Diplomacy is at work: Khurshid on marines decision to return

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March 22, 2013
New Delhi, Mar 22: External Affairs Minister Salman Khurshid today said that diplomacy is at work resulting in Italy's decision to send back two marines charged in the fishermen killing case and parried questions on Italian media reports that Congress President Sonia Gandhi influenced that government's decision.

kurshidWelcoming Italy's decision to send back two marines, the minister said the decision has to be conveyed to the Supreme Court through proper procedure and he would apprise Parliament about it.

"I would like as I have said to share whatever developments have happened with Parliament but I can certainly say we have been in constant contact.

I have repeatedly said that you should not write off diplomacy to soon... So at last I can say that diplomacy continues to work when everybody else thinks that everything is lost and please give diplomacy a little more chance to do things that are important for our country," he said.

Khurshid also said that "Law remains as it is. Nothing changes as far as the law is concerned and my understanding can't change the law".

Italy last night said it will send back to India two marines to face trial for killing two fishermen after receiving an assurance from the Indian government about the protection of their fundamental rights.

Asked about reports in the Italian media that Gandhi influenced the decision on the marines, he said, "The diplomacy that we do under this government, diplomacy that we do for that matter for any policy implemented by this government is obviously given a direction, given an impetus by the Prime Minister and the Congress President.

"It is a government that is led by them and then for anyone else amongst us to take credit I think would be unbecoming. They lead it from the front. We don't share.

We cannot share with you everything that is said to us privately within the confines of government but the bottomline of what we are expected to I think becomes clear in the public sphere," he said.

On what would be the BJP's reaction to the decision of the marines to return, Khurshid said, "I don't know whether it is an issue or not an issue but I hope they take it in the right context.

I hope that if something has been in the national interest and that bolsters the national interest, it should be welcomed by everybody".

On apprising the Supreme Court about the matter, he said, "No I don't think that the information to the apex court can be given in this manner and the matter is listed on April 2.

"So, they (parties concerned) will have to decide and if they want any modification of the order that was made, there are procedures. The lawyers will be able to follow so that will come in due course. Today is Friday and as you know that the court will not be sitting on Saturday and Sunday.

"So on Monday, if felt appropriate by any party, they can bring it to the notice of the court and it has to be done properly.

"As far as we are concerned, we will take Parliament on board. We will share it with Parliament because this has been a huge issue while Parliament was in session," he said.

Italy's previous decision not to send marines - Massimiliano Lattore and Salvatore Girone - to face trial triggered a diplomatic standoff, with the Indian Supreme Court barring the Italian ambassador from leaving the country.

Prime Minister Manmohan Singh last week termed as "unacceptable" Italy's refusal to send its two marines back to India and said the issue will be taken up with that country.

"In light of the assurances received, the Government has considered the opportunity, in the interests of Fusiliers Marina, to maintain the commitment made at the permission to participate in the vote back in India by March 22," the Italian government had said in a statement.

"The marines agreed to this decision," it added.

Marines coming back to face trial in India
marines

Rome, Mar 22: The Italian government has said it will return to India two marines facing murder charges in the shooting deaths of two fishermen off the Kerala coast.

The announcement on Thursday reversed an earlier decision by the Foreign Ministry that the duo would not return on Friday (March 22), as agreed, after they were granted permission to return home to vote in the Italian elections.

The case escalated tensions between India and Italy. The Indian Supreme Court announced that the Italian Ambassador could not leave the country.

Special Correspondent reports:

According to Italian news agency ANSA, which quoted Italy’s deputy foreign minister Steffan de Mistura, the breakthrough came after the Indian government assured the Italian authorities there would be no death penalty against the two marines.

The Italian government also obtained a written assurance from the government that the fundamental rights of the two marines would be protected.

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News Network
July 25,2020

New Delhi, Jul 25: India reported a spike of 48,916 coronavirus cases on Saturday, according to the Union Ministry of Health and Family Welfare.

The total COVID-19 positive cases stand at 13,36,861 including 4,56,071 active cases, 8,49,431 cured/discharged/migrated. With 757 deaths in the last 24 hours, the cumulative toll reached 31,358.

Maharashtra has reported 3,57,117 coronavirus cases, the highest among states and Union Territories in the country.

A total of 1,99,749 cases have been reported from Tamil Nadu till now, while Delhi has recorded a total of 1,28,389 coronavirus cases.

According to the Indian Council of Medical Research (ICMR), 4,20,898 samples were tested for coronavirus on Friday and overall 1,58,49,068 samples have been tested so far.

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Agencies
June 22,2020

Mumbai, Jun 22: After downgrading India's outlook to negative from stable, Fitch Ratings on Monday revised the outlook on nine Indian banks to negative.

The outlook on the Long-Term Issuer Default Ratings (IDR) was revised to negative from stable due to the banks' high dependence on the Centre to re-capitalise them.

Accordingly, the IDR outlook of the Export-Import Bank of India, the State Bank of India, the Bank of Baroda, the Bank of Baroda (New Zealand), the Bank of India, the Canara Bank, the Punjab National Bank, ICICI Bank and Axis Bank Ltd have been downgraded to negative.

"At the same time, Fitch has affirmed IDBI Bank Limited's (IDBI) IDR while maintaining the outlook at negative," Fitch said in a statement.

The rating actions follow Fitch's revision of the outlook on the 'BBB-' rating on India to negative from stable on June 18, due to the impact of the escalating coronavirus pandemic on India's economy.

"The IDRs for all the above Indian banks are support-driven and anchored to their respective SRFs," the statement said.

"They are based on Fitch's assessment of high to moderate probability of extraordinary state support for these banks, which takes into account our assessment of the sovereign's ability and propensity to provide extraordinary support."

According to the statement, the negative outlook on India's sovereign rating reflects an increasing strain on the state's ability to provide extraordinary support, due to the sovereign's limited fiscal space and the significant deterioration in fiscal metrics due to challenges from the COVID-19 pandemic.

"The rating action does not affect the banks' Viability Rating (VR). EXIM does not have a VR as its role as a policy bank makes an assessment of its standalone credit profile less meaningful."

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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