Nirbhaya case: SC declines DCW appeal for urgent hearing to stop juvenile from walking free

December 20, 2015

New Delhi, Dec 20: The juvenile offender of the horrific December 16 gangrape case is all set to walk free on Sunday as the Supreme Court refused the dramatic post-midnight move of the Delhi Commission for Women (DCW) to stay his release by giving an urgent hearing.

Nirbhaya caseA vacation bench comprising Justices AK Goel and UU Lalit in their order pronounced at 2 am, posted the matter for hearing on Monday.

However, DCW chairperson Swati Maliwal and the lawyers of the women's panel hoped that since the matter has become sub judice, the government and Delhi Police will not release the juvenile offender.

"The matter has been posted for hearing on Monday as item number 3. The matter has now become sub judice. I hope that government and the Delhi Police will wait for one day and not release him," Maliwal told reporters outside the residence of Justice Goel.

The Special Leave Petition filed by DCW against the order of the Delhi High Court, which refused to restrain the release of the convict, was referred by the Chief Justice of India TS Thakur before the vacation bench.

Lawyers associated with the case, including senior advocate Guru Krishna Kumar and Devdutt Kamath, had rushed to Justice Goel's residence at around 1.30 am after Maliwal was told by the Registrar that the matter has been assigned to the vacation bench.

"CJI had refferred matter to Vacation Bench. Registrar General taken our case to Judge. On our way dere. Appeal for case to be heard tonight," Maliwal had tweeted earlier. The grounds which has been taken in the appeal against the High Court order says that no mental assessment of the state of mind of the juvenile offender has been taken into account for his release.

Advocate Kamath said that there are intelligence reports that even during his stay in the provision home, the convict was unremorseful of his action and he has been further radicalised. So at this stage, it cannot be said that he is not a threat to the society.

The SLP has also stated that though the High Court was of the view that there was a need for mental assessment of the convict, there was no direction that before his release the authorities should go for a health and mental assessment of the offender.

Further, it is submitted in the petition that there is also likely to be threat to his own life as reports are appearing that there is anger and tension between two groups in his own village. "Therefore it is also in his own interest and for the protection of his life that he should not be dumped and left unprotected," it said.

In the petition, Kamath said there are other legal points raised to challenge the High Court order. Guru Krishna Kumar is to appear for DCW in the case. The High Court had yesterday refused to restrain the convict's release citing that there is no legal provision for the action.

Maliwal reached the Chief Justice of India's residence around midnight and later arrived at the Registrar's office in the apex court premises. A day before his scheduled release, the juvenile convict was moved out of Delhi today even as distraught parents of the victim were detained today after they held a protest against allowing him to walk free.

The convict, who is now 20 years old and was known to be the most brutal of the attackers, has been taken to an undisclosed location from a correction home in North Delhi amid concerns that there was a threat to his life.

Sources said the juvenile has been kept under observation of an NGO under the protection of Delhi Police. The parents of the gangrape victim, along with 40 Delhi University and Jawaharlal Nehru University(JNU) students, were detained by the police as they staged a protest against the release of the juvenile convict. The police action was condemned by Delhi Chief Minister Arvind Kejriwal.

"I am shocked to learn that Nirbhaya's parents have been detained. They shud immediately be released. Police action against Nirbhaya's parents is unacceptable. I have asked Chief Secretary to talk to Police Commissioner and get them released," Kejriwal tweeted.

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Keiko Derico
 - 
Thursday, 7 Apr 2016

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News Network
May 8,2020

New Delhi, May 8: The Supreme Court on Friday suggested that states should consider indirect sale and home delivery of liquor as per its statute and law to avoid crowding at liquor shops amid the ongoing coronavirus-induced lockdown.

A bench headed by Justice Ashok Bhushan refused to pass any orders on a public interest litigation (PIL) seeking clarity on the sale of liquor and to ensure social distancing while it is being sold in liquor shops during the lockdown.

"We will not pass any order but the states should consider indirect sale/home delivery of liquor to maintain social distancing norms and standards," Justice Ashok Bhushan said while disposing of the petition.

