Vijay Mallya case documents mysteriously go missing in SC; next hearing Aug 20

News Network
August 6, 2020

New Delhi Aug 6: In a new twist in the Vijay Mallya case, a certain document connected with the case in the Supreme Court has gone missing from the apex court files. 

A bench comprising Justices U.U. Lalit and Ashok Bhushan adjourned the hearing to August 20.

It was hearing the review plea filed by Mallya against a July 14, 2017 judgment wherein he was found guilty of contempt for not paying Rs 9,000 crore dues to banks despite repeated directions, although he had transferred $40 million to his children.

The bench was looking for a reply on an intervention application, which it seemed has gone missing from the case papers.Parties involved in the case sought more time to file fresh copies.

On June 19, the Supreme Court sought explanation from its registry regarding Mallya's appeal against the May 2017 conviction in the contempt case for not repaying Rs 9,000 crore dues to banks not listed for the last 3 years.

A bench comprising Justices Lalit and Bhushan had asked the Registry to furnish all the details including names of the officials who had dealt with the file concerning the Review Petition for last three years.

The bench said according to the record, placed before it, the review petition was not listed before the court for last three years. "Before we deal with the submissions raised in the Review Petition, we direct the Registry to explain why the Review Petition was not listed before the concerned Court for last three years," said the bench.In May 2017, the apex court held him guilty of contempt of court for transferring $40 million to his children, and ordered him to appear on July 10 to argue on the quantum of punishment.

The bench said let the explanation be furnished within two weeks. "The Review Petition shall, thereafter, be considered on merits," it added.In 2017, the apex court passed the order on a contempt petition against Mallya by a consortium of banks led by the SBI. 

The banks claimed Mallya transferred $40 million from Daigeo to his children's accounts, and did not use this money to clear his debt. Banks cited this as violation of judicial orders.

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News Network
June 29,2020

New Delhi, Jun 29: Delhi Chief Minister Arvind Kejriwal on Monday paid tribute to the senior doctor of city government-run LNJP Hospital who died battling COVID-19, saying the society has "lost a very valuable fighter".

The 52-year-old doctor served in the front line of the war against the pandemic at the government facility, and died of novel coronavirus infection in an ICU of a private hospital on Sunday.

"Dr Aseem Gupta, a senior doctor of LNJP Hospital succumbed to Covid yday. He was known for going out of his way to serve his patients. We have lost a very valuable fighter. Delhi salutes his spirit and sacrifice...," Kejriwal tweeted.

The chief minister also said in his tweet that he has spoken to Dr Gupta''s wife and "offered my condolences and support".

LNJP Hospital is a dedicated COVID-19 facility under the Delhi government. It recently completed 100 days of being declared a coronavirus facility.

"LNJP Hospital has displayed great fortitude in the face of acute challenges. It''s recovery rate is going up, death rate is reducing, ICU capacity is being ramped up - the hospital is saving so many lives," the chief minister said.

A condolence meeting to pay respect to Dr Gupta has been scheduled at 1 pm in the office of the Medical Director of the hospital, a senior official said.

The doctor, a consultant anaesthesiologist died at the Max hospital, Saket in south Delhi, a private dedicated COVID-19 facility.

"He was a front line anaesthesia specialist who contracted COVID-19 infection while on duty. He tested positive on June 6, when he had mild symptoms and was shifted to a quarantine facility. His symptoms aggravated on June 7 and he was admitted in the Intensive Care Unit of the LNJP Hospital," the LNJP Hospital said in a statement on Sunday.

He was shifted to Max Hospital, Saket on June 8 on his request, it said.

The doctor was battling the disease for the last two weeks at Max Hospital, where he succumbed to the illness on Sunday, the statement said.

He was Specialist, Grade I, in the Department of Anaesthesia at the LNJP Hospital, the statement said.

Several hundreds of healthcare workers have been infected with COVID-19 till date in Delhi.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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News Network
April 14,2020

Thiruvananthapuram, Apr 14: Only three fresh COVID-19 cases were reported in Kerala on April 13, while 19 confirmed patients, who were undergoing treatment, tested negative for the infection, according to the COVID-19 Outbreak Control and Prevention State Cell, Health and Family Welfare Department, Kerala government.

As of Monday evening, there are just 178 positive COVID-19 cases in the State.

Twelve patients from Kasargod district, three each from Pathanamthitta and Thrissur districts, and one from Kannur district are among those who have recovered from COVID-19 and tested negative.

To date, there have been a total of 378 confirmed cases of coronavirus in Kerala.
Meanwhile, Kerala Chief Minister Pinarayi Vijayan has demanded that State Relief Funds be made eligible for Corporate Social Responsibility (CSR) funding by making changes to the Companies Act.

Addressing the media, the Chief Minister said, "The Government of Kerala is of the opinion that contributions to the Chief Minister's Disaster Relief Funds should be included as an eligible expenditure under CSR. In a federal setup, the Relief Funds set up by the States for a public purpose cannot be excluded from the eligibility criteria when the same is available for a Central Fund set up with similar objectives and aims."

The Kerala CM said that he has written to the Prime Minister in this regard urging him to make the necessary changes.

Vijayan once again reiterated the demand of the State government to bring back stranded Keralites from overseas and added that, "We will extend all possible help and support to the Pravasi Malayalees when they come back also including rehabilitation of those who would lose their jobs in the backdrop of the pandemic outbreak."

He added that a decision on extending the lockdown in the State will be taken after taking into account the decision of the Central government in the address by the Prime Minister scheduled for April 14.

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AJS
 - 
Tuesday, 14 Apr 2020

HATS-OFF TO BOLD CHIEF MINISTER OF KERALA MR. VIJAYAN... BAHUBALI

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