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Supreme Court refuses to stay FDI policy in retail

[email protected] (TNN)
October 15, 2012

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New Delhi, October 15: The Supreme Court on Monday refused to stay the Centre’s decision to allow Foreign Direct Investment (FDI) in retail sector.

A bench of justices R M Lodha and A R Dave, however, said that the policy suffers from “curable” irregularity of want of legal sanction and asked the RBI to amend the Foreign Exchange Management Act (FEMA) regulations to allow implementation of the government’s policy.

The bench said the RBI should have amended the FEMA regulations before the implementation of FDI policy and asked the banking regulator to take steps to remove the lacunae in the way of giving a final shape to the policy.

The court observed that the regulations should have been amended before the Centre issued the notification, but clarified that the irregularity can now be cured with RBI amending FEMA regulation.

“At least it can be said that it is an irregularity that is curable and as soon as amendment is brought, it would be cured,” the bench said.

During the argument, the court said the policy cannot be stayed just because of this irregularity.

Attorney General G E Vahanvati submitted that he would talk to the RBI Governor to take immediate steps for bringing amendment in the FEMA regulations.

The bench after hearing his submission adjourned the matter for further hearing on November 5.

The court was hearing a PIL filed by lawyer M L Sharma, who has said that RBI’s nod was missing from the Centre’s policy allowing FDI in retail sector.

The apex court on October 5 had sought the assistance of top law officers in hearing the PIL filed by Mr Sharma against opening the multi-brand retail sector to the FDI saying there was a need for clarification since some link is missing pertaining to the RBI regulation on the issue.

Mr Sharma has said in his petition that that retail trading is strictly prohibited under the law of FEMA under which the power to come out with a circular is vested with the RBI which has not issued any regulation after 2008.

He has alleged in his PIL that the Centre’s notification was issued without the authority of law as approval of of neither the President nor the Parliament was secured.

The apex court had, however, rejected the allegation saying “this assumption that the policy has to be in the name of the President is flawed and unfounded.”

“The Constitution does not provide that the policy should be in the name of the President.”

It further said a policy is never required to be placed before Parliament.

The apex court had also said that correctness of the policy has to be challenged on the touch stone of the circular whether it is ultra vires of the law or not.

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Agencies
May 17,2020

Mumbai, May 17: Much on expected lines, Maharashtra, on Sunday, extended the coronavirus lockdown till May 31, in order to control the spread of the virus, under the Epidemic Diseases Act, 1897, the state government said in a statement.

On Sunday afternoon, Chief Secretary Ajoy Mehta, in a notification said: "It is further directed that all earlier orders shall be aligned with this order and remain in force up to and inclusive of May 31, 2020. The calibrated phase-wise relaxation or lifting of lockdown orders will be notified in due course."

"Lockdown 3.0 ends today. Lockdown 4.0 will come into effect tomorrow and will be valid till May 31. There will be some relaxations in the fourth phase," he said.

"The green and orange zones will get more relaxations, in terms of starting more services. As of now only essential services are operational, he said.

Maharashtra has recorded 30,706 COVID-19 cases of which 22,479 are active. The death toll is 1135, while 7,088 patients have been discharged after recovery.

In exercise of the powers conferred under Section 2 of the Epidemic Diseases Act, 1898 and the powers, conferred under the Disaster Management Act, 2005, the Chairperson, State Executive Committee, issued direction to extend the lockdown till 31 May 2020 for containment of COVID-19 epidemic in the State and all Departments of Government of Maharashtra shall strictly implement the guidelines issued earlier form time to time, according to the statement.

Over the last two days,  Maharashtra Chief Minister Uddhav Thackeray held a series of meetings with his ministerial colleagues, senior leaders including NCP supremo Sharad Pawar and top officials. 

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News Network
April 28,2020

Kochi, Apr 28: The Central government on Tuesday told Kerala High Court that the Kerala government will have to take up with other states the matter pertaining to bringing back COVID-19 affected Malayali nurses.

A Division Bench of Justice PV Asha and Justice V Shircy asked the Kerala government to examine if there is any solution that may be considered and orally noted the suggestion that perhaps a video-conference may be conducted between the states on the matter.