The PIL, filed by one Sai Deepak, sought directions for closure of liquor shops for failing to enforce social distancing, which is essential to prevent the spread of coronavirus.

The petitioner told the apex court that he only wants that the life of common people is not affected because of crowding at liquor shops during COVID-19.

Justice Sanjay Kishan Kaul, another judge in the bench, said that discussion on home delivery is already going on.

The top court, after hearing the petition complaining about flouting of safety norms at liquor shops, observed that it cannot pass any orders to different states but they should consider online sale and home delivery of liquor.

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News Network
April 22,2020

New Delhi, Apr 22: The number of COVID-19 cases in India reached 20,471on Wednesday, with Maharashtra continuing to be the worst-hit state.

Out of the total number of cases, 15,859 are active cases, 3,959 cured or discharged and 652 deaths.

Maharashtra has reported the highest number of cases across the country, with the count at 5,221, followed by Delhi (2,156) and Gujarat (2,272). Maharashtra reported 251 deaths, the highest fatality rate than any other state.
Fresh cases were reported today from Kerala, Karnataka, Rajasthan and Kashmir among other states and UTs.

The Union Cabinet on Wednesday approved Rs 15,000 crore for 'India COVID-19 Emergency Response and Health System Preparedness Package'. The funds sanctioned will be utilised in three phases.

While Rs 7,774 crore has been provisioned for immediate COVID-19 emergency response, the rest would be used for medium-term support (1-4 years) to be provided under mission mode approach.

Briefing mediapersons about the package here on Wednesday, Union Minister Prakash Javadekar said the key objectives of the package include mounting emergency response to slow and limit COVID-19 in India through the development of diagnostics and COV1D-dedicated treatment facilities, centralised procurement of essential medical equipment and drugs required for treatment of infected patients, strengthen and build resilient national and state health systems to support prevention and preparedness for future disease outbreaks.

Javadekar said that no decision has been taken so far regarding the resumption of flight operations.

"No decision has been taken yet on the resumption of flight operations. An announcement will be made on time as to when it will resume," Javadekar told reporters.
Here's a quick read on the COVID-19 related updates:

1. Two Chinese manufactures of rapid antibody test, Guangzhou Wondfo Biotech Co. Ltd and Zhuhai Livzon Diagnostics Inc are now the subject of investigations by the Indian Council of Medical Research (ICMR) as the rapid testing antibody kits of these two companies delivered results with wide variations and low accuracy.

2. Rajasthan Health Minister Raghu Sharma said that 735 doctors have recently been recruited and posted to hospitals in the state.

3. The Employees Provident Fund Organisation (EPFO) has settled 10.02 lakh claims, including 6.06 lakh COVID-19 cases, under the Pradhan Mantri Garib Kalyan Yojana (PMGKY) in 15 working days.

4. Secretary of Overseas Indian Affairs in the Ministry of External Affairs, Vikas Swarup, interacted with envoys of nearly 30 Central European countries on Wednesday and shared thoughts on fighting COVID-19.

5. Taking cognisance of the need for essential services like plumbing during COVID 19 crisis, the Indian Plumbing Skills Council (IPSC) aligned to Skill India programme, under the aegis of the Ministry of Skill Development and Entrepreneurship (MSDE), has prepared a database of over 900 plumbers who are ready to provide their services during the lockdown period across the country.

6. Braving all odds, workers of the Accredited Social Health Activists (ASHA) are conducting door to door surveys in the Red Zones of Nagpur putting their lives at risk.

7. Aviation Minister Hardeep Puri on Wednesday said that Air India has lifted about 300 tonnes of essential medical cargo so far this month through China-India aerobridge. It is planned that Air India along with SpiceJet and Blue Dart will airlift another 220 tonnes of this critical cargo in the next three days.

8. Ministry of Railways has offered to supply 2.6 lakh meals daily from various railway kitchens wherever the district administration is willing and able to pick up cooked meals and distribute among the needy. This has been communicated to district authorities all over the country.

9. Uttarakhand Chief Minister Trivendra Singh Rawat on Wednesday said that the state's COVID-19 doubling rate stands at 26.6 days and Uttarakhand ranks third in preventing coronavirus infection.

