3G: Centre restrained from taking steps against Vodafone, Idea

April 12, 2013

3G_Centre_restrained

New Delhi, Apr 12: In a breather for Vodafone and Idea Cellular, the Delhi High Court today restrained the Centre from taking any "coercive steps" against the telecom majors which have been asked to pay penalty of Rs 550 crore and Rs 300 crore respectively for providing 3G services outside their circles without requisite licences.

Justice Rajiv Shakdher, referring to a Supreme Court order on a plea of Bharti Cellular Ltd in a similar case, asked the Department of Telecommunications (DoT) not to take any coercive steps in pursuance of its notices issued to the telecom companies asking them to stop providing 3G services to mobile users in the circles for which they lacked licences.

"Meanwhile, the petitioners (Vodafone and Idea Cellular) are directed not to add new customers for providing 3G services," Justice Shakdher said and issued a notice to the DoT to file its reply to two separate petitions of the telecom service providers.

Senior advocates A M Singhvi and Maninder Singh, appearing for Idea Cellular and

Vodafone respectively, sought the stay on the operation of DoT notices asking the telecom majors to pay the penalty and stop providing 3G services outside their licence areas by entering into intra-circle roaming pact with other telecom firms.

Distinguishing between the case of Bharti Cellular Ltd and that of Idea and Vodafone, Singhvi said, "In our case, no committee was constituted to hear us and not only the order of the division bench but the principle of natural justice was violated. Our case is different from that of Bharti Cellular Ltd."

Meanwhile, the court allowed the plea of another senior lawyer Mukul Rohatgi that Reliance Communication Ltd be impleaded as a party to the petitions filed by Vodafone and Idea Cellular.

Earlier, the Supreme Court had directed the Centre not to take any coercive steps against Bharti Cellular Ltd. The apex court had asked the telecom company not to extend its roaming services to new customers in seven circles where it does not have licences for 3G spectrum.

Bharti Cellular Ltd (BCL) had moved the apex court after the division bench of the High Court vacated its stay on the operation of a DoT notice against BCL for providing 3G services outside its licenced circles.

Subsequent to the high court order, the DoT issued similar notices against Vodafone and Idea Cellular. Aggrieved by the notices, the two telecom firms moved the High Court and simultaneously sought intervention in the apex court in the hearing of the BCL plea against the DoT notice.

The DoT had issued notices to Vodafone and Idea Cellular asking them to pay penalties of Rs 550 crore (11 circles) and Rs 300 crore (six circles) respectively for providing 3G services to customers outside their circles where they did not get the requisite licences in the spectrum auction held in 2010.

The DoT notices asking them to stop 3G mobile phone services in circles where they did not win spectrum in the 2010 auction of the radio waves were issued days after the Delhi High Court set aside a stay on a similar notice served on BCL.

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Agencies
June 8,2020

Idukki, Jun 8: Devikulam MLA S Rajendran from CPM along with supporters staged a protest by blocking the Munnar-Udumalpet interstate highway here on Monday, demanding that action to be taken to prevent wild elephants entering into human settlements and destroying properties.

The protest started at 9.30 am and demand was made that senior forest officials should give them assurance of putting an end to the problem.

A police team led by Munnar Deputy Superintendent of Police (SP) Ramesh Kumar was camping in the area.

Wild elephants from the nearby forest are frequently trespassing into Munnar and last night two elephants destroyed a vegetable shop in the town.

If it was a lone elephant that the locals nicknamed as Padayappa that used to enter the human settlement, now along with him a baby elephant is also coming to the town at night.

The locals have named the second elephant Ganeshan. Though there were instances of them destroying crops and eating from vegetable shops, till now the duo has not attacked humans.

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Agencies
June 18,2020

New Delhi, Jun 18: Major General-level talks between India and China, held to resolve the issues related to the violent face-off in Ladakh's Galwan area on June 15-16, lasted for more than six hours on Thursday, sources said.

The talks between the Major Generals of the two countries had remained inconclusive on Wednesday.

Sources also said that all Indian Army personnel who were involved in Galwan valley violent face-off on June 15-16 are accounted for and no soldier is missing in action.

At least 20 Indian Army personnel, including a Colonel rank officer, had lost their lives in the violent face-off which happened in the Galwan valley as a result of an attempt by the Chinese troops to unilaterally change the status quo during the de-escalation in eastern Ladakh.

