Tag: penalty

‘Sensitive issue’, SC declines to commute Balwant Singh Rajoana’s death penalty

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New Delhi: The Supreme Court on Wednesday declined to grant relief on a plea filed by Balwant Singh Rajoana, seeking commutation of his death penalty in the 1995 assassination case of former Punjab Chief Minister Beant Singh and others, in view of over 10 years delay in deciding a mercy petition, saying “it is within the domain of the executive to take a call on such sensitive issues”.
A bench comprising justices B.R. Gavai, Vikram Nath and Sanjay Karol said the petitioner himself never submitted any mercy petition and the alleged mercy petition of 2012 was filed by the Shiromani Gurdwara Parbandhak Committee (SGPC).
“We may also record here that the three decisions relied upon by Mukul Rohatgi in support of his submission regarding inordinate delay in disposal of the mercy petition and resultantly commutation in such cases having been granted by this court, do not help the petitioner in view of the facts and situation being different in those three cases and in the present case,” said the bench.

Justice Nath, who authored the judgment on behalf of the bench, said: “We also find that the Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation or creating law and order situation.”
The bench said it would not be within its domain to delve upon the decision of the competent authority to defer taking of any decision at present.
“It is within the domain of the executive to take a call on such sensitive issues. As such, this court does not deem it appropriate to issue any further directions,” it said.
The bench noted that the stand of the Ministry of Home Affairs to defer the decision on the mercy petition of the petitioner “actually amounts to a decision declining to grant the same for the present”.
The top court, in its judgment on Rajoana’s plea, said, “It is, however, directed that the competent authority, in due course of time, would again as and when it is deemed necessary, may deal with the mercy petition, and take a further decision. The writ petition is disposed of accordingly with the aforesaid observations.”

The bench noted that after the communication of the Ministry of Home Affairs on September 27, 2019, the proposal for considering the commutation of the death sentence of the petitioner was started.
“A decision was taken to keep the same pending till disposal of the pending appeals before this court, filed by the co-accused as well as by the CBI, as according to the competent authority, it would have a bearing and it could be relevant for taking a final decision on the said proposal of commutation,” said the bench.
However, after the directions issued on December 2, 2020 and May 2, 2022, the matter was again considered by the competent authority and it was decided to defer the question of commutation in view of the reasons given in the affidavit filed by the Ministry of Home Affairs, observed the bench.
“Thus, it cannot be alleged that there has been an inordinate delay in disposal of the mercy petition,” said Justice Nath.
Former Chief Minister of Punjab Beant Singh, along with 16 others, lost their lives while a dozen others were injured in a bomb blast in August 1995. Rajoana was arrested on January 27, 1996. Rajoana, along with eight others, who had hatched a conspiracy and had executed the bomb blast, were put to trial.
In July 2007, the trial court convicted Rajoana along with co-accused Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh. The petitioner along with co-accused Jagtar Singh Hawara were awarded death sentence.
In death reference, the high court vide judgment dated December 10, 2010 confirmed the conviction and sentence of the petitioner. However, while confirming the conviction of co-accused Jagtar Singh, it commuted the death sentence into life imprisonment.
The other co-accused preferred to appeal before the top court. However, Rajoana did not file any appeal after the judgment of the high court.
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#Sensitive #issue #declines #commute #Balwant #Singh #Rajoanas #death #penalty
( With inputs from www.siasat.com )

May 3, 2023
Google pays entire Rs 1,338 cr penalty to CCI in Android case

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New Delhi: In probably the first case of a Big Tech giant paying a penalty to the Indian regulators as the government aims to bring a new Digital India Act, Google has paid the entire penalty amount of Rs 1,337.76 crore imposed by the Competition Commission of India (CCI) in the Android case.
Reliable sources told IANS on Tuesday that the entire penalty amount has been deposited in the Consolidated Fund of India, within the 30-day deadline given by the National Company Law Appellate Tribunal (NCLAT) in its order.
The Indian market regulator had imposed the penalty on Google in October 2022 for allegedly exploiting its dominant position in the Android market.

