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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Agencies
July 21,2020

New Delhi, Jul 21: Air India trade unions have complained to Civil Aviation Minister Hardeep Puri that the government has now turned a blind eye to the management's ethnic cleansing at lower levels through compulsory leave without pay (LWP), redundancies and wage cuts.

In a letter to Puri, the Joint Action Forum of Air India unions said, "We are deeply ashamed to say that it seems that after praising our Air Indian Corona Warriors at grand functions, respectfully, the government has now turned a blind eye to this management's ethnic cleansing of Air Indians at the lower levels, through compulsory LWP, redundancies and wage cuts."

The Joint Action Forum of Air India unions strongly opposes this Compulsory Leave without pay scheme as it is an illegal practice and is not a voluntary scheme.

"In fact the Board resolution itself empowers the Chairman and Managing Director with extraordinary powers, which seem akin to a High Court, to pack off employees on 2 years leave (extended to 5 years) at CMD's discretion or at the arbitrary whim of the Regional heads," the trade unions said.

"This said Compulsory LWP scheme violates every labour law put in place by Parliament and orders of the Supreme Court and various other courts and seeks to dispossess the lower categories workers of their legally guaranteed rights," it added.

The trade unions have pointed out that the redundancies are at the elite management cadre level and not the workers.

"We are indeed shocked that the management of Air India could prepare and formulate a scheme for compulsorily sending workers on leave without pay, which is akin to an illegal lay-off, under the garb of a Leave Without Pay, when ironically the redundancy actually lies in the upper echelons of management and not with the humble workers of Air India, who have slogged to make our Airline the treasure it is," they complained to Puri.

"It must be noted that out of 11,000 permanent employees, our management occupies almost 25% as Executive Cadre, with little or no accountability. Solely amongst the Elite Management Cadre, we have 121 top officers ranking from DGMS, GMs, EDs to Functional Directors, most of whom are either performing duplicate job functions or are indeed redundant and not to mention the retired relics serving as consultants and also the CEOs of various subsidiary companies," they added.

Trade unions said the redundancy or compulsory leave without pay scheme if any at all, has to apply only to these Executives, more so, when they do not even have protection of labour laws or Supreme Court orders.

Strangely, the topmost corporate executive cadre and the backroom Generals, have saved themselves from the axe of wage cuts, by sacrificing a piffling of a few grand, whilst the frontline warriors of flying cabin crew, engineers, ground staff have borne the biggest brunt head on, the unions said.

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Agencies
August 7,2020

New Delhi, Aug 7: India's COVID-19 cases tally crossed 20 lakh mark with the highest single-day spike of 62,538 cases on Friday, said Union Ministry of Health and Family Welfare.

The COVID-19 tally rises to 20,27,075 including 6,07,384 active cases, 13,78,106 cured/discharged/migrated and 41,585 deaths, according to the Ministry of Health.

Maharashtra with 1,46,268 active cases and 3,05,521 cured and discharged patients continues to be the worst affected. The state has also reported 16,476 deaths due to the infection.

Tamil Nadu has 54,184 active cases while 2,14,815 patients have been discharged after treatment in the state. 4,461 deaths have been reported due to COVID-19 in the state.

Andhra Pradesh with 80,426 active cases is the third on the list. There are 1,04,354 cured and discharged patients and 1,681 deaths reported from the state.

Delhi now has 10,072 active cases and 1,26,116 cured and discharged patients. 4,044 people have lost their lives due to the disease in the Union Territory so far. 

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News Network
March 4,2020

New Delhi, Mar 4: The Supreme Court on Wednesday revoked the ban of cryptocurrency imposed by the Reserve Bank of India (RBI) in 2018.

Pronouncing the verdict, the three-judge bench of the apex court said the ban was 'disproportionate'.

The bench included Justice Rohinton Fali Nariman, Justice S Ravindra Bhat and Justice V Ramasubramanian.

The Internet and Mobile Association of India (IAMAI), whose members include cryptocurrency exchanges, and others had approached the top court objecting to a 2018 RBI circular directing regulated entities to not deal with cryptocurrencies.

Advocate Ashim Sood, appearing for IAMI, submitted that Reserve Bank of India lacked jurisdiction to forbid dealings in cryptocurrencies. The blanket ban was based on an erroneous understanding that it was impossible to regulate cryptocurrencies, Sood submitted.

The petitioners had argued that the RBI's circular taking cryptocurrencies out of the banking channels would deplete the ability of law enforcement agencies to regulate illegal activities in the industry.

IAMAI had claimed the move of RBI had effectively banned legitimate business activity via the virtual currencies (VCs).

The RBI on April 6, 2018, had issued the circular that barred RBI-regulated entities from "providing any service in relation to virtual currencies, including those of transfer or receipt of money in accounts relating to the purchase or sale of virtual currencies".

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