SC slaps Rs 5 lakh fine on ex-SP MLA, dismisses plea against Rahul

October 18, 2012

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New Delhi, October 18: The Supreme Court today slapped a Rs.5 lakh fine on an ex-SP MLA while dismissing as without substance his petition against Rahul Gandhi in which he had alleged that the Congress leader had confined a girl in Uttar Pradesh.

"The allegation is without substance and without an iota of evidence," a bench of justices B S Chauhan and Swatanter Kumar said.


"The reputation of respondent no 6 (Rahul Gandhi) has been damaged by the undesirable act of the petitioner (ex-Samajwadi Party MLA Kishore Samrite)," the bench said.


The apex court further said the petition filed against Gandhi was "misconceived" and that Samrite abused the process of law on the basis of incorrect statement.


The bench passed the order on an appeal filed by Samrite challenging an order of the Allahabad High Court which had dismissed his plea against Gandhi and imposed a cost of Rs 50 lakh on him for filing a frivolous petition. The high court had also directed a CBI probe against the ex-SP MLA from Madhya Pradesh.


Samrite had then approached the apex court against the high court's order.


Rejecting his plea, the Supreme Court said, "the petition filed by him was not bonafide" and there was no case of illegal confinement as the girl, who was allegedly kidnapped, had made no complaint.


The bench, however, said that the cost imposed by the high court was exorbitant and reduced it.


It said that the CBI will continue with its probe against Samrite and other persons who are involved in filing of the frivolous petition and asked it to submit a report within six months.


The apex court on October 1 had reserved its order on the plea challenging the March 7, 2011 order of the Allahabad High Court.


Samrite, who is facing a CBI probe for dragging Gandhi's name in the case, had submitted in his plea that the High Court had wrongly dismissed his petition by imposing exemplary costs of Rs 50 lakh.


He had insisted that his petition was maintainable and that the Division Bench of the High Court exceeded its jurisdiction by transferring the matter from a single bench to itself.

He had submitted before the apex court that the High Court had erroneously tagged his petition with another and had deprived him of his right to be heard.

He had said the two petitions were different in nature and the names of persons in illegal confinement mentioned in them were different.

He had said the three persons, i.e, the girl and her parents produced before the High Court, were different from those mentioned in his petition.

The CBI had told the apex court that its probe has found that the case against Gandhi was based on "non-existent" claims.
Gandhi's counsel had argued that Samrite's petition was politically motivated to tarnish the image of the young politician.
He had also raised objections to the averments made by Samrite in his affidavit, saying nobody can accuse the judges of being biased.

Samrite had said that the CBI did not follow the proper procedure in probing the case and had registered the regular case without making a preliminary inquiry.

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News Network
May 7,2020

May 7: Accusing the BJP government in Karnataka of "medieval barbarism" and treating migrants as worse than "bonded labourers", CPI(M) general secretary Sitaram Yechury on Wednesday hit out at the state's decision to stop workers from returning to their homes in different parts of the country citing requirements of the construction sector.

The Karnataka government has withdrawn its request to the railways to run special trains to ferry migrant labourers to their home states, hours after builders met Chief Minister B S Yediyurappa to apprise him of the problems the construction sector will face in case they left.

"This is worse than treating them as bonded labour. Does the Indian constitution exist? Are there any laws in the country? This BJP state government is throwing us back to medieval barbarism. This will be stoutly resisted,” Yechury said in a tweet.

The railways is running Shramik Special trains to ferry to their home towns migrants who were stranded at their places of work during the lockdown.

So far, it has run more than 115 such trains.

The Principal Secretary in the Revenue Department N Manjunatha Prasad, who is the nodal officer for migrants, had requested the South Western Railways on Tuesday to run two train services a day for five days except Wednesday, while the state government wanted services thrice a day to Danapur in Bihar. However, later, Prasad wrote another letter within a few hours that the special trains were not required. Several migrants in the city were desperate to return home as they were out of jobs and money.

Yechury also lashed out at the central government over reports that it owed states and industry Rs 3 trillion and accused the centre of shifting the burden of fighting the pandemic to the state governments.

“While shifting the entire burden of fighting the pandemic on to the State governments, Modi government is not even paying their legitimate dues. After November 2019, Centre has not paid the GST compensation dues for the rest of the financial year, i.e., March 2020.

“Modi government has the right to loot while crores of people & States are left with nothing but the right to starve?,” he tweeted.

