Saturday, September 21, 2019

Man’s death in MRI room: Bombay high court grants interim compensation of Rs 10 lakh to kin

The 
Bombay high court
 on Tuesday granted interim compensation of Rs 10 lakh to the family of a 32-year-old salesman in Mumbai who died last January after being 
sucked into an MRI machine 
at a civic hospital, observing that the “unfortunate incident’’ was prima facie a case of negligence. 

The HC directed the civic body and 
BYL Nair hospital 
, where the death occurred, to pay the amount within six weeks offering some reprieve to the victim's family.


“But for the 
on part of hospital authorities the incident wouldn’t have taken place,’’ said the HC bench of Justices Akil Kureshi and SJ Kathawalla on Tuesday. “Hospitals should take all necessary precautions based on such case. Municipal hospitals are visited by a large number of people, relatives, many from rural areas lacking in awareness. It would be unreasonable to think that they are aware about entering 
 room without metal objects," said Justice Kureshi dictating the order in open court.

The court also directed the family to put the amount in a fixed deposit. The state chief minister's relief fund had released Rs 5 lakh to the family last year, said the Brihanmumbai Municipal Corporation (BMC) counsel Joquim Reis. The FD, the court suggested, is to ensure that the money is secure and grows, after observing that the man, a salesman with a ‘multi brand outlet’ earning Rs 36,000 monthly was the “virtually sole earning member’’ who lived with his aged parents and unmarried sister. “The proof of income is not conclusive,’’ observed the HC, adding that the final compensation amount would be computed after a detailed hearing where his age, income, dependents and future earning capacity would be factored in.
 resident, Rajesh Maru, died after getting pulled into the MRI machine along with an oxygen cylinder he allegedly carried into the room for his ailing relative.

The HC noted the contents of an FIR filed and statements recorded in the case too.

BMC special counsel Joaquim Reis had argued that it was the first incident of its kind and a departmental inquiry was being conducted and the role of four others being probed. He had submitted that a preliminary inquiry, subject to final inquiry, had pointed towards two staff, a ward boy and another, for prima facie negligence.

“As per the employer, its staff was negligent in discharge of duties.The BMC thus cannot avoid its liabilities to pay compensation,’’ said the HC in the interim order.

Saturday, September 14, 2019

Don’t indiscriminately attach bank accounts: Gujarat HC

The Gujarat high court on Friday directed GST officials not to use their powers to attachproperties during tax evasion probes to “harass” businessmen.
The high court observed that attachment of properties, especially bank accountsof businessmen, may damage their business. Hence the power should be used sparingly.

The high court was dealing with cases filed by one Pranit Desai and his six companies after GST officials attached various bank accounts during their investigation into input tax credit fraud to the tune of Rs 43 crore. Desai complained that the attachment was affecting his business badly because he was unable to make transactions since March. He is into manufacturing of refractive lining material.

The issue before the high court was the powers conferred on GST officials under Section 83 of the GST Act. The bench of Justice J B Pardiwala and Justice A C Rao observed that provisional attachment under Section 83 should be made after the assessing officer feels that it is absolutely necessary in the interest of revenue.

The court said, “The power conferred upon the Assessing Authority under Section 83 is very drastic, far-reaching power and that power has to be used sparingly and only on substantive weighty grounds and for valid reasons. To ensure that this power is not misused, no safeguards have been provided in the Section 83…It should not be exercised unless there is sufficient material on record to justify the satisfaction that the assessee is about to dispose of the whole or any part of his property with a view to thwarting the ultimate collection of the demand.”

The court made it clear, “It (attachment) should neither be used as a tool to harass the assessee nor should it be used in a manner which may have an irreversible detrimental effect on the business of the assessee.”

The high court ordered the government to release all bank accounts belonging to Desai and his six companies with the observation, “The attachment of bank accounts and trading assets should be resorted to only as a last resort because, the attachment of the bank accounts of the assessee would paralyse the functions and business of the assessee.”