Earlier this year, Google announced to comply with the CCI’s directives for Android.
“The CCI’s recent directives for Android and Play require us to make significant changes for India, and we’ve informed the CCI of how we will be complying with their directives,” Google had said in a statement.
“We’re updating the Android compatibility requirements to introduce changes for partners to build non-compatible or forked variants,” said Google.
Through user choice billing, developers can offer users the option to choose an alternative billing system alongside Google Play’s billing system when purchasing in-app digital content.
The changes came as a Supreme Court bench said that the findings by the CCI cannot be said to be “without jurisdiction or with manifest error” and affirmed the NCLAT order, declining to grant interim relief to Google.

The bench directed the NCLAT to dispose of Google’s appeal by March 31, and granted Google seven days to deposit 10 per cent of the Rs 1,337.76 crore penalty imposed by the CCI.
Google had alleged that the CCI copy-pasted parts of a European court order without examining associated evidence in India.
The CCI has also imposed a penalty of Rs 936.44 crore on Google in a separate case for abusing its dominant position with respect to its Play Store policies.
In response to Google’s announcement of implementing its new Google Play payments policy, the Alliance of Digital India Foundation (ADIF) had expressed deep concern over the policy change and has demanded that the new policies must be put on hold, since Google charging a nearly 30 per cent service fee on app developers will prove to be a significant blow to the Indian startup ecosystem.
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#Google #pays #entire #penalty #CCI #Android #case
( With inputs from www.siasat.com )

May 2, 2023
KCCI Addresses Concerns With EPFO Recovery And Penalty Notices

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SRINAGAR: The Kashmir Chamber of Commerce & Industry (KCC&I) recently held a meeting on April 28^th 2023, with Mr. Rizwan ud din, Commissioner of the Employees’ Provident Fund Organization (EPFO) in Jammu and Kashmir, to address concerns expressed by KCC&I member entities regarding recovery and penalty notices issued by EPFO under various provisions, particularly under Section 14B of the EPFO MFACT.
During the meeting, several stakeholders were present along with the KCC&I Office Bearers. The Commissioner of EPFO was accompanied by the Enforcement Officer of EPFO, Kashmir, Ankur. The stakeholders expressed their grievances with the issuance of penalty and recovery notices under Section 14B.
It was explained during the meeting that default or delay in payment and filing of relevant returns was caused by peculiar situations arising from the total restrictions imposed on public life in the State following the abrogation of Article 370 in August 2019. This included internet shutdowns and other means of communication for nearly four months. The woes that the business of public life had suffered through the unpredictable restrictions were further compounded with the life-threatening Covid-19 pandemic.
Based on these facts, the KCC&I pleaded with the Commissioner to quash the demand raised through the notice issued under various provisions, especially Section 14B of EPF&MFACT, and condone the delay in filing the returns. The Commissioner was impressed upon to appreciate the ground situations prevailing during those difficult phases of disturbing events and takes a view accordingly.
The Commissioner listened keenly and enlightened the stakeholders about the applicability and implications of the relevant rules for persisting non-compliance of the Act. He advised that a proper representation be made to the Ministry concerned asking for waiver of the penalties.
The KCC&I is currently working out the details to be brought on the representation to be addressed to the concerned Ministry for favourable consideration, as advised by the Commissioner of EPFO. Faiz Ahmad Bakshi, Secretary-General of KCC&I, stated that the KCC&I will continue to work towards finding solutions to the issues faced by its members and the business community in Kashmir.