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News Network
May 29,2020

May 29: Over 45,000 stranded Indians were brought back home from abroad under the Vande Bharat mission and another 1,00,000 will be evacuated till June 13, the Ministry of External Affairs said on Thursday.

The mega evacuation mission was launched on May 7.

MEA Spokesperson Anurag Srivastava said the government is also assisting return of stranded Indians from remote locations in Latin America and Caribbean, Africa, and parts of Europe.

"This is being done by taking advantage of foreign carriers flying to India primarily for evacuation of their nationals," he said during an online media briefing.

He said a total of 45,216 Indians were brought back till Thursday afternoon and they include 8,069 migrant workers, 7,656 students and 5,107 professionals.

About 5,000 Indians have returned through land border from Nepal and Bangladesh.

In the first phase of the mission from May 7 to 15, the government evacuated around 15,000 people from 12 countries. The second phase of the evacuation mission was scheduled from May 17 to 22. However, the government has extended it till June 13.

Srivastava said a total of 3,08,200 people have registered their request with Indian missions abroad for repatriation to India on compelling grounds.

"During the phase two, a total of 429 Air India flights (311 international flights + 118 feeder flights) from 60 countries are scheduled to land in India. The Indian Navy will be making four more sorties to bring back returnees from Iran, Sri Lanka and the Maldives," Srivastava said.

The MEA spokesperson said the government is targeting to bring back 1,00,000 people from 60 countries by the end of phase two of the Vande Bharat mission.

"Preparations for third phase of Vande Bharat Mission are well underway," he said.

As per the government's policy for evacuation, Indians having "compelling reasons" to return like pregnant women, elderly people, students and those facing the prospect of deportation are being brought back home.

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News Network
May 4,2020

Munbai/New Delhi, May 4: India expects bad debts at its banks could double after the coronavirus crisis brought the economy to a sudden halt, a senior government official and four top bankers said.

Indian banks are already grappling with 9.35 trillion rupees ($123 billion) of soured loans, which was equivalent to about 9.1% of their total assets at the end of September 2019.

"There is a considered view in the government that bank non-performing assets (NPAs) could double to 18-20% by the end of the fiscal year, as 20-25% of outstanding loans face a risk of default," the official with direct knowledge of the matter said.

A fresh surge in bad debt could hit credit growth and delay India's recovery from the coronavirus pandemic.

"These are unprecedented times and the way it's going we can expect banks to report double the amount of NPAs from what we've seen in earlier quarters," the finance head of a top public sector bank told Reuters.

The official and bankers declined to be named as they were not officially authorized to discuss the matter with media.

India's finance ministry declined to comment, while the Reserve Bank of India and Indian Banks' Association, the main industry body, did not immediately respond to emails seeking comment.

The Indian economy has ground to a standstill amid a 40-day nationwide lockdown to rein in the spread of coronavirus cases.

The lockdown has now been extended by a further two weeks, but the government has begun to ease some restrictions in districts that are relatively unscathed by the virus.

India has so far recorded nearly 40,000 cases of the coronavirus and more than 1,300 deaths from COVID-19, the respiratory disease caused by the coronavirus.

'RIDING THE TIGER'

Bankers fear it is unlikely that the economy will fully open up before June or July, and loans, especially those to small- and medium-sized businesses which constitute nearly 20% of overall credit, may be among the worst affected.

This is because all 10 of India's largest cities fall in high-risk red zones, where restrictions will remain stringent.

A report by Axis Bank said that these red zones, which contribute significantly to India's economy, account for roughly 83% of the overall loans made by its banks as of December.

One of the sources, an executive director of a public sector bank, said that economic growth had been sluggish and risks had been heightened, even ahead of the coronavirus crisis.

"Now we have this Black Swan event which means without any meaningful government stimulus, the economy will be in tatters for several more quarters," he said.

McKinsey & Co last month forecast India's economy could contract by around 20% in the three months through June, if the lockdown was extended to mid-May, and growth in the fiscal year was likely to fall 2% to 3%.

Bankers say the only way to stem the steep rise in bad loans is if the RBI significantly relaxes bad asset recognition rules.

Banks have asked the central bank to allow all loans to be categorized as NPAs only after 180 days, which is double the current 90-day window.

"The lockdown is like riding the tiger, once we get off it we'll be in a difficult position," a senior private sector banker said.

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