Friday, September 13, 2019

'Sorry, have lost faith in you': Madras High Court slams Tamil Nadu govt after AIADMK's illegal hoarding kills 23-year-old techie

  • Madras High Court came down heavily on the Tamil Nadu government on Friday after a 23-year-old Chennai woman was killed in an accident after a large flex board fell on her. 
  • The court, which has on previous occasions outlawed the use of large political hoardings along streets, expressed its displeasure on the non-compliance of its order by the ruling party.
  • A hoarding about AIADMK party had come off lose and fallen on Subashree, a software engineer, after which she fell off her two-wheeler and came under a water tanker on Thursday.
A hoarding about AIADMK party had come off lose and fallen on Subashree, a software engineer, after which she fell off her two-wheeler and came under a water tanker on Thursday. The accident took place on the Pallavaram-Thoraipakkam road when the woman, a resident of Chromepet in Chennai, was on her way back home. The victim received serious head injury and was rushed to Kamakshi Hospital where she later passed away.

Sunday, September 1, 2019

Indian-Pakistani lesbian couple get married – with one bride wearing a sari and the other a sherwani

Bianca Maieli and her new wife Saima Ahmad just got married in a wedding that showed ‘love has no boundaries’.
The lesbian couple, respectively from India and Pakistan looked regal on their big day with one wearing a sari and the other a sherwani (groom’s outfit).
Bianca, a Colombian-Indian Christian woman met Saima, a Muslim woman from Pakistan at an event where they live in the U.S.
Some time later, the couple decided to tie the knot in California, wearing two traditional outfits.
South Asian fashion designer Bilal Hussain Kazimov dressed Bianca in a stunning ivory sari, complete with a maang tikka (head jewellery), gold bangles and pearl kadas (bangles).
Saima, on the other hand, opted for a sherwani, traditionally worn by male grooms from South Asia.
They went for similar vibes during their Mehendi too (pre-wedding ceremony).
Saima was also dressed by Bilal and went for a black sherwani with embroidered detail in gold hues and other colours.
She completed the look with a dupatta (scarf) on her side and a moti (read pearl) mala
On their wedding day, there were baraat processions – whereby both sides of the family meet, singing and dancing – and the brides also joined in.
They then exchanged rings and officially got married.
At their Mehendi, they were equally gorgeous, with Bianca wearing a pink lehenga (skirt-top combo) while Saima sported a kurta pyjama (a lighter version of sherwani) which she teamed up with a pink brocade jacket.
News of the couple’s sweet union has been met with wide praise online, with many commending the couple for bringing together two divided nations.
One person wrote: ‘Despite tensions over Kashmir, this marriage is a positive step in strengthening Indo-Pak relationship. Good luck to the couple. Congratulations’. 
While another wrote: ‘How beautiful is love. Indeed there are no boundaries in love.’

Bianca and Saima aren’t the only couple to unite two opposing nations.


Thursday, August 15, 2019

Protests against order for demolition of Guru Ravidas Temple: SC warns of contempt

A three-judge Bench headed by Justice Arun Mishra says SC verdicts can’t be politicised

As many parts of Punjab witnessed protests and bandh organised by Dalit groups against the Supreme Court’s recent order to demolish Guru Ravidas Temple in Delhi, the court on Tuesday warned that it would initiate contempt proceedings against those involved.
“What do you think?...This is a Supreme Court order…You can’t organise protests like this…You can’t politicise our orders,” a three-judge Bench headed by Justice Arun Mishra said after being told that some people were organising protests against the demolition order.

