Katju to spearhead 'Court of Last Resort'

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April 4, 2013
katjuMumbai, April 4: After seeking pardon for actor Sanjay Dutt and Zaibunissa Kazi, found guilty in the 1993 Mumbai serial blasts case, retired Supreme Court judge Markandey Katju is set to launch an NGO to offer justice to poor and helpless people.

The NGO, "The Court of Last Resort" will be headquartered in New Delhi, and have branches in the states. It will be inaugurated formally April 15, at a function in the capital at Katju's home.

"It has been felt for quite some time that injustice is being done to a large number of people who have been languishing in jail either as undertrials whose cases have not been heard for several years, or who have unjustly remained incarcerated because the police have fabricated evidence against them, or for want of proper legal assistance or who have had to spend many years in jail and (were) ultimately  found innocent by the court," Justice Katju explained, on his blog.

The NGO will use Right to Information (RTI) and other means to obtain details of undertrials and convicts incarcerated in jails. Depending on the legal resources necessary, the NGO would then intervene and seek bail for those languishing wrongly in jails, or facing delayed trial.

In cases deserving of pardon, the NGO will seek suspension or reduction of sentences for the concerned undertrials by knocking on the doors of the president or respective state governors.

During his visit to Mumbai two days ago, Justice Katju held meetings with top criminal lawyer Majeed Memon, activist-filmmaker Mahesh Bhatt, and social crusaders to give shape to the NGO, based on Erle Stanley Gardner's famous "The Court of Last Resort", a popular TV series of the 1950s in the US that dealt with cases of miscarriages of justice of helpless undertrials in US prisons in the 1940s.

Lawyer Memon, who has fought several cases of accused in the 1993 blasts and other similar cases, said that Katju would be the chief patron and noted counsel Fali S. Nariman would be chairman of the NGO.

The two vice-presidents will be Memon and Bhatt.

In his blog on the issue, Katju recalled the case of a 17-year-old Ami who spent 14 years in jail before being declared innocent and released at age 31.

"Many such persons in jail belong to minorities who have been accused only on suspicion and on pre-conceived notions that all persons of that community are terrorists," Katju said, adding that under pressure to solve cases, the police often fabricated evidence against Muslim youths in terror cases.

"All this is triggering new cycles of hate and revenge. Despair turns citizens into perpetrators (of crime), from the hunted to the hunter. Young men who have spent long years in jail cannot find jobs or houses to rent even when acquitted, their families are ostracized, and sisters find themselves unmarriageable because their brothers have been branded as terrorists," he said.

"Unless this cycle of hate is now reversed, we are heading for terrible times, for injustice breeds hatred and violence," Katju  noted.

"The result of all this is that in our country gross injustice is often done, particularly to minorities, and the time has now come when this great wrong must be set right. Our country is a country of great diversity and therefore no community must be made to feel that it is being selectively victimised," Katju said on his blog.

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Agencies
March 15,2020

Ahmedabad, Mar 15: Four Congress MLAs in Gujarat have tendered their resignation to Assembly Speaker Rajendra Trivedi ahead of the election to the four Rajya Sabha seats in the state to be held on March 26.

The four Congress legislators tendered their resignation on Saturday, which Trivedi has accepted.

Trivedi told this to PTI on Sunday.

He said he will announce the names of the legislators in the Legislative Assembly on Monday.

"Four Congress MLAs tendered their resignation to me on Saturday, and I will announce their names in the Assembly tomorrow," he said.

With this, the strength of the Congress party in the 182-member Gujarat Assembly has come down to 69 from 73.

The Congress had on Saturday shifted its 14 MLAs to Jaipur fearing horse-trading by the ruling BJP ahead of the Rajya Sabha polls.

The BJP has fielded Abhay Bhardwaj, Ramila Bara and Narhari Amin for the election.

Given its number in the Assembly, the ruling party can only win two seats unless it manages cross-voting from the opposition camp or ensures defection of Congress MLAs to win the third seat.

The Congress has fielded senior leaders Shaktisinh Gohil and Bharatsinh Solanki.

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News Network
May 3,2020

New Delhi, May 3: Union Health and Family Welfare Minister Dr Harsh Vardhan on Sunday said that India's COVID-19 mortality rate of 3.2 per cent is the lowest in the world and over 10,000 coronavirus patients have been discharged from hospitals after recovering from the disease so far.

"Today more than 10,000 COVID-19 patients have been discharged. Those still admitted at hospitals are on the road to recovery. If in last 14 days doubling rate was 10.5 days, then today it is around 12 days," the Minister told ANI after visiting Lady Hardinge Hospital.

"Our mortality rate of 3.2 per cent is the lowest in the world," he said.