10. The Central government has brought an ordinance to end violence against health workers, making it a cognizable, non-bailable offence with imprisonment up to seven years for those found guilty.

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News Network
May 25,2020

New Delhi, May 25: Realtors' apex body CREDAI has written a letter to Prime Minister Narendra Modi, seeking immediate relief measures to tide over the crisis caused by the COVID-19 pandemic.

The association, which has around 15,000 developer members, has sought one-time debt restructuring, lower interest rate on home loans and tax sops to boost liquidity and demand in the sector.

In an open letter to the prime minister, the Confederation of Real Estate Developers' Associations of India (CREDAI) said, "In this distressful situation arising out of the COVID-19 calamity, we in the real estate sector seek immediate relief for our survival."

Stating that the sector contributes substantially to the country's GDP and has backward and forward linkages with almost 250 industries, CREDAI said, "Our survival, therefore, is not just desirable, it is rather crucial for the economy."

Liquidity crunch, stagnant demand and cartelization of raw materials are major impediments for the industry to kickstart, it added.

CREDAI made seven recommendations to revive the sector and sought immediate intervention from the prime minister.

Pointing out that the situation is "much worse" than global financial crisis in 2008, CREDAI said "a one-time restructuring scheme as was permitted by RBI in 2008 may be quickly instituted by all lending institutions."

Since real estate was already reeling under a cyclical downturn before COVID-19, debt restructuring needs to be allowed for all accounts which were standard as on December 31, 2019, it added.

CREDAI demanded that all banks, non-banking financial companies (NBFCs) and housing finance companies (HFCs) should be directed to provide additional credit equal to 20 per cent of the existing real estate project related advances with no additional security and without the classification of project as NPA.

The penal interest charged by banks and financial institutions should be suspended for a period of one year or until such time as it takes for the pandemic to abate.

To revive housing demand, CREDAI suggested that "government should reduce the maximum rate of interest on new home loans to 5 per cent by subsidizing the interest component of EMIs for next five years."

The limit of principal deduction on housing loan under Section 80C should be increased to 2.5 lakh.

Interest deduction under Section 24 on housing loan for homebuyers may be increased to Rs 10 lakh, it said.

There should be no capital gains for residential properties held for a period longer than one year.

CREDAI also demanded that the subvention scheme be allowed again by National Housing Bank (NHB) and the Reserve Bank.

Under the scheme, builders used to pay EMIs on behalf of homebuyers during construction of projects.

"The economic uncertainty and job insecurity at the moment would not allow purchase of residential property at this time. A scheme whereby a homebuyer would need to pay only margin money with no EMI for 24 months will address this insecurity," the letter said.

The association pointed out that prices of cement and steel have been increased during the lockdown period, and asked for crackdown on cartelisation by manufacturers.

On the GST front, CREDAI said that the current regime of GST provides a rate of 1 per cent  for affordable housing.

"The limit of Rs 45 lakh serves as a criterion of affordability for the purpose of GST. On all other housing, GST is applied at the rate of 5 per cent without input tax credit. It has been felt that the criterion of Rs 45 lakh is too low an index of affordability anywhere across the country, and especially so in the metros," the letter said.

It will serve as an inducement to buyers in the metros if the benefit of GST at the rate of 1 per cent is extended to units costing up to Rs 75 lakh, the association said.

CREDAI pointed out that the flat rate of 5 per cent GST for under construction residential housing is causing cost build up and is acting as a deterrent for sale of under construction projects since there is no GST on completed units.

It suggested that GST rate of 1 per cent and 5 per cent, without input tax credit, should continue.

"However, an option of GST @12 per cent for normal housing/ 8 per cent for affordable housing (with 1/3rd deduction for land i.e. effective GST rate of 8 per cent for normal housing and effective GST rate of 5 per cent for affordable housing) with input tax credit (ITC) benefits in line with the scheme applicable for the works contracts for government may be revived and made applicable to the real estate," the letter said.

Lastly, CREDAI demanded that a Rs 25,000 crore stress fund for completing stalled housing projects should be deployed at the earliest.

"We shall be grateful for your much-needed intervention for the above mentioned measures required to revive the real estate sector," CREDAI said in the letter to the PM.

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