Loan defaulters have no right to have lawyer in 'in-house' proceedings of banks: SC

Agencies
May 12, 2019

New Delhi, May 12: The Supreme Court has held that a person has no "right" to be represented by a lawyer in "in-house" proceedings initiated by banks or financial institutions to declare him willful defaulters for non-payment of dues.

A bench comprising Justices R F Nariman and Vineet Saran was dealing with the question whether a person is entitled to be represented by a lawyer of his choice in the process undertaken by banks to declare him a "wilful defaulter" under a circular issued by the Reserve Bank of India (RBI).

"We are of the view that there is no right to be represented by a lawyer in the in-house proceedings contained in...the Revised Circular dated July 01, 2015, as it is clear that the events of wilful default as mentioned...would only relate to the individual facts of each case.

"What has typically to be discovered is whether a unit has defaulted in making its payment obligations even when it has the capacity to honour the said obligations; or that it has borrowed funds which are diverted for other purposes, or siphoned off funds so that the funds have not been utilised for the specific purpose for which the finance was made available," the top court said in its verdict delivered on last Wednesday.

It said that the question whether a default was "intentional, deliberate, and calculated" was the question of fact which can be dealt by the borrower or the lender and the assistance of lawyer was not needed.

The apex court allowed the appeal of State Bank of India against the Delhi High Court order which had held that the firm, Jah Developers Pvt. Ltd., can be represented by lawyers in the in-house proceeding of the lending bank to declare it a willful defaulter.

Setting aside the high court order, the apex court ordered that the bank must give to the borrower the copy of the order of the first in-house committee which conducted the proceedings to declare the firm a willful defaulter.

"The borrower can then represent against such order within a period of 15 days to the Review Committee...The Review Committee must then pass a reasoned order on such representation which must then be served on the borrower, the apex court said.

The lending bank had contended that the defaulting borrower does not need the assistance of lawyers in the proceedings as no complex legal questions are decided in declaring a person a willful defaulter.

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News Network
June 22,2020

New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.

Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.

During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.

Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.

Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.

The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.

The police has also filed a status report in response to the bail plea.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.

The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.

Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.

"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.

Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.

He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.

The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.

 The trial court, in its order, had said “when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”

It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.

The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.

The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.

It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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Agencies
May 21,2020

Eminent river engineer and former professor of civil engineering at IIT in the Banaras Hindu University (BHU) Prof. U.K. Choudhary has said that the judicious use of river technology can help resolve the Coronavirus crisis as well as the plight of Ganga river.

Choudhary, who is also founder of Ganga Research Centre at IIT (BHU), said: "The Ganga water contains a significantly higher proportion of bacteriophages - a kind of virus that kill bacteria. Our ancient scriptures like Vedas, Puranas and Upanishads say that Ganga jal is medicinal water. Scientists later found that Ganga water has bacteriophages capable of killing pathogens."

Explaining further, he said, "Let us analyze the source of bacteriophages. If we take three rivers of Himalayan origin having sources at different heights -the Ganga (Gomukh), Yamuna (Yamunotri) and the Sone river, we find the colours of waters are different. The whitish colour of Ganga water, greenish colour of Yamuna water and the brownish colour of Sone water is also indicative. As Gomukh is the highest among the three, its water comes from lowest depth of aquifer as compared to Yamunotri and Sone river," he explained.

Thus, the quality of river water is proportional to height of origin point. This defines the genetic character of Ganga water. The balanced flow of this water in entire length of the Ganga defines the medicinal property of Ganga water," he stated.

Prof Chaudhary said that the bacteriophages in the Ganga can curb the spread of coronavirus through soil, water and air.
He suggested that the idea is to preserve the medicinal value of Ganga water and to use it to fight Corona. He said that this can be done by opening the gates of all the dams and barrages in a way that the discharge through each is similar to the water at Gomukh. In this way, the concentration of bacteriophage will be enhanced in Ganga water making it more effective against pathogens.

"With increasing diffusion of bacteriophages in water and soil, the spread of Coronavirus will be impacted and reduced. This methodology and technique can also help maintain the quality of Ganga water later when the problem of Corona ends," he said.

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coastaldigest.com web desk
August 1,2020

New Delhi, July 1: In a terrific incident with chilling echoes of the 2015 Dadri mob lynching, a Muslim man, who was carrying meat, was savagely attacked by a mob belonging to a saffron outfit in the presence of in BJP ruled Haryana on the eve of Eid al-Adha. 

The incident occurred at around 9 a.m. on Friday, July 31 at Badshahpur village in Haryana’s Gurgaon, when Lukman was transporting meat in a pic-kup truck. 

The attack was captured on mobile phones by onlookers and the video clips of the incident are now spreading on social media. 

A group of saffronite cow vigilantes chased the truck for about 8 km managed waylay it. Lukman, who was driving the truck was pulled out and brutally assaulted on the suspicion that he was transporting cow meat.

Just like Dadri, the police were faster at sending the meat to a lab for testing than catching any one of the suspects. One of the assailants - Pradeep Yadav- has been arrested. 

After being beating to an inch of his life, Lukman was bundled into the pick-up truck and taken back to Gurgaon's Badshahpur village where the goons started thrashing him again.

This is when the police stepped in and stopped them - only to find the assailants fearless enough to even take on them.

Lukman was taken to a hospital and the police filed a case against "unidentified individuals" even though the video of the incident recorded by witnesses shows the faces of the assailants.

The owner of the vehicles said that the meat was buffalo and he has been in the business for 50 years.

The police have so far refused to give a statement on record on the incident and explain their inaction as seen on video.

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