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SC Notice To Enforcement Directorate on Vijay Mallya’s plea

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Vijay Mallya

New Delhi, Dec 7 : The Supreme Court on Friday issued notice to the Enforcement Directorate on beleaguered industrialist Vijay Mallya’s plea challenging the proceedings before a Mumbai court seeking to declare him a fugitive economic offender and attach his assets.

Issuing notice to the ED and the Maharashtra government, a bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul, however, did not put on hold the proceedings before the Mumbai Special court against Mallya under the Fugitive Economic Offenders Act.

Senior counsel Fali Nariman, who appeared for Mallya, said that any such declaration would directly affect the rights of the various parties including the lending banks who are seeking the recovery of their money given to now grounded Kingfisher airlines.

Mallya has challenged the November 22, 2018 order of Bombay High Court rejecting his plea on the preliminary grounds that the October 30 order of the Special Court under the Prevention of Money Laundering Act, 2002 (PML Act) was not appealable under Section 17(1) of the Fugitive Economic Offenders Act (FEO Act).

The High Court had said that the October 30 order of the Special Court under the Prevention of Money Laundering Act, 2002 and the Fugitive Economic Offenders Act could not be appealed under the FEO Acty as the Special Court had not decided any issue or determined any right of Mallya.

Mallya in his petition has said that the Bombay High Court should have given primacy to the determination of a question whether he was in possession of any “proceeds of crime”, which he contended could only be decided in the “earlier proceedings pending before the appellate tribunal”.

“The dismissal of stay application amounts to determination of an issue, apart from adversely affecting the petitioner’s rights,” Mally said in his appeal against the High Court order.

The appeal further contended that the declaration that Mallya was “an alleged fugitive economic offender could not be viewed in vacuum and in disjunction from the issue of confiscation of properties/assets under FEO Act”.

It contended that “an order declaring Mallya as an alleged “fugitive economic offender” and thereafter not proceeding to order confiscation of his properties/assets would amount to passing an order in futility.

The appeal has said that the High Court had failed to appreciate that all the assets and properties of which confiscation was sought were the subject matter of proceedings initiated by ED under PMLA and the probe agency was already in possession of them.

The Directorate of Enforcement in July moved the Special Court under the PML Act seeking to declare Mallya as a “fugitive economic offender” under the Fugitive Economic Offenders’ Act, 2018, and confiscate his assets worth around Rs 12,500 crore.

India

PM Modi comes in defence of Harivansh, shares letter to Prez

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Narendra Modi

New Delhi, Sep 22 (IANS) After openly coming in support of Rajya Sabha Deputy Chairman Harivansh, Prime Minister Narendra Modi on Tuesday shared a letter written to President Ram Nath Kovind by the Deputy Chairman over the Upper House ruckus issue.

“I read the letter written to the Honourable President by Honourable Harivansh ji. Every word of the letter has given new faith in our belief in democracy. This letter is inspiring and praiseworthy. There is truth and sensitivity in it. My request is, all citizens must read it,” said the Prime Minister.

In the said letter, the Deputy Chairman has listed the “violence” and “intimidation” by a few Rajya Sabha members. He stressed he was born in the village of JP, whose social reform call changed India’s polity in the past. He also mentioned how the ruckus has affected him.

The Deputy Chairman quoted Dinkar and said he would observe a day’s fast against Sunday’s ruckus by a few opposition members in the Upper House.

Earlier Prime Minister Modi tweeted, “Everyone saw 2 days ago how he was humiliated, attacked in the temple of democracy and then the same people sat on a dharna against him. But you will enjoy that today, Harivansh ji made the same people drink tea from his house in the morning.”

The eight suspended MPs, who created a ruckus, had been sitting on a dharna in the Parliament House premises since Monday. The protest was later called off.

–IANS

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Govt lists 4 Bills for passage in LS on Tuesday

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Parliament of India

The Central government has listed three Labour Bills and one Finance Bill for passage in the Lok Sabha during the ongoing session of Parliament on Tuesday.

The Occupational Safety, Health And Working Conditions Code, 2020; Code On Social Security, 2020; Industrial Relations Code, 2020; and Factoring Regulation (Amendment) Bill, 2020 are among the Bills listed in the Legislative Business.

The Bills will be moved after the House will assemble for the day at 3 p.m.

Union Labour and Employment Minister Santosh Gangwar will move the ‘Occupational Safety, Health And Working Conditions Code, 2020’ to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment.

The Minister will also move the Bill on the ‘Code On Social Security, 2020’, which seeks to amend and consolidate the laws relating to social security. The aim of the Bill is to extend the security to all employees and workers either in the organised or unorganised or any other sectors.

He will also move the ‘Industrial Relations Code, 2020’ Bill to consolidate and amend the laws relating to Trade Unions, conditions of employment in an industrial establishment or undertaking, investigation and settlement of industrial disputes.

The government on Saturday introduced three Bills related to the labour laws, including on industrial relations, in the Lok Sabha amid opposition from the Congress and a few other parties. He had also withdrawn the three Bills that were introduced last year. The Minister then said that over 29 labour laws have been merged into four codes and that one of them has already been passed.

The Code on Wages Bill, 2019 was passed by Parliament last year. Gangwar had noted that the government engaged in wider consultations over these Bills with various stakeholders and that more than 6,000 comments were received online on the Bills.

These Bills were later sent to the Standing Committee and 174 of its 233 recommendations have been accepted, the Minister had said.

Finance Minister Nirmala Sitharaman will move the Factoring Regulatio

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Without comprehensive reforms, UN faces ”crisis of confidence’: PM Modi

India’s Permanent Representative to the UN Ambassador T S Tirumurti introduced Prime Minister Modi’s pre-recorded statement from the UN General Assembly Hall.

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Narendra Modi

United Nations, Sep 22: The United Nations faces a “crisis of confidence” without comprehensive reforms, Prime Minister Narendra Modi has said, asserting that the world needs a reformed multilateralism that reflects today’s realities, gives voice to all stakeholders, addresses contemporary challenges and focuses on human welfare.

Prime Minister Modi’s call for reformed multilateralism assumes special significance as it comes on the eve of India taking a seat at the powerful UN Security Council as an elected non-permanent member for a two-year term beginning January 1, 2021.

“We cannot fight today’s challenges with outdated structures. Without comprehensive reforms, the UN faces a crisis of confidence,” Modi said on Monday in his video address to the High-Level meeting of the General Assembly to commemorate the 75th anniversary of the United Nations.

As the UN marks 75 years of its existence, the 193-member UN General Assembly adopted a forward-looking political declaration that gave a clarion call for strengthening mechanism to combat terrorism, reformed multilateralism, inclusive development and better preparedness to deal with challenges like the COVID-19 pandemic.

Noting that the declaration also acknowledges the need for reform of the United Nations itself, Modi said, “For today’s interconnected world, we need a reformed multilateralism that reflects today’s realities, gives voice to all stakeholders, addresses contemporary challenges and focuses on human welfare.”

He said India looks forward to working with all other nations towards this end.

India’s Permanent Representative to the UN Ambassador T S Tirumurti introduced Prime Minister Modi’s pre-recorded statement from the UN General Assembly Hall.

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