With 2,644 more COVID-19 cases and 83 deaths in the last 24 hours, the number of people infected from coronavirus in the country has reached 39,980 including 1,301 deaths, said the Union Ministry of Health and Family Welfare on Sunday.

Currently, there are 28,046 active cases while 10,633 COVID-19 positive patients have been cured/discharged.

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News Network
March 6,2020

New Delhi, Mar 6: Shares of YES Bank and State Bank of India came under huge selling pressure on Friday as developments unfolded regarding SBI picking stake in the private lender. Shares of the lender hit record low of Rs 5.55, plunging 85 per cent, and were trading below its previous low of Rs 8.16 hit on March 9, 2009.

SBI, on the other hand, slumped 11 per cent to Rs 257.35 on the BSE. The benchmark S&P BSE Sensex was trading with a cut of over 3 per cent at 37,251.37 level.

In the past three months, share price of the private lender has plunged 41 per cent, while the state-owned lender has slipped 14 per cent. In comparison, the S&P BSE Sensex has dipped 5.6 per cent till Thursday.

On Thursday, the Reserve Bank of India superseded the board of troubled private sector lender YES Bank and imposed a 30-day moratorium on it “in the absence of a credible revival plan” amid a “serious deterioration” in its financial health.

During the moratorium, which came into effect from 6 pm on Thursday, YES Bank will not be allowed to grant or renew any loans, and “incur any liability”, except for payment towards employees’ salaries, rent, taxes and legal expenses, among others.

This is the first time that a bank of this size will be put under a moratorium by the RBI.

“The financial position of YES Bank had undergone a steady decline “largely due to inability of the bank to raise capital to address potential loan losses and resultant downgrades, triggering invocation of bond covenants by investors, and withdrawal of deposits,” RBI said in a statement.

“After the moratorium, the next step will be to infuse to money and keep the bank afloat. So from shareholders’ point of view, the future is certainly hazy as the capital requirement is huge. The good part, however, is that the RBI has stepped in and depositors don't have to worry,” says Siddharth Purohit, a research analyst at SMC Securities.

Meanwhile, analysts at Nomura believe that placing the Bank under moratorium implies that equity value in the bank would be negligible, and that the chances of private capital participating in future capital raising plan are near zero.

"Any resolution for Yes Bank is more proposed from the perspective of deposit holders and systemic stability, and not from the perspective of Yes Bank equity investors or even perpetual bond holders," they wrote in a note dated March 6.

In another development, SBI’s Board Thursday gave in-principle approval to consider an “investment opportunity” in YES Bank, even as it said “no decision had yet been taken to pick up stake in the bank”.

According to a  report, highly-placed sources indicated a rescue plan involving SBI and Life Insurance Corporation of India (LIC) was being discussed and an announcement in this regard might be made soon.

“While the finer details of the deal are being worked out, it is anticipated that both SBI and LIC together will take a 51 per cent stake in the bank, with a one-year lock-in period,” the report said.

Most analysts believe it is a positive step for the Indian financial sector as the government has tried to avoid a repeat of IL&FS-like crisis.

“The move is a positive step for the financial sector as a whole. By this, the government has tried to avoid a repeat of IL&FS-like crisis and has saved the depositors,” said AK Prabhakar, Head of Research at IDBI Capital. While we know that YES Bank has a huge pile of bad loans, SBI is the only bank that has the capacity to absorb it, he added.

However, the valuation at which YES bank would be taken over remains a cause of concern.

Global brokerage firm JP Morgan Thursday cut its target price for YES Bank on Thursday to Rs 1 per share, taking into account the potential fall in the lender’s net worth due to stressed assets.

“We believe forced bailout investors will likely want the bank to be acquired at near-zero value to account for risks associated with the stress book and likely loss of deposits. We think the bank will need to be recapitalised at nominal equity value and could test dilution of additional tier 1 (AT1) capital. We remain underweight and cut our target price to Rs 1 as we believe net worth is largely impaired,” JP Morgan said in a note.

Global brokerage firm Nomura estimates a need of Rs 25,000-44,000 crore and adjusted for Rs 7,400 crore of current coverage, if the current stress of Rs 65,000-70,000 crore faces 70 per cent loss given default (LGD).

"It implies Rs 18,000-37,000 crore needed for provisioning against the current net worth of Rs 25,700 crore Also, to run as going concern, the bank would require over Rs 20,000 crore of CET-1 capital as well," the note said.

YES Bank has registered slippages of Rs 12,000 crore so far in FY20, while it has placed Rs 30,000 crore of loan assets under the watch list. Its deposits stood at Rs 2.09 trillion on September 30, 2019, while its advances totalled Rs 2.24 trillion. The bank has delayed publishing its December quarter results by a month to March 14.

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