The top court had on April 2 ordered that the premises built on forest land had to be vacated and peaceful possession handed over to the DDA.
However, it was not done and on August 2, a false statement was allegedly made on behalf of office bearers of Guru Ravidas Jayanti Samaroh Samiti that the premises had been vacated.
After being told about it, the top court on August 9 directed the DDA to remove the structure by August 10 and asked the Commissioner of Delhi Police to provide protection for the purpose. 
The Chief Secretary of Delhi was also directed to ensure compliance of its order. 
It had also sought personal presence of office bearers of the Samiti and contempt notices be issued to them, if the order was not complied with.
On Tuesday, the court was told that the structure had been removed but some people were agitating against it in Punjab.
This angered the Bench, which said it would not tolerate such behaviour. 
“Once the Supreme Court has passed the order, you can’t indulge in politics over it…You can’t politicise an order of the Supreme Court,” said Justice Mishra. 
The Bench requested Attorney General KK Venugopal to assist the court on this issue so as to settle the legal issue once for all.
The counsel for the Samiti tried to tell the Bench that the protests had been organised in Punjab and not in Delhi but the Bench wasn’t impressed.
Three days after a Guru Ravidas Temple in Delhi was demolished, Dalit groups in Punjab organised protests against the Supreme Court’s order resulting into the demolition.
There were reports from Jalandhar, Hoshiarpur, Kapurthala and Phagwara that bandh call evoked a good response with shops and commercial establishments remaining closed. 

Wednesday, August 7, 2019

No slaughter of goats and sheep inside flats, houses on Bakrid: Bombay HC

The Bombay high court on Tuesday banned the slaughter of sheep and goats in flats and homes during the forthcoming Eid festivities. 

A division bench of Justice Satyaranjan Dharmadhikari and Justice Gautam Patel restrained the Brihanmumbai Municipal Corporation (BMC) from giving such permissions for slaughter inside flats and houses.


The bench further allowed the corporation to give permission for slaughtering animals in housing societies, but has introduced a rider that approval should not be granted if the society is located within one kilometre walking distance from a community space for slaughtering, including a religious slaughtering space.

"In our view, the requirements of public safety, hygiene and sanitation makes it impossible to accept any policy that permits slaughtering inside individual flats. In a city that is as densely crowded and congested as Mumbai and where typical residential apartments are small, we do not believe it is possible to make effective arrangements for human, hygienic and safe methods of sacrificial slaughter within a residential flat. Many of these flats are homes for the very old or the very young (or both). We believe these concerns override all others," said the judges. "We restrain all slaughtering within residential flats or accommodations," added the judges.

The court has asked BMC to "strictly and stringently maintain all applicable safety, hygienic and public safety norms and requirements and to move expeditiously against all violations."


Saudi Arabia sacks doctors with Pakistani MS/MD degrees, other Arab countries follow suit

Saudi Arabia and a few other Arab countries have rejected Pakistan's MS/MD postgraduate programme, making Pakistani doctors no longer eligible to work in the country, a Dawn report said on Wednesday.
According to the report, the move has left hundreds of highly qualified Pakistani doctors jobless. A lot of them, who are in Saudi Arabia, have been sacked or told to be ready for deportation.
After Saudi Arabia's decision, Qatar, the United Arab Emirates (UAE) and Bahrain followed suit.
The Saudi health ministry reportedly claimed Pakistan's MS (Master of Surgery) and MD (Doctor of Medicine) programmes lacked structured training programme which is a mandatory requirement to hire medics for higher positions.
Termination letters were issued to several doctors by the Saudi Commission for Health Specialties (SCFHS) saying their applications for professional qualification have been rejected as the Pakistani degree is not acceptable according to its regulations, the report said.
The development has worried many senior doctors in Pakistan, one of whom told Dawn that local health authorities will take up the matter with Arab countries.

