Cong to take legal help if Kharge denied opposition leader post

June 14, 2014

Kharge deniedNew Delhi, Jun 14: Congress may take legal recourse if its Lok Sabha leader Maliikarjun Kharge is not made the Leader of the Opposition. While there have been reports on why Congress cannot stake a claim to the post, party spokesman Shakeel Ahmad maintained, "the law guarantees it," to the party and the Speaker did not have discretion on who can be Leader of the Opposition.

The party also denied reports that its president Sonia Gandhi had written to Speaker Sumitra Mahajan to stake claim to the post.

Denying that Gandhi had written a letter, Ahmad said, "Why should Congress president write, staking a claim to the post of Leader of Opposition in the Lok Sabha when the law guarantees it to Congress, which is the largest opposition party in the House?"

The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, amended in 2002, defines the Leader of the Opposition as, "the Leader in that House of the party in Opposition to the government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be."

The law further states that the Speaker of the Lok Sabha or Chairman of Rajya Sabha decides on the post only when there are two or more parties in opposition with the same numerical strength.

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News Network
April 9,2020

New Delhi, Apr 9: With an increase of 540 positive COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 5,734, said the Ministry of Health and Family Welfare on Thursday.

Out of the 5,734 cases; 5,095 are active COVID-19 cases and 472 cases have been recovered/discharged and one case migrated.
The death toll has also risen to 166 after 17 new deaths were reported in the last 24 hours.

Maharashtra is the worst-hit state 1,135 positive cases so far and while Tamil Nadu is second with 738 positive cases. Delhi's tally has risen to 669 cases. 

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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News Network
August 8,2020

New Delhi, Aug 8: The Union Health Secretary Rajesh Bhushan on Friday directed the governments of four states -- Gujarat, Karnataka, Tamil Nadu, and Telangana, to analyse the factors driving the high COVID-19 mortality and devise ways and means to reduce the mortality.

Apart from the higher case mortality, these states account for 17 per cent of India's active cases, high daily new cases, low tests per million, and high confirmation percentage.

In a high-level virtual meeting, Bhushan advised state administrations to adhere to measures suggested by central advisories and guidelines to prevent and reduce mortality due to coronavirus infection.

According to the health ministry, 16 districts in these four states are reporting maximum virus fatalities. It includes -- Ahmedabad and Surat in Gujarat; Belagavi, Bengaluru urban, Kalaburagi and Udupi in Karnataka; Chennai, Kanchipuram, Ranipet, Theni, Thiruvallur, Tiruchirappalli, Tuticorin and Virudhnagar in Tamil Nadu; and Hyderabad and Medchal-Malkajgiri in Telangana respectively.

"The districts were advised to ensure that the advisories, guidelines and clinical treatment protocols issued by the Health Ministry are adopted and effectively implemented to reduce the mortality among COVID-19 patients and other preventable deaths among all sections of the people, particularly those with co-morbidities, pregnant women, the elderly and children," said the health ministry official.

"States were advised to ensure optimum capacity utilization of testing labs, increase tests per million population and reduce confirmation percentage, in addition to ensuring timely availability of ambulances with target zero refusal," the official further said.

"States were also advised to analyze availability and need for projected beds and oxygen, and plan in a timely manner. States and district administration have also been advised to ensure good infection prevention and control practices to control infection in the healthcare workers," said the official.

Principal Secretary (Health) and MD (NHM) from the four States along with district surveillance officers, district collectors, commissioners of the municipal corporation, Chief Medical Officers, and Medical Superintendent of Medical Colleges participated in the meeting.

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