The matter was posted for further hearing on April 30.

Counsel for the Central government said that the "Centre has issued guidelines for the protection of health workers. But in this specific case, state governments have assured that nurses are being given proper treatment."
"The plea is on apprehensions that they are not being treated well in the other states.

Centre could help if there is any necessary requirement thereafter," the Centre's counsel said.

Advocate Abraham Vakkanal, appearing for the state government, said that state chief secretary has written to Union cabinet secretary to relax travel restrictions amid COVID-19 lockdown to bring back the nurses.

Vakkanal said that the state has sought permission and is waiting for approval and will take further actions if permission is received on the matter.

Advocate Anupama Subramaniam, appearing for the petitioner, said that 68 Malayali nurses in other states have reached out to inform that they are not being given treatment and that facilities for food and shelter are also not readily available for them.

Kerala High Court had earlier asked the Centre and the state government to file their reply on the plea.

The court was hearing a petition seeking to bring COVID-19 affected Malayali nurses back to Kerala from other States considering their "poor health and working conditions".

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Agencies
August 8,2020

Kozhikode, Aug 8: Kerala Chief Minister Pinarayi Vijayan on Saturday announced a compensation of Rs 10 lakh to the next of kin of each passenger who died when an Air India Express flight veered off the runway while attempting to land at the Karipur International Airport here on August 7.

He was briefing the media after visiting the crash site at the airport and the injured at the Kozhikode Medical College Hospital.

Offering his condolences, the Chief Minister said, "Apart from the solatium for the victims, the state government would bear the treatment expenses of all those injured in this unfortunate plane crash irrespective of the hospitals they are in. The Civil Aviation Ministry and other Central Government agencies are expected to announce compensation for the air passengers. 

If any further assistance is required, the State Government will take an appropriate decision at that time to support them to get back to a normal life."

"However, the immediate task now is to ensure the best possible treatment for the survivors of the accident. The District Authority is coordinating the treatment of those rescued who are now in 16 hospitals across Kozhikode and Malappuram Districts," added Vijayan.

Of the 190 people on board the ill-fated plane, there were 184 passengers and six crew members. Of the 18 dead so far, 14 are adults (seven males and females each) and four are children. Both the Pilot and the Co-Pilot are among those dead. At present, 149 passengers are hospitalised, of them 23 with serious injuries. Till now, 23 passengers have been discharged. There are few passengers from Tamil Nadu and Telangana also.

All the dead have been identified, eight from Kozhikode district, six from Malappuram district and two from Palakkad district. The post mortem process has been expedited despite the Covid threat and is expected to finish before evening. All the accident victims will be tested for Covid including those who died in the crash. So far, only one victim has tested positive for coronavirus, the Chief Minister said.

He also appreciated the instant response by the local public living in the vicinity of the airport and also the local authorities to this tragedy which ensured the minimum loss of lives in a disaster of such large magnitude as a plane crash. The rescue operations were finished in the shortest possible time yesterday.

"Even though 18 precious lives have been lost due to the impact of the crash, the rescue operations were a miraculous work. The general public and the officials played a big role in spearheading the rescue operations," he said.

Vijayan along with Governor Arif Mohammad Khan reached Kozhikode this morning.

Governor Arif Mohammad Khan expressed his condolences and sympathies to the families of the accident victims and his best wishes for the speedy recovery of those injured.

The Chief Minister was accompanied by the Niyamasabha Speaker, P. Sreeramakrishnan; Minister for Industry E.P Jayarajan, Minister for Health and Social Justice, K K Shailaja; Minister for Agriculture V.S Sunilkumar; Minister for Ports Ramachandran Kadannappalli; Minister for Transport AK Saseendran, Minister for Excise T.P Ramakrishnan, Chief Secretary, Dr Vishwas Mehta; and State Police Chief, Loknath Behra, DGP. 

The Minister for Local Self Governments, A C Moideen and the Minister for Higher Education and Welfare of Minorities, Dr K T Jaleel were already present in Kozhikode.

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