Monday, July 29, 2019

Fears over Muslim parents withdrawing children from 'non-halal' flu vaccine

Muslim parents are refusing to allow their children to take part in a nationwide flu vaccine drive after the Muslim Council of Britain ruled the treatment was forbidden by Islam.
Public health officials have raised concern over the number of Muslim children expected to be withdrawn from a major programme beginning in schools next month.
For the first time, every healthy child of primary school age in England will be offered a nasal spray vaccine to protect people of all ages from the virus.
But Muslim parents across the country have been told that the Fluenz spray is not permitted because it contains gelatine derived from pigs, which are considered unclean.
In some areas the “vast majority” of Muslim parents have vowed to withdraw their children from the programme, community leaders revealed.
Tonight the Royal Society for Public Health said the situation “added to the risk of major flu outbreaks” and urged the government to offer a halal alternative vaccine acceptable to Muslims.
Since 2013 the nasal spray vaccine has been gradually introduced to healthy children, beginning with youngsters in nursery school. An injectable alternative without gelatine does exist, but is only offered to children at higher risk.
The programme has resulted in a significant reduction in flu cases, and from August the Fluenz spray will be offered to every child between the ages of two and ten.
However Public Health England documents seen by the Telegraph reveal concern that uptake in Muslim areas has already been “significantly lower” than the average.
“Vaccine uptake is significantly and independently associated with increasing deprivation, ethnicity and areas with the largest Muslim populations,” the document says.
Across England, the document adds, the most common reason for refusal given by parents was “vaccine contains porcine gelatine”.
"Religious faith is an important area for public health efforts so that the gap between these populations and baseline groups is minimised further," it says.

Saturday, July 20, 2019

How smugglers sneaked in gold worth Rs 1,300 crore

The Air Intelligence Unit (AIU) of the Customs nabbed an airline employee who attempted to smuggle 24.5 kg of 24-carat pure gold worth Rs 8.2 crore through the Sardar Vallabhbhai Patel International Airport.

The Customs Department this week busted what is estimated to be the biggest single gold smuggling racket in Gujarat. About 4,000 kg of gold worth Rs 1,300 crore is reckoned to have been smuggled through Ahmedabad airport in the past six years. 

Customs officials say this is only the tip of the iceberg and further probe may lead to the rise in the gold booty. The rampant smuggling of gold came to light after Jignesh Savaliya, an airline employee at Sardar Vallabhbhai Patel International Airport (SVPIA) was arrested along with Lokesh, a carrier, a month and a half ago. Savaliya was nabbed by the Air Intelligence Unit (AIU) of the Customs while attempting to smuggle 24.5 kg of 24-carat pure gold worth Rs 8.2 crore through the airport. Lokesh, who flew in on a Fly Dubai flight from the UAE on June 4, had handed over the 22 bars of gold weighing 1kg each and 25 biscuits of 100 grams each to Savaliya. 

Their questioning led to the unfolding of the biggest gold smuggling racket in the state. Customs officials have found Savaliya to be the most important link in the chain. His unrestricted access to the different areas at the airport allowed him to carry out the operation under the very nose of multiple security agencies, including the Customs, CISF, AIU, Bureau of Civil Aviation Security who guard the entry points. Sources said that Savaliya had access in cargo as well as passenger areas – that is not even provided to Customs officials. How they operated Once a message was received that a carrier was on board a particular flight, Savaliya would go on standby on the passenger side of the international terminal, sources said. Once the carrier got out of the aircraft, the exchange would take place immediately and the gold would change hands on the aerobridge itself. Once the exchange was completed, the carrier, acting like any other international passenger, would declare nothing at the Customs desk and exit the airport. 

Meanwhile, Savaliya would exit the aerobridge from its external staircase and go through the cargo bay doors, where he also had access. Investigators are trying to figure out how this happened. Savaliya would evade Customs and would easily pass on the illicit gold to Vijay Raval, who waited outside the airport and transport it to Rutugna Trivedi, the mastermind. Trivedi would then sell it to jewellers in the local Indian market, thus legitimising the booty. Who is involved in the racket Special Public Prosecutor Sudhir K Gupta said, “Six of the 10 accused who were arrested by the Customs have been sent to judicial custody. Financiers Jitendra Rokad and Mehul Bhimani, transporter Vijesh aka Vijay Raval, carriers Divya Bhundiya and Lokesh and airline staffer Jignesh Savaliya were sent to judicial custody on July 16 for 14 days.” 

