‘Why aren’t personal guarantees of big corporate loan defaulters invoked by PSBs’

Agencies
July 21, 2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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News Network
March 3,2020

Chennai, Mar 3: The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child.

"As per existing rules, a woman can avail such benefits only for her first two deliveries. Even otherwise it is debatable as to whether the delivery is not a second delivery but a third one, in as much as ordinarily when twins are born they are delivered one after another, and their age and their inter-se elderly status is also determined by virtue of the gap of time between their arrivals, which amounts to two deliveries and not one simultaneous act," the court said.

The first bench, comprising Chief Justice A P Sahi and Justice Subramonium Prasad stated this while allowing the appeal from Ministry of Home Affairs.

It set aside the order June 18 2019 order of a single Judge, who extended 180 days of maternity leave and other benefits to a woman member of the Central Industrial Security Force (CISF) under the rules governing the Tamil Nadu government servants.

The issue pertains to an appeal moved by the ministry, which contended that the leave claim is by a member of CISF to whom the maternity rules of Tamil Nadu would not apply.

She would be covered by the maternity benefits as provided under the Central Civil Services (Leave) Rules, the ministry said.

When the appeal came up for hearing, the bench said it found that a second delivery, which, in the present case, resulted in a third child, cannot be interpreted so as to add to the mathematical precision that is defined in the rules.

The admissibility of benefits would be limited if the claimant has not more than two children, the bench said "This fact therefore changes the entire nature of the relief which is sought for by the woman petitioner, which aspect has been completely overlooked by the single judge", the bench said.

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News Network
June 15,2020

New Delhi, Jun 15: Two officials working with the Indian High Commission in Islamabad have reportedly gone missing, sources said.

The two officials are untraceable for the last few hours.

Recently news agency reported on how Pakistan 's spy agency ISI has been tailing and harassing Indian officials and also increased their presence at the residence of Acting High Commissioner Gaurav Ahluwalia.

This incident came in the backdrop when two Pakistani officials were caught red-handed and sent back trying to collect classified information and spying in Delhi.

South block is watching the developments closely, the Indian mission has also launched a complaint with local authorities and taken up the matter Pakistan Foreign Ministry.

This incident can cause a further dip in the already tense India-Pakistan relations.

Earlier in the month, India deported two Pakistani officials for espionage activities in India.

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News Network
January 30,2020

New Delhi, Jan 30: Tension spiralled in Jamia Nagar on Thursday after a man fired a pistol at a group of anti-CAA protesters, injuring a Jamia Millia Islamia student before walking away while waving the firearm above his head and shouting "Yeh lo aazadi" amid heavy police presence in the area.

Massive protests erupted in the area after the incident with hundreds of agitated people gathering near the university, breaking barricades and clashing with police personnel.

The man, who identified himself as "Rambhakt Gopal", was subsequently overpowered by police and detained. He was taken into custody and was being interrogated, police said.

The entire drama, which triggered panic in the area, was captured by television cameras that showed the man in light coloured pants and a dark jacket, walking away on an empty road barricaded by police, turning around and shouting at the protesters in Hindi, "Here, take this freedom."

The gunman went live on Facebook before the brandishing the gun. Police said they were verifying whether it is his real name.

Before the attack, the man also put out messages on Facebook stating "Shaheen Bhag Khel Khatam" (Run Shaheen, the game is over). Another message stated, "Please wrap me in saffron in my last journey with slogans of Jai Shri Ram". His Facebook profile was deleted after screenshots of his posts were circulated widely on social media platforms.

Several students recapped how their peaceful march on Gandhi's death anniversary became violent.

"We were moving towards the Holy Family Hospital where the police had raised barricades. Suddenly, a gun-wielding man came out and opened fire. One bullet hit my friend's hand," Aamna Asif, a student of economics at the university, told PTI.

She said her friend, Shadab Farooq, a mass communication student, was trying to calm the attacker but he shot at him injuring his left hand.

Farooq, who belongs to Kashmir, was taken to the AIIMS Trauma Centre.

Ragibh Naushad, an LLB student at the university, said, "The Jamia Coordination Committee organised a march to pay homage to Gandhi ji on his death anniversary. It started at 12 noon from Gate number 7, but police denied the permission and stopped the march near the Holy Family hospital.

"A man named Gopal, came there and started brandishing a weapon and later shot a round. He was also chanting pro-CAA slogans."

The incident led to panic in the area.

Khalid Hassan, a JMI alumnus, said initially many were not sure whether it was a gunshot or a tyre burst.

There was heavy police and media presence when the incident took place.

The students were heading from Jamia to Mahatma Gandhi's memorial Rajghat. The march was stopped at the Holy Family Hospital near the university.

Chinmoy Biswal, DCP (southeast), said the students wanted to take out a march from Jamia to Rajghat but were denied permission.

"They were being repeatedly told that the protest should be carried out peacefully. We had barricaded the road just before the Holy Family hospital. Meanwhile, a person was seen in the crowd who waved something which appeared to be a weapon."

"We have detained him and are interrogating him. One person has also been injured," Biswal said.

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