President Pratibha Patil goes on mercy overdrive

June 22, 2012

Prathiba_OverdriveNew Delhi, June 22: Ahead of demitting office, President Pratibha Patil has scored a new record. She has commuted the death sentence of as many as 35 convicts to life — among them are those convicted of mass murder, kidnapping, rape and killing of children.

On June 2, Patil gave her pardon to four more — Bandu Baburao Tidke from Karnataka, Buntu from Uttar Pradesh and Lalchand alias Laliya Dhoom and Shiv Lal from Rajasthan. As a swami of Sadashiva Appana Math, Bagalkot, Tidke abducted a 16-year-old schoolgirl, raped and murdered her. UP's Bantu, on death row since July 2008, was convicted of raping and killing a five-year-old girl.

In fact, almost all the convicts pardoned are guilty of the most blood-curdling crimes. Piara Singh, Sarabjit Singh, Gurdev Singh and Satnam Singh had massacred 17 of a family at a marriage function. Gopi and Mohan (Tamil Nadu) and Molai Ram and Santosh (Madhya Pradesh) had raped and murdered little girls.

The large scale of presidential pardons is seen as surprising. That is because India has not yet abolished the death penalty.

Were these pardons diluting the legal provision through the backdoor? Archana Dutta, Rashtrapati Bhavan spokesperson, said the President was well aware of constitutional provisions as she was a lawyer herself. "The President only takes a decision to commute a death sentence or reject it after she is satisfied by the advice tendered by the government. The President ensures that the government has put in certain application of mind to give mitigating and extenuating circumstances for their advice,'' she said.

Notwithstanding Dutta's assertion, the speed with which Patil has granted pardons would indicate haste. Those shown clemency have been held guilty of barbaric crimes. These appear to have met the criterion of the "rarest of the rare" crimes that attract death penalty. While Patil has shown mercy to mass killers and rapists and killers of children, she has not given the same treatment to political assassins like the killers of former Punjab chief minister Beant Singh or Rajiv Gandhi.

With the June 2 decision to grant four more pardons, the President boasts of a disposal rate of 200%. In recent times President K R Narayanan received 10 petitions and disposed of only one in his tenure. A P J Abdul Kalam inherited nine petitions with another 16 added in his term, taking the total to 25. He disposed of only two — rejecting one and pardoning the other.

Presidential pardon

Article 72 empowers President to pardon, grant reprieve or suspend, remit, commute sentence of person convicted of any offence

President guided by home minister, council of ministers

Exercise of the executive prerogative subject to judicial review

Pratibha Patil has granted clemency to 35 convicts — a record 22 of those killed by these 35 were women and children

Patil rejected 3 pleas

Afzal Guru's among pending mercy petitions

Since 1981, more than 90 have pleaded for clemency

Patil's disposal rate is about 200% unlike K R Narayanan who only disposed of one petition of the 10 he received and Kalam who had a disposal rate of 12.5%

Clemency call

APJ Abdul Kalam | Had 25 mercy petitions. Rejected plea of Dhananjoy Chatterjee, India's last recorded execution. Commuted one to life. Returned others

K R Narayanan | Sat on all pleas. Used delay as tactic. Received about 10 mercy pleas

S D Sharma | Rejected all 14 mercy petitions presented to him

Some sentences commuted

SATISH | Killed & brutalized Visakha, 6, a UP resident, in 2001

MOLAI RAM & SANTOSH YADAV | Raped and killed 10-yr-old daughter of jailor in MP prison in 1996

DHARMENDRA SINGH and NARENDRA YADAV | UP duo killed couple and their 3 minor kids in 1994

PIARA SINGH and HIS THREE SONS| From Punjab, massacred 17 of a wedding party

SHOBHIT CHAMAR | Of Bihar. Jailed for killing 6 of an upper caste landlord's family, including 2 kids

R GOVINDSWAMY | From Kerala, sentenced for murder of his paternal uncle, aunt, their three children over a land dispute

SHYAM MANOHAR, SHEO RAM, PRAKASH, RAVINDER SURESH and HARISH | Killed five, including a 10-yr-old boy, over a property dispute

