Nirbhaya case: SC dismisses plea of death row convict against dismissal of mercy plea

News Network
January 29, 2020

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

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Agencies
February 18,2020

Mumbai, Feb 18: A group of citizens on Tuesday demanded a thorough inquiry into the death of special CBI judge Brijgopal Harkishan Loya in 2014.

The group has written a letter to Maharashtra Chief Minister Uddhav Thackeray, seeking a time-bound probe into the death of Loya.

Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case of Gujarat, died of a cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague's daughter.

Social activist Ashok Pai, addressing a press conference on behalf of the group, also demanded proper compensation for the judge's family, saying he was on an "official" tour.

Pai said on Tuesday he met NCP president Sharad Pawar, whose party is a key constituent of the Maha Vikas Aghadi (MVA) government in Maharashtra, and raised these demands with him.

Pawar assured to look into the demands, he said at the press conference at the Mumbai Marathi Patrakar Sangh.

"We have handed over a letter to Maharashtra Assembly speaker Nana Patole and dispatched a copy of the letter to Chief Minister Uddhav Thackeray (seeking a probe into Loya's death)," Pai said.

As the matter relates to "mysterious" death of a sitting judge of the CBI, all facts about it must be made public after a detailed and time-bound probe, Pai said.

The Loya death case had reached the Supreme Court.

The Supreme Court had held that Loya had died of "natural causes" and had rejected PILs seeking an SIT probe into the death, questioning their motive.

The SC had held that petitions were moved by political rivals to settle scores which was a serious attempt to scandalise the judiciary and obstruct the course of justice through a "frontal attack" on its independence.

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News Network
March 25,2020

India will suspend all domestic flights from midnight Tuesday, the final piece of a nationwide lockdown that threatens Prime Minister Narendra Modi’s attempts to revive an economy already expanding at the slowest pace in more than a decade.

The flight ban compliments a cancellation of all passenger trains through March 31, as authorities try to halt the spread of the coronavirus in the world’s second-most populous country, which has poorly equipped hospitals and inadequate social security. Modi on Monday held a conference call with some of India’s top entrepreneurs and bankers, who urged policymakers to immediately slash interest rates by as much as a full percentage point, transfer cash to the poorest citizens, and suspend loan-repayments.

Over the past three days, state after state has declared curfews and India’s international borders have been shut for most visitors since March 11. India so far has 492 virus cases, including nine deaths. But experts say the country could be on the same trajectory as Italy, where the outbreak quickly escalated, causing hospitals to overflow.
A traveller stands outside a near-empty Delhi Junction Railway Station in Delhi, March 22.

"This is the biggest lockdown in world history,” said Raghu Raman, a former soldier with the Indian Army and founder of the National Intelligence Grid, an umbrella database aimed at countering terrorism. “This strategic pause gives decision-makers more time to arrest the exponential spread of the virus and evaluate trade-offs.”

Controlling the outbreak is crucial for Modi, who remains India’s most popular political leader currently though his economic management has faced criticism. Foreign investors are selling Indian assets at an unprecedented pace and failure to contain deaths and infections could erode some of the prime minister’s personal appeal at home.

Oxford Economics slashed India’s January-March growth forecast to 3%, a number not seen even during the worst of the global financial crisis. The main equity gauge rose about 3% on Tuesday after a record 13.2% plunge Monday, and the rupee stayed near its all-time low.

“A part of the cerebral cortex that senses fear and survival seems to have activated in the minds of investors,” said Umesh Mehta, Mumbai-based head of research at Samco Securities Ltd. “The only relief in this market can come from either policy makers and regulators, or from some positive news that a cure for the pandemic is near.”

Bloomberg Economics estimates Modi’s administration needs at least 1% of gross domestic product -- $30 billion -- to meaningfully respond to the virus outbreak. Meanwhile, the nation’s billionaires are diverting their factories to manufacture medical equipment and pledging to keep paying their staff even as production grinds to a halt. India allowed companies to use their philanthropy funds to prevent the spread of the coronavirus.