Indian intercepts have revealed that the Chinese side suffered 43 casualties including dead and seriously injured in the violent clash. The commanding officer of the Chinese unit is among those killed, sources confirmed to media persons.

India wants restoration of old status quo along the Line of Actual Control (LAC) prevailing before May 2020 when the first reports of Chinese incursions started appearing.

External Affairs Minister S Jaishankar had on Wednesday conveyed a clear and tough message to his Chinese counterpart Foreign Minister Wang Yi that what happened in Galwan was a "pre-mediated and planned action that was directly responsible for the resulting violence and casualties."

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Agencies
July 20,2020

Mumbai, Jul 20: The Bombay High Court on Monday asked the NIA and the Maharashtra government to inform it about the health condition of poet Varavara Rao, an accused in the Elgar Parishad-Maoists links case, and if his family could be allowed to see him "from a reasonable distance".

The directions came after Rao's lawyer told the court that the activist was "almost on his deathbed".

Rao, 81, is currently admitted in the Nanavati Hospital here. He tested positive for coronavirus earlier this month and is also suffering from several other ailments.

A division bench of Justices S S Shinde and S P Tavade asked the National Investigation Agency (NIA) and the state to inform the court about Rao's health condition and clarify by July 22 whether his family members could be permitted to see him.

Rao's lawyer Sudeep Pasbola told the court that the activist was "almost on his deathbed" and that if he were to die, it should be in the presence of his family.

"His condition is very serious. He hit his head against the hospital bed while he was at the J J hospital and sustained severe injuries. Besides COVID-19, he suffers from several ailments, he is hallucinating and is delirious," Pasbola said.

"His days are numbered and if he is to die, at least let him die in the presence of his family members," the lawyer said while seeking that Rao be granted bail. Pasbola said Rao was in no condition to cause any prejudice to the probe in the case and even the NIA could not dispute this fact.

The bench, however, asked if Rao was in such a critical condition, wouldn't it be counterproductive to move him out of the hospital, and take him to any other place? "Also, if he has COVID-19, then how can he meet his family?" the court asked.

To this, Pasbola said if permitted, Rao's family could take precautions, and see him from a distance. The state's counsel, Deepak Thakare, told the high court that it could arrange for video-conferencing facilities for Rao's family.

Additional Solicitor General Anil Singh, who appeared for the NIA, said as far as he knew, "COVID-19 patients could not be permitted to meet anyone". He also said Rao had been admitted to "one of the best multi-speciality hospitals in the city," and that he was being taken care of in accordance with guidelines of the Indian Council of Medical Research (ICMR).

"We are providing the best treatment to him, all his medical needs are being attended to and we are following ICMR guidelines in treating him for COVID-19," Singh said. The court, while seeking details from the NIA and the state, said, "Can his family members see him from a reasonable distance in the hospital?"

Rao earlier filed two pleas in HC through his lawyer. One was to direct the state to produce all his medical reports from the state-run J J Hospital, where he was admitted in May but discharged hurriedly on June 2 and sent back to Taloja jail in neighbouring Navi Mumbai.

The other plea sought bail on health grounds.

The same bench also heard a petition filed by Rao's co-accused in the case, activists Vernon Gonsalves and Anand Teltumbde, seeking that they be tested for COVID-19 as they had been in close contact with Rao in the jail.

The court directed the prison authorities and the NIA to respond to the plea by July 23. "The prayer in the petition is limited. You (authorities) carry out the test for COVID-19 and see. If they are negative then good," the court said.

It noted that they (Gonsalves and Teltumbde) are lodged in the Taloja jail where there have been cases of inmates testing positive for coronavirus. Besides, the hearing on the plea of activist Sudha Bharadwaj, also an accused in the case, seeking bail on health grounds was adjourned after the court found the Byculla women prison superintendent's report on her health to be "illegible".

Her plea will also be heard on July 23.

Bharadwaj has been in jail since September 2018. She applied for bail on health grounds after an inmate at the Byculla prison tested positive for coronavirus last month.

Rao and nine other activists were arrested in the Elgar Parishad-Maoist links case, which was initially probed by the Pune Police and later transferred to the NIA.

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