OM PRAKASH | From Uttarakhand, murdered retired brigadier and two family members

SUSHIL MURMU | Sacrificed a 9-yr-old boy in Jharkhand for his own prosperity

MOHAN and GOPI | From TN, kidnapped 10-yr-old boy, strangled him, got Rs 5 lakh as ransom

JAIKUMAR | Murdered pregnant sister-in-law and niece

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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News Network
April 28,2020

New Delhi, Apr 28: Outstanding loans amounting to Rs 68,607 crore of top 50 wilful bank loan defaulters in the country including firms of Mehul Choksi and Vijay Mallya have been technically written off till September 30, 2019, the Reserve Bank of India said in a RTI reply.

Absconding dimantaire Choksi's company Gitanjali Gems tops the list of these defaulters with a whopping amount of Rs 5,492 crore, according to the list.

This is followed by REI Agro with Rs 4,314 crore and Winsome Diamonds with Rs 4,076 crore.

Rotomac Global Private Limited has funded advances of Rs 2,850 crore which have been technically written off and Kudos Chemie Ltd with Rs 2,326 crore, Ruchi Soya Industries Limited, now owned by Ramdev's Patanjali, with Rs 2,212 crore and Zoom Developers Pvt Ltd with Rs 2,012 crore being the other companies.

Mallya's Kingfisher Airlines figures in the list at number 9, with outstanding of Rs 1943 crore which have been technically written off by the banks.

Forever Precious Jewellery and Diamonds Private Limited has loans of Rs 1,962 crore written off while Deccan Chronicle Holdings Limited have Rs 1915 crore written off loans.

Choksi's other firms Gili India and Nakshatra Brands also have loans of Rs 1,447 and Rs 1109 crore respectively written off.

REI Agro of Jhunjhunwala brothers is already under the scanner of ED. The CBI and ED are also probing alleged fraud by the owners of Winsome Diamonds.

Vikram Kothari's Rotomac is the fourth in the list. He and his son Rahul Kothari were arrested by the CBI for bank loan default.

In the last Parliament session, Rahul Gandhi had asked the government to provide a list of top 50 bank loans defaulters in the country, leading to sharp exchanges and uproar in the Lok Sabha.

"The information on top 50 wilful defaulters and their sum of funded amount outstanding and amount technically/prudentially written off as on September 30, 2019 reported in CRILC by banks, is provided," the RBI said in its written response dated April 24.

In his application, RTI activist Saket Gokhale had sought the list of defaulters as on February 16, but the RBI said the requested information is not available.

The RBI said that according to section 8 (1)(a) of RTI Act 2005 read with para 77 of Supreme Court judgement of December 16, 2015 in Jayantilal N Mistry case, information on overseas borrowers is exempted from public disclosure.

"Data is as reported by banks and RBI will not be held responsibly or accountable for any misreporting and/or incorrect reporting by the reporting entities," the RBI said in the written reply to the RTI query.

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News Network
March 20,2020

New Delhi, Mar 20: The government on Thursday said one Indian who tested positive for coronavirus has died in Iran while the other citizens infected with the disease are being provided treatment and taken care of by the Iranian government.

Noting that the virus tends to be more fatal for those whose immunity levels are low, a senior MEA official said the deceased, an elderly person, belonged to the vulnerable age group and had health-related complications.

The death was not because of lack of medical attention or care, he said.

"We have evacuated 590 people from Iran where the situation is very severe. The Indians infected with coronavirus in Iran have been segregated and taken care of very well by the government there. We believe they will recover and we will bring them back," the MEA official said, adding that 201 Indians were evacuated from Iran on Wednesday.

The official said closely knit families required some persuasion and counselling during the process of segregation to prevent the spread of the contagion.

The Indian ambassador and other officials explained the consequences of infected people not being separated from their families and were successful to a large extent in segregating the positive cases from the negative ones, he said.

"Some pilgrims and students are still there and our embassy and mission are in control (of the situation)," the official said.

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