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#KCCI #Addresses #Concerns #EPFO #Recovery #Penalty #Notices

( With inputs from : kashmirlife.net )

May 1, 2023
EPFO Penalty Proceedings Against Lawful Procedure: FCIK

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SRINAGAR: The Federation of Chambers of Kashmir (FCIK) has taken strong exception to the penalty proceedings launched by the Employees Provident Fund Organisation (EFPO) against hundreds of employers in Jammu and Kashmir valley under section 14B of the Provident Fund Act for making belated payments after respective due dates of filling of returns during January 2019 to April 2023 and has termed the action against the procedure established by law.
In a statement, the FCIK has challenged the prudence of the organisation for having invoked section 14B of the Act which could only be done under concrete evidence regarding any culpable state of mind of the employer while committing default in timely remittances. FCIK stated that the action taken by EPFO had sent shockwaves to employers for the reason that this provision of the Provident Fund Act was extremely harsh and envisaged for recoveries through coercive methodology including attaching bank accounts and properties.

FCIK regretted that EPFO J&K had completely played ignorant to the prolonged lockdowns during the reorganization of state, Covid restrictions coupled with snapping of internet services which had led to complete halt to business activities in Jammu and Kashmir during aforementioned time period and has asked that how could EPFO expect employers to follow normal rules and regulations under most abnormal conditions when the very movement of people had been restricted.
FCIK has taken up the matter with Central Provident Fund Commissioner GOI with a plea to quash the demands raised by EPFO against J&K employers. While giving an overview of the operational and economic conditions of enterprises in J&K particularly in Kashmir valley, FCIK has solicited intervention of the CPFC for quashing of demands raised by EPFO J&K against employers for penal damages including interest and administrative charges during the period of January 2019 to April 2023. The waiver of penal damages was also sought in consideration of Central Provident Fund Organisation’s own Circular No C-1/Misc./2020-21/vol.1/1112 dated 15-05-2020 and relevant apex Court directions, reads the statement of FCIK.

Previous articlePoonch Attack: Over Dozen Detained For Questioning As Search Operation Continues

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#EPFO #Penalty #Proceedings #Lawful #Procedure #FCIK
( With inputs from : kashmirlife.net )

April 21, 2023
Hyderabad youths held for driving dangerously – Know penalty for such offences

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Hyderabad: Hyderabad police recently took action against six youngsters who were driving their vehicles dangerously at Malakpet.
These youngsters were performing daredevil stunts on their two-wheelers, all for the sake of the social media craze.
They were shooting videos of their acts on their cellphone and later uploading them on social media. After receiving complaints, police took action against them for reckless behaviour.

After coming to know about the incident, the police analysed CCTV cameras to identify the youth. Soon after identifying them, the police seized three vehicles from them.
The police called the youngsters along with their parents and counselled them about the dangers of reckless driving and the consequences of such behaviour.
Penalties for reckless driving in Hyderabad
Under the Motor Vehicles Act, 1988, driving a vehicle dangerously at high speed, rash and negligent driving may attract a fine of Rs. 1000 as per section 184(b). A fine of Rs. 1000 can also be imposed on those who drive a vehicle dangerously, posing a threat to the lives of other people.
Apart from these sections, section 279 of the Indian Penal Code (IPC) deals with situations where a person drives a vehicle dangerously, posing a threat to the lives of other people. Under this section, the penalty will be decided by the court, which can be much more severe than the fines levied under the Motor Vehicles Act.
The penalties for reckless driving and dangerous driving must be stringent enough to deter people from engaging in such behaviour. Driving dangerously not only puts the lives of the driver at risk but also endangers the lives of other people on the road.

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#Hyderabad #youths #held #driving #dangerously #penalty #offences
( With inputs from www.siasat.com )

