Fiat to Army: decide on trial or court-martial

May 2, 2012
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New Delhi, May 2: The Supreme Court on Tuesday directed the Army to decide whether its personnel involved in fake encounter killings in Pathribal in Jammu and Kashmir and Assam should be court-martialled or tried in regular criminal courts.

If Army authorities were not keen on court-martial proceedings, the Central Bureau of Investigation could seek sanction from the Centre for prosecution of the erring officers, said a Bench of Justices B.S. Chauhan and Swatanter Kumar.

The case of killing of five civilians in the March 2000 Pathribal encounter has been pending in a Srinagar trial court with both the Army authorities and the officers challenging the Magistrate's order which asked the Army to explain, under Section 125 of the Army Act, whether it would try its men or wanted the civilian court to do the job. As the Jammu and Kashmir High Court ruled against them, the Army personnel appealed to the Supreme Court.

The CBI maintained that no sanction was necessary to prosecute the erring officers under the Armed Forces (Special Powers) Act (AFSPA) as the cold-blooded murders could not be said to fall within the ambit of their official duties.

In Assam, the CBI completed the investigation and filed charge sheet against seven Army personnel in the Court of Special Judicial Magistrate, Kamrup, under Section 302/201 read with Section 109 of the Indian Penal Code, for killing five civilians in a fake encounter. In this case, the Centre maintained that sanction from the competent authority was required for the prosecution of Army personnel.

Writing the judgment, Justice Chauhan said: “The competent Army Authority has to exercise his discretion as to whether the trial would be by a court-martial or a criminal court after the filing of the charge sheet and not after cognisance of the offence is taken by the court. A conjoint reading of the relevant statutory provisions and rules makes it clear that the term ‘institution' contained in Section 7 of the Act 1990 means taking cognisance of the offence and not mere presentation of the charge sheet by the investigating agency.”

Rejecting the Centre's stand that the Army personnel facing the CBI charge sheet could not be tried as they were discharging their official duty, the Bench said: “Facts of this case require sanction of the Central government to proceed with the criminal prosecution/trial. In case option is made to try the accused by a court-martial, sanction of the Central government is not required.”

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News Network
June 24,2020

Thiruvananthapuram, Jun 24: Kerala on Tuesday was among those honoured for tackling the Covid-19 pandemic when the United Nations celebrated the Public Service Day.

The function, held on a virtual platform, saw the participation of UN Secretary General Antonio Guterres and other top UN dignitaries who applauded all the leaders which included state Health Minister K.K. Shailaja for effectively tackling Covid-19.

Speaking on the occasion, Shailaja noted that the experiences of tackling Nipah virus and the two floods - 2018 and 2019 - where the health sector played a crucial role, all helped in tackling Covid-19 timely.

"Right from the time when Covid cases got reported in Wuhan, Kerala got into the track of the WHO and followed every standard operating protocols and international norms and hence, we have been able to keep the contact spread rate to below 12.5 per cent and the mortality rate to 0.6 per cent," she said.

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News Network
March 27,2020

Mumbai, Mar 27: Reserve Bank of India (RBI) Governor Shaktikanta Das on Friday said that Monetary Policy Committee (MPC) has taken note of the global economic activity coming to a near standstill due to the coronavirus pandemic and added that large parts of the world could slip into recession in the coming days to the coronavirus crisis.
"The MPC noted that global economic activity has come to a near stand-still as COVID-19 related lockdowns and social distancing are imposed across a widening swath of affected countries. Expectations of a shallow recovery in 2020, from 2019's decade low in global growth, have been dashed," Das said.
"The outlook is now heavily contingent upon the intensity, spread and duration of the pandemic. There is a rising probability that large parts of the world will slip into recession," he added.
The RBI Governor further added that "the implied GDP growth of 4.7 per cent in Quarter 4 of 2019-20, in the second advance estimates of the National Statistics Office which was released in February 2020, within the annual estimate of 5 per cent for the year as a whole is now at risk."
As per the outlook for the year 2020-21, Das said, "Apart from continuing resilience of agriculture and allied activities most other sectors of the economy will be adversely impacted by the pandemic depending upon, its intensity, spread and duration."
Das also announced a reduction in the repo and reverse repo rates for banks.
"The repo rate has been reduced by 75 basis points to 4.4 per cent. The reserve repo rate has been reduced by 90 basis points to 4 per cent," Das said addressing the media.
The decision for "a sizeable reduction" in the policy repo rate, according to the RBI Governor was taken to "revive growth and mitigate the impact of COVID-19 and ensure financial stability." 

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News Network
April 9,2020

Thiruvananthapuram, Apr 9: Kerala, which was among the first state in the country to report a Corona positive case, has turned its entire public healthcare system into a single interconnected grid to generate uninterrupted information and provide flawless services, thanks to the daily zoom or video conferences of top health authorities for chalking out a dynamic strategy to tackle the COVID-19 pandemic.

The daily zoom or remote conferences held by Health Minister K K Shailaja and top health sector officials with the medical and paramedical personnel on the ground have lent a cutting edge to the state government’s all out efforts in monitoring the situation on the ground and formulating effective responses to address the various needs and concerns of the people, an official release said on Thursday.

The Minister is joined in this meticulous exercise by top administrators and planners, including Dr Rajan N Khobragade, Principal Secretary, Health; Dr. Rathan U Kelker, State Mission Director, National Health Mission, Dr Saritha, Director of Health Services, Dr Ramla Beevi, Director of Medical Education and other senior officials.

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