However, mastermind Rutugna Trivedi, his wife Hina who sent the gold from Dubai, accountant Nita Parmar and carrier Bhargav Tanti are absconding. 

More names are likely to crop as probe proceeds, said officials. With teams sent out to look out for the accused, Customs is working with national agencies to use diplomatic channels in an attempt to get Hina Trivedi deported from the United Arab Emirates. 

 While names of only three carriers have been revealed, there are more than seven in all who ferried the 4,000 kg of gold to India from 2013 to 2019, sources said. Divya Bhundia is accused of having ferried 1,285 kg of gold worth Rs 420 crore in 73 trips from Dubai, Customs officials are still trying to figure out how much gold each of the other six carriers ferried from the UAE. Intelligence failure.
Along with investigation into this smuggling case, two more parallel investigations are underway whose outcomes will establish how the smuggling operation continued for six years. A senior IRS official said, “It is highly unusual for an airline employee, a ground staff member, to be given access to passenger areas as well as cargo areas. The two should not be mixed and still, this was not the case here, which is why they could evade Customs.” On the other hand, an internal evaluation of security lapses and intelligence failures is underway across different forces to find out how no intelligence about this racket went undetected for six years. A senior official said, “We are trying to learn from this failure and assess why no intelligence was developed earlier in this matter.” 

Wednesday, July 17, 2019

SC Order In Karnataka MLAs Case

In the name of maintaining 'constitutional balance', the Court passed an order nullifying the effect of Clause 2(b) of Schedule 10 of the Constitution.

The Supreme Court walked a tight rope to maintain 'constitutional balance' in the Karnataka MLAs' case.
The rebel MLAs wanted their resignations to be accepted fast by the Speaker and pleaded that they should not be forced to attend the House.
The Speaker said that MLAs have already incurred disqualification under Tenth Schedule of the Constitution and urged that the Court cannot direct the Speaker to take decisions within a time frame.
The MLAs raised the concern that decision on resignation is being delayed so as to force them to support the incumbent government in the trust vote, lest they will face disqualification for violating the party whip.
The matter witnessed a marathon hearing, with arguments based on Articles 190, 212 and Tenth Schedule of the Constitution.
On Wednesday(July 17), the bench of CJI Ranjan Gogoi, Justices Deepak Gupta and Aniruddha Bose   Passed an interim   Order giving Speaker as much time as he required to decide on resignations, and permitting the MLAs to stay out of the House proceedings, if they choose to do so, until further orders.
"We also make it clear that until further orders, the 15 members of Assembly ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the said proceedings or to opt to remain out of the same", ordered the Court.
This was passed after the Court observed that "The imperative necessity, at this stage, is to maintain the constitutional balance and the conflicting and competing rights that have been canvassed before us".
The seemingly innocuous portion of the order which says that the MLAs cannot be compelled to attend the house proceedings has potential for a lot of repercussions, especially in view of the trust vote of the Congress-JD(S) government scheduled to take place tomorrow.
It is relevant to note that the Court was conscious of the trust vote tomorrow, as this fact is specifically recorded in the order.

"Such an interim exercise has been prudent in view of certain time frame exercises(s) that is in the offing in the Karnataka Legislative Assembly, particularly, the non-trust motion against the present Government, which we are told is due for being taken up on 18th July, 2019", the bench observed in this regard.
The liberty given by the apex court to dissident legislators will in effect enable them to defy any party whip issued to them to attend the trust vote tomorrow, and thereby to ward off any consequences of disqualification.
As per Clause 2(b) of Schedule 10 of the Constitution, abstaining from voting in House contrary to any direction issued by the political party to which the legislator belongs to will cause disqualification on the ground of defection.
Schedule X of Constitution