April 11, 2023
Andhra Pradesh: Rs 3 crore penalty on TTD for FCRA violation

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Tirupati: The Reserve Bank of India (RBI) has imposed a penalty of Rs 3 crore on India’s richest religious trust, Tirumala Tirupati Devasthanam (TTD) for violation of Foreign Contribution Regulation Act (FCRA).
TTD chairman Y.V. Subba Reddy said on Monday that the RBI has imposed the penalty for not adhering to FCRA norms while depositing foreign currency dropped by devotees in ‘Hundi’ into the bank accounts.
He said the TTD’s FCRA license lapsed in 2018 and since this has not been renewed yet, the TTD board is facing problems in depositing foreign currency in its bank accounts.
Subba Reddy also revealed that the TTD has paid the RBI penalty of Rs 3 crore in two installments. The TTD has also requested RBI to renew the FCRA license.
The TTD chairman said the TTD currently has foreign currency amounting to Rs 30 crore. The foreign currency was dropped by devotees anonymously in ‘Hundi’ at Tirumala temple.
The TTD manages the affairs of Sri Venkateswara temple atop Tirumala, considered as the world’s richest Hindu temple, and some other shrines in different parts of the country.
Meanwhile, Subba Reddy reviewed the arrangements made at Tirumala for the summer season.
The TTD also decided to issue Divya Darshan tokens from April 1 for the devotees who walk up to the hill shrine.

Every day, 10,000 tokens will be issued per day for pilgrims using Alipiri walkway. Another 5,000 tokens will be issued for those reaching the temple through the Tirumala steps route.
Subba Reddy said during summer break, recommendation letters will be reduced. The TTD also decided to tighten the rules in the matter of allotment of rooms in Tirumala.
The TTD chairman said that with the introduction of face recognition technology, accommodation will be provided to devotees in a transparent manner.
Last week, the TTD announced that it has passed a Rs 4,411 crore budget for 2023-24, a big jump of 43 per cent over the previous year.
The budget for 2023-24 is said to be the highest since the TTD’s inception in 1933.
The big increase in budget size was attributed to the phenomenal rise in Hundi collections or devotees’ offerings at the ancient temple.
For the current year, the lion’s share of revenues totalling Rs 1,591 crore are anticipated from Hundi and other capital receipts. Similarly, interest receipts are expected to generate Rs 990 crore, while Rs 500 crore is expected to be realised from laddu and other ‘prasadam’ sales.
(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)
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#Andhra #Pradesh #crore #penalty #TTD #FCRA #violation
( With inputs from www.siasat.com )

March 27, 2023
Hill lawmakers are reacting to yet another school shooting this year — with Rick Scott proposing consideration of an “automatic death penalty” for perpetrators.

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A 28-year-old woman fatally shot three students and three adults at the Covenant School in Nashville, Tenn.

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#Hill #lawmakers #reacting #school #shooting #year #Rick #Scott #proposing #consideration #automatic #death #penalty #perpetrators
( With inputs from : www.politico.com )

March 27, 2023
RBI imposes Rs 3.06 cr penalty on Amazon Pay (India) for violation of norms

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Mumbai: The Reserve Bank of India on Friday said it has imposed a penalty of over Rs 3.06 crore on Amazon Pay (India) Private Limited for non-compliance with certain provisions related to Prepaid Payment Instruments (PPIs) and Know Your Customer (KYC) direction.
“It was observed that the entity was non-compliant with the directions issued by RBI on KYC requirements,” the RBI said in a statement.
The RBI had issued a notice to Amazon Pay (India) advising it to show cause as to why penalty should not be imposed for non-compliance with the directions.
“After considering the entity’s response, RBI concluded that the aforesaid charge of non-compliance with RBI directions was substantiated and warranted imposition of monetary penalty,” it said.
The central bank, however, added the penalty is based on deficiencies in regulatory compliance and not intended to pronounce upon the validity of any transaction or agreement entered into by the Amazon Pay (India) with its customers.
Amazon Pay is the digital payment arm of e-commerce giant Amazon.
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#RBI #imposes #penalty #Amazon #Pay #India #violation #norms
( With inputs from www.siasat.com )

March 3, 2023
Calcutta HC slaps penalty on headmistress for delaying transfer process

