SC dismisses contempt plea on IAS officer Nagpal's suspension

August 26, 2013

Nagpals_suspensionNew Delhi, Aug 26: The Supreme Court today dismissed a plea for initiating contempt proceedings against the UP government and its Chief Minister for suspending IAS officer Durga Sakthi Nagpal, who had cracked down on the sand mafia in Gautam Budh Nagar.

The petition filed by an advocate had contended that the officer had only complied with the orders of this court in demolishing the illegal structure and the decision of state government to suspend her amounts to contempt.

However, a bench comprising justices H L Dattu and S J Mukhopadhaya said nothing is there to show that there is wilful and deliberate contempt by any of the alleged contemnors (state authorities).

"How does the action of state government amounts to contempt," the bench asked and noted that the authorities by themselves have not taken any decision relating to the apex court's orders on preventing unauthorised construction of religious buildings on public land.

The bench also said that the contempt petition has been filed too early when the state government has not taken final decision on the charge sheet issued to her.

The bench said the stage of contempt would only arise after the officer files response to the charge sheet and the state government takes a final decision.

The petition, filed by advocate M L Sharma, had also named Chief Secretary Javed Usmani, working Chief Secretary Aalok Ranjan and the Centre as respondents.

The petition had contended that action against 28-year-old Nagpal was in contempt of the apex court order on preventing unauthorised construction of religious structures on public land.

"Following the Supreme Court direction is not an offence that has been performed by the officer concerned," he had said.

Sharma had moved the contempt petition after his PIL seeking reinstatement of Nagpal, a 2010 batch IAS officer, and quashing of all proceedings against her was dismissed by the apex court on August 16 on the ground that he had no locus to move court in that regard.

The sub-divisional magistrate was suspended on July 27 ostensibly for ordering demolition of the wall of an under construction mosque in a village in Noida without following the due process.

The petition had sought judicial review of the suspension order and said, "Nagpal's victimisation is a new low in a long process of the subversion of bureaucracy."

The Uttar Pradesh government had on August 4 served a charge sheet on the officer, asking her to submit an explanation for her conduct.

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Agencies
June 4,2020

New Delhi, Jun 4: CSIR Director-General Shekhar Mande said on Thursday that the World Health Organisation's (WHO) decision to halt hydroxychloroquine (HCQ) drug trial was taken in haste and the global body should have actually analysed the data before making the decision.

"I firmly believe that WHO decision was taken in haste it was a kind of knee jerk reaction they should have actually analyse the data on their own before temporarily suspend the trials that is my personal opinion," Mande said.

India's nodal government agency ICMR (Indian Council of Medical Research) overseeing the country's response to the coronavirus pandemic last month wrote to the WHO citing differences in dosage standards between Indian and international trials that could explain the efficacy issues of HCQ in treating COVID-19 patients.

In addition, Dr Sheela Godbole, National Coordinator of the WHO-India Solidarity Trial and Head of the Division of Epidemiology, ICMR-National AIDS Research Institute also wrote a letter via an email to Dr Soumya Swaminathan, Chief Scientist at World Health Organisation.

In a letter, Dr Godbole stated: "There was no reason to suspend the trial for safety concern," attributing it to the current RECOVERY data which differs significantly from the non-randomised assessment by Mehra et al, a scientific paper.

Referring to the letter, the CSIR head said, "We don't know what actually happened behind the scenes but the hypothesis is that because of the paper published in Lancet. It is a very well known journal and if Lancet has done due vigilance in publishing the paper. 

Therefore, the WHO thought the paper's findings are right that's why WHO hold based on what is published on Lancet. The WHO shouldn't have accepted it immediately this should have taken their own due vigilance to find out that study is right or not."

DG CSIR said because there is a global outcry it must have put pressure on both Lancet as well as WHO and both of them now retracted from their original position. "WHO has started a trial again and Lancet has put an expression of concern on their website both of these are very welcome development for science," he said.

"So I am pretty sure that Lancet would have published the reports only after seeing somewhere the drug failed to work," Mande said.

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Agencies
August 2,2020

New Delhi, Aug 2: The Ministry of Health and Family Welfare on Sunday issued fresh guidelines for international passengers coming to India amid the COVID-19 pandemic. The new guidelines will be implemented from 12:01 am on August 8.

The ministry has also asked all passengers to submit a self-declaration form online at least 72 hours before travel.

"All travellers should submit self-declaration form on the on the online portal (www.newdelhiairport.in) at least 72hours before the scheduled travel," the guidelines said.

It also said that those coming to India must give an undertaking that they would undergo mandatory quarantine for 14 days as prescribed by the government. "They should also give an undertaking on the portal that they would undergo mandatory quarantine for 14 days i.e. 7 days paid institutional quarantine at their own cost, followed by 7 days isolation at home with self-monitoring of health," it added.

Giving exemptions in some cases, the guidelines mentioned, "Only for compelling reasons/cases of human distress such as pregnancy, death in the family. Serious illness and parent (s) with children of 10 years or below, home quarantine may be permitted for 14 days."

"If they wish to seek such exemption, they shall apply to the online portal at least 72 hours before boarding. The decision taken by the government as communicated on the online portal will be final," it said further.

The guidelines further said that travellers could request for exemption from institutional quarantine by submitting a negative RT-PCR test report on arrival.

"This test should have been conducted within 96 hours prior to undertaking the journey. The test report should be uploaded on the portal for consideration," it added.

Passengers have also been asked to download the Aarogya Setu app on their mobile phones.

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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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