Nirbhaya convicts lawyer trying to defeat speed of law: Prosecution

Agencies
January 25, 2020

New Delhi, Jan 25: The Patiala House court on Saturday started hearing a plea filed by the Nirbhaya convicts that alleged that the Tihar Jail administration have "not presented the papers on time".

The Public Prosecutor informed the court that Tihar Jail authorities have already supplied the relevant documents. He further informed that these are mere delaying tactics adopted by the convicts.

Advocate A.P. Singh, lawyer for three of the four death row convicts in the Nirbhaya gang-rape case had moved an application before the court seeking directions to the Tihar Jail authorities to supply him the relevant documents in order to exercise the remaining legal remedies available with the death row convicts -- Vinay Pawan and Akshay.

The Public Prosecutor also told the court that he spoke to the jail authorities over the phone and a report in this regard will be filed shortly as the jail officials were on their way to the court.

The judge demanded from the convicts lawyer to show what he has filed.

The convicts lawyer, A.P. Singh, said that he received some documents, but has still not been supplied with the personal diary of one of the convict -- Vinay Kumar Sharma and also the medical documents.

Judge then asked the lawyer to wait for until the report arrives form the Tihar Jail.

On this, the convicts lawyer said he was not questioning the intention of the jail. "I know the jail has been changed. It isn't there fault, too," he said.

The Public Prosecutor refuted the allegation saying that the defence counsel was trying to defeat the speed of law.

"We have supplied all the documents to the counsel. We have supplied all the documents except the painting and some other documents. We have nothing apart from that," public prosecutor said.

Singh, in his plea filed before the Patiala House Court sought urgent orders of the court in order to file a mercy petition of Vinay Sharma and in relation to requests for documents for convicts Vinay Sharma, Pawan Kumar Gupta and Akshay Kumar Singh.

He further said that the convicts undertook several steps to obtain relevant information necessary for filing the mercy petitions. In regular interval, the convicts requested the concerned authority to supply documents pertaining to their medical records from 2012 to 2015 and 2019-2020, records of cellular confinement, records of the amount earned in prison through labour, records of educational and reformative activities like Tihar Olympics and Painting, etc.

The Supreme court had recently dismissed the curative petition for the other two convicts -- Vinay Kumar Sharma (26) and Mukesh Singh (32).

The court had recently issued death warrant against the convicts and fixed 6 a.m. on February 1 as the date and time of execution of the death penalty.

The 23-year-old victim in the case was brutally gang raped and tortured on December 16, 2012, which later led to her death. All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and subsequently upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

A Juvenile involved in the crime was convicted by a juvenile justice board and released from a reformation home after serving a three-year term.

Hearing in a different case, Chief Justice of India S.A. Bobde on Thursday said a condemned person cannot fight the death penalty endlessly and it was important for the capital punishment to reach its finality.

The death penalty, he noted, cannot be questioned at every turn by the convict.

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Agencies
September 25,2020

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New Delhi, Sept 25: Vodafone Group Plc has won an international arbitration case against the Indian government in a ₹14,200 crore retrospective tax dispute, according to two sources with direct knowledge of the matter.

The tribunal ruled that the Indian government's imposition of a tax liability on Vodafone is in breach of the investment treaty agreement between India and the Netherlands, one of the sources said.

The British telecom giant moved the Hague-based International Court of Justice (ICJ) in 2016.

Vodafone in 2013 had invoked India-Netherlands bilateral investment treaty seeking resolution to the tax demand imposed on it by enacting a tax law with retrospective effect to sidestep a Supreme Court judgement that went in the company’s favour.

Conciliatory proceedings were initiated to resolve the dispute but differences led to a breakdown following which arbitration was initiated.

The government had initially slapped a tax demand of ₹7,990 crore on Vodafone for failing to deduct tax on capital gains made over its $11-billion acquisition of 67% stake in the mobile phone business owned by Hutchison Whampoa in 2007.

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News Network
September 21,2020

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Noida, Sept 21: Financial services app Paytm has accused Google of making policies that are over and above the laws of India after it was briefly delisted from the Playstore last week.

"As a startup, we are running law-abiding businesses and building for India. Google and its employees are making policies which are over and above the laws of our country, and are arbitrarily implementing them," it said in a blogpost.

Paytm said Google owns Android which is the operating system on which over 95 per cent of smartphones in India run. Google, as a result, has enormous control over which apps you download through its Playstore policies.

"It also makes billions of dollars in advertising revenues from the Indian startups that make these apps. In many cases like maps, email, payments, shopping and cloud storage, Google also has apps that compete with other apps, including, of course, the apps that are made by Indian startups."

Paytm said it had launched a campaign where users could collect cricket stickers and scratch cards to earn UPI cashback. The offer was applicable on recharges, utility payments, UPI money transfers and adding money to Paytm wallet.

On September 18, it got an email from Google Play Support informing that the Paytm Android app had been delisted.

This was the first time that Google was sending it a notification regarding its UPI cashback and scratch cards campaign.

"Contrary to accepted practise, we were not given any opportunity to respond to their concerns or put forth our views. We maintain that our cashback campaign was within guidelines, as well as all laws of the land. We did not break any rules and there was no violation. It is not related to gambling in any manner whatsoever," said Paytm.

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Agencies
September 14,2020

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New Delhi, Sept 14: Domestic equity benchmark Sensex jumped over 300 points in early trade on Monday tracking gains in index majors Reliance Industries, HDFC twins and HCL Tech amid positive global cues and fresh foreign fund inflow. The 30-share BSE index was trading 340.10 points or 0.88 per cent higher at 39,194.65; while the NSE Nifty rose 89.15 points or 0.78 per cent to 11,553.60.

HCL Tech was the top gainer in the Sensex pack, surging around 5 per cent, followed by Tech Mahindra, HDFC duo, Reliance Industries, TCS, SBI and IndusInd Bank. On the other hand, HUL, Asian Paints, Maruti, Bajaj Auto and Nestle India were among the laggards.

In the previous session, Sensex ended 14.23 points or 0.04 per cent higher at 38,854.55, while the broader Nifty rose 15.20 points or 0.13 per cent to close at 11,464.45. Exchange data showed that foreign institutional investors bought equities worth Rs 1,175.81 crore on a net basis on Friday. Domestic equities opened on a positive note tracking positive cues from global markets and persistent foreign fund inflow, traders said.

Bourses in Shanghai, Hong Kong, Seoul and Tokyo were trading with gains in mid-day deals after Biopharmaceutical giant AstraZeneca and the University of Oxford on Saturday resumed trials for their coronavirus vaccine in the UK after the Medicines Health Regulatory Authority's approval. The human trials resumed days after a pause was announced in the trials after an adverse reaction in one of the participants. Meanwhile, global oil benchmark Brent crude was trading 0.35 per cent lower at USD 39.97 per barrel. 

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