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Kolkata: A single judge bench of the Calcutta High Court on Friday reprimanded the headmistress of a leading girls’ school in West Bengal on charges of contempt of court.
A penalty of Rs 10,000 has been imposed on Nirupama Hazra, the headmistress of Harkirtinagar Balika Vidyalaya in East Burdwan district, on charges of contempt of court for not abiding by an earlier court order for initiating the process of transfer of a teacher of the same school on medical grounds.
Pronouncing the order, the single judge bench of Justice Rajasekhar Mantha directed that either the headmistress concerned will have to pay the penalty within seven days, or the same amount will be deducted from her salary for the next month.
Justice Mantha also gave clear instruction to the District Inspector of Schools on this count.
The matter is related to a transfer petition filed by Hamida Khatun, who had been teaching in the school for the last five year. She is a resident of Gokarna in South 24 Parganas district.
Last year, she had applied for transfer on medical grounds to any school in her home district near to her residence.
“Failing to evoke any response, she made an appeal to the Calcutta High Court to grant her transfer plea. The court in August last year, after examining the relevant documents, had directed the school authorities to initiate the process of her transfer within six weeks. However, nothing was done in this regard since then, prompting Khatun to again approach the court with the contempt of court petition,” Khatun’s counsel Firdaus Shamim told mediapersons on Friday.
Justice Mantha had issued a summon to the headmistress to be present at his court on Friday. As she appeared before the bench, Justice Mantha sought explanations from her about the delay in initiating the transfer process even after a clear order from the court.

However, the headmistress was unable to give any satisfactory reply.
Meanwhile, the District Inspector of Schools informed the court that his office received the necessary documents from the headmistress to initiate the transfer process just a few days back.
Observing that the delay on the part of the headmistress in initiating the transfer process was a clear case of contempt of court, Justice Mantha imposed the penalty of Rs 10,000 on her.
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#Calcutta #slaps #penalty #headmistress #delaying #transfer #process
( With inputs from www.siasat.com )

February 24, 2023
Godhra train burning case: Gujarat govt seeks death penalty for 11 in SC

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New Delhi: The Gujarat government on Monday told the Supreme Court that it will press for the death penalty to 11 convicts in the 2002 Godhra train burning case, as it was a ‘rarest of the rare and grave offence.” The death penalty of these 11 convicts was commuted to life imprisonment by the Gujarat High Court.
Solicitor General Tushar Mehta, representing the Gujarat government, submitted before a bench headed by Chief Justice of India D.Y. Chandrachud that state is seriously pressing for death penalty for the convicts, which the Gujarat High Court commuted to life imprisonment.
Mehta said, “This is the rarest of rare cases where 59 people, including women and children, were burnt alive,” and added that it is consistent everywhere that the bogey was locked from outside and 59 died.
In February 2002, 59 people were killed when a coach of the train was burnt at Gujarat’s Godhra, triggering riots in the state.
The bench, comprising justices P.S. Narasimha and J.B. Pardiwala, queried Mehta, “will they be entitled to premature release (as per the Gujarat government policy).”
Mehta said not in this case, as TADA was invoked and stressed it is “rarest of rare case, grave offence”. Mehta was assisted by advocate Swati Ghildiyal, standing counsel for Gujarat.
The top court asked counsel for both sides to submit a consolidated chart giving details such as actual sentences awarded to the convicts and the period spent in jail till now.
After hearing arguments, the bench fixed the bail pleas of several accused in the case for hearing after three weeks.

During the hearing, Mehta informed the bench that 11 convicts were sentenced to death by the trial court and 20 others granted life term in the case. He further added that the high court upheld total 31 convictions in the case and commuted the death penalties of the 11 convicts to life term.
The Gujarat government had moved the apex court challenging the commutation of death penalty into life imprisonment for 11 convicts.
The apex court was informed that several accused in the matter have challenged the high court order upholding their convictions in the case.
On December 15 last year, the Supreme Court granted bail to one of the accused in the 2002 Godhra train burning, which was followed by communal riots in Gujarat.
Last month, the Supreme Court had issued notice to the state government on the bail pleas of Abdul Raheman Dhantia alias Kankatto, Abdul Sattar Ibrahim Gaddi Asla and others.
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#Godhra #train #burning #case #Gujarat #govt #seeks #death #penalty
( With inputs from www.siasat.com )

February 20, 2023