2. Disqualification on ground of defection.—(1) Subject to the provisions of paragraphs 4 and 5, a member of a House belonging to any political party shall be disqualified for being a member of the House—
(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention
The Supreme Court's order has empowered the legislators to act against Clause 2(b) of Schedule 10. In other words, the order has extinguished the impact of Clause 2(b) of Schedule 10 of the Constitution in this case, depriving the political parties of the power to issue party whips to their members to attend the trust vote session.
Acceptance of resignation a matter of Speaker's discretion.
If one examines the constitutional scheme, it becomes clear that acceptance of resignation by the Speaker is not a matter of right of a legislator. It is the Speaker's discretion.
This is clear from proviso to Article 190(3(b) of the Constitution, which says that the Speaker shall not accept the resignation if he is satisfied that it was not voluntary or genuine.
Article 190(3)
(3) If a member of a House of the Legislature of a State
(a) becomes subject to any of the disqualifications mentioned in clause ( 1 ) or clause ( 2 ) of Article 191; or
(b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his seat shall thereupon becomes vacant:

Provided that in the case of any resignation referred to in sub clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation
The Speaker had argued before the Court that the enquiry into resignation is inextricably linked with disqualification proceedings under Schedule 10. The inter-connection between these two proceedings is an issue which the Court said it will consider in detail later.
Anyhow, from the plain text of Constitution, two things follow :
  • Resignation is not a matter of right of an MLA.
  • A political party has power to direct its member to be present in voting in house, and non-compliance of such a direction will lead to the member's disqualification on ground of defection.
That being so, how can a person, who continues to be an MLA with the resignation having not been accepted by the Speaker, claim a right to abstain from House proceedings, particularly in view of Schedule 10?
In the process of maintaining 'constitutional balance', the Court passed an order nullifying the effect of Clause 2(b) of Schedule 10 of the Constitution, enabling the rebel MLAs to escape the consequences of defying party whips.
According to me, the order goes against the spirit of anti-defection laws.

Accountant’s 1,700 upskirt images taken on his iPhone

A HIGH-FLYING young accountant was caught with 1,700 ‘upskirt’ images of women he had filmed on his iPhone, a court heard.
Leon Chan, who works for global giant PricewaterhouseCoopers, was found out after trying to film a customer at Top Shop in Oxford Circus, London.
A store detective saw him behaving suspiciously with his phone as the unsuspecting woman was bending over, Westminster magistrates were told. 
Chan was detained and immediately handed over his phone and its PIN. 
Police examined the device and found the vast stash of images. 
Michael Magarian QC, defending, said Chan could be ‘described as a high-flyer’ and had achieved a first-class degree in economics at Leeds University. 
Mr Magarin added: ‘He is in a very, very good job. All of this behaviour was during a short period over Christmas and he will now face professional disciplinary proceedings.’
Chan, of Whitechapel, east London, admitted one count of outraging public decency by filming or attempting to film up women’s skirts, on or before January 1 this year. He will be sentenced later at Southwark crown court after magistrate Victoria Readman told him: ‘We are very concerned in relation to the seriousness of the offence.’

Sunday, July 14, 2019

Ukraine to chemically castrate paedophiles and rapists in prison under new laws

New laws in Ukraine will see convicted paedophiles and rapists forcibly castrated by chemical injection.
The legislation will potentially apply annually to thousands of men aged between 18 and 65 found guilty of raping or sexually abusing minors.

Paedophiles will face "coercive chemical castration" under the the new system.
This "involves the forced injection of anti-androgen drugs consisting of chemicals that should reduce libido and sexual activity", reported Ukrinform news agency.
The law will apply to all child rapes including "unnatural" rape and sexual abuse of children above and below the age of puberty.
In 2017 official figures showed 320 child rapes in Ukraine but the numbers of paedophile sex abuse cases are believed to run into the thousands.
New legislation could apply annually to thousands of men aged 18-65 found guilty of sex crimes against youngsters.