," Sharma said.

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