Reliance Industries Ltd., controlled by India’s richest man Mukesh Ambani, has helped equip a hospital in Mumbai dedicated to patients of Covid-19, the disease caused by the coronavirus. It will also build quarantine centers and produce 100,000 facemasks a day and other personal protective equipment for health workers. The group’s telecom unit will offer free broadband to enable work-from-home during the lockdown and will pay its lowest paid workers twice a month to protect household incomes.

Ambani joins Mahindra & Mahindra Ltd. Chairman Anand Mahindra and Vedanta Resources Ltd. Chairman Anil Agarwal -- a combined worth of more than $40 billion between the trio -- who have so far made pledges.

Indian companies are responding to Modi’s shutdown call. Maruti Suzuki India Ltd., Tata Motors Ltd., Toyota Kirloskar Motor, Hero MotoCorp., Samsung Electronics Co. and LG Electronics Inc., Mahindra Group, TVS Motor Co., Kia Motors Corp., Renault Nissan Automotive India Private Ltd., and Yamaha Motor India are among companies that have announced factory suspensions.

Policymakers are aware of the risks of such a move. India -- with a record 5.9 trillion rupees of local corporate debt maturing this year -- faces “waves of default” if cash flows aren’t maintained, the government’s principal economic adviser Sanjeev Sanyal said an interview.

Finance Minister Nirmala Sitharaman last week said the government will announce a relief package for coronavirus-affected sectors as soon as possible. The Reserve Bank of India, which is due to review interest rates April 3, announced a 1 trillion rupee cash injection on Monday.

“Let me assure, whatever it takes to keep the cash flow going in the economy will be done,” Sanyal said. “We need to make sure that when we are past the health storm, we still have an economy that has not gotten gridlocked. Because unwinding that would be more difficult.”

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Agencies
July 21,2020

The Retailers Association of India (RAI) has said that ad hoc lockdowns by state governments are impacting the businesses of already-stressed retailers, along with hurting the economic revival of the country.

In a statement, the body of the organised retail industry said that the long road to recovery for the Indian retail industry continues to meet stumbling blocks with numerous restrictions being imposed at the state and local levels.

"Total lockdowns in some places and limited operational hours and days in several others are creating setbacks for retailers as the already stressed retail businesses are getting further interrupted and in turn, dampening consumer sentiment," it said.

According to RAI, although the intentions are that of citizen safety and social distancing, the recent instances of local lockdowns and ad hoc restrictions being imposed in Uttar Pradesh, Maharashtra, Andhra Pradesh and Karnataka are having a distressing impact on retail businesses.

Retailers are already facing huge setbacks in terms of payment of wages and rentals due to very low sales of about 40 per cent as compared to last year, thanks to the extended lockdown, it said.

Contesting the restrictions on operating hours, Sandeep Kataria, CEO, Bata India said: "Restricted shopping time can lead to unnecessary overcrowding of stores, which is unfavourable towards the personal safety of both store staff and customers. Longer operational hours will support recovery for retailers as well as help adhering to social distancing norms."

Arvind Mediratta, MD and CEO, METRO Cash & Carry India said that these lockdowns will create severe inconvenience for all citizens as they also bar operations of food and grocery retail and wholesale stores.

Such hastily-implemented decisions by states undermine investor confidence and would come in the way of making the country "aatmanirbhar" or self-reliant, he said.

Voicing the concerns of retailers, the RAI has submitted representations to various state and local authorities that puts forth recommendations to get businesses and life of consumers on the track to recovery.

It has said that authorities should mandatorily allow essential shops including kiranas, general trade shops, supermarkets, hypermarkets and wholesalers to operate every day of the week until 9 p.m. to cater to the daily needs of the customers.

It has also sought ensuring uniform and regular opening of all categories of retail for full working hours while following stringent hygiene practices and adhering to social distancing norms. This will help avoid overcrowding outside stores as demand will get distributed over all days of the week, it said.

The industry body has also asked the local authorities to open malls in all states. Malls can ensure a safe shopping experience wherein safety measures are taken by both, the mall authorities and the retailers, it said.

Kumar Rajagopalan, CEO, RAI, said: "The need of the hour is concerted efforts by all stakeholders. While retailers are doing their bit by following stringent hygiene practices, the policymakers too need to support to ensure economic revival across the country. Consumption is important for the country and supports the business environment."

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