UK yes to Indian vax, junks 10-day quarantine order

UK yes to Indian vax, junks 10-day quarantine order

Saurabh.Sinha@timesgroup.com

New Delhi:08.10.2021

From October 11, Indians who have been fully vaccinated with WHO-approved Covishield will not be required to undergo the mandatory 10-day quarantine on arrival in the UK, ending a standoff between the two countries.

The travellers who have had their second doses — of Covishield or another UK approved vaccine — at least 14 days before landing in the UK will not be required to take a pre-departure Covid test or the day 8 test following their arrival.

It said cleared travellers only needed to take a Covid test on day 2, which also can be the less expensive “lateral flow” test instead of an RTPCR test. The decision came hours after MEA spokesperson Arindam Bagchi described the UK’s earlier decision to quarantine fully vaccinated Indians as “discriminatory”.

Visas for foreign tourists from Oct 15

Almost 19 months after suspending tourist visas, the Centre said it will begin issuing tourist visas for foreigners arriving on chartered flights from October 15. P 14

We’ll have 4,000 O2 plants: Modi

India will soon have 4,000 oxygen plants, said PM Modi on Thursday while digitally inaugurating 35 pressure swing adsorption oxygen plants set up under the PM Cares Fund across the country. P 14

Sero positivity in TN above 60%

Barring four districts, the sero positivity rate across Tamil Nadu was above 60%, shows the results of the third sero survey study by the directorate of public health. P 6

British high commissioner calls for more Britain-India flights

It said cleared travellers only needed to take a Covid test on day 2, which also can be the less expensive “lateral flow” test instead of an RTPCR test. The decision came hours after MEA spokesperson Arindam Bagchi described the UK’s earlier decision to quarantine fully vaccinated Indians as “discriminatory”.

British high commissioner to India Alex Ellis tweeted on Thursday night: “No quarantine for Indian travellers to UK fully vaccinated with Covishield or another UK-approved vaccine from October 11. Thanks to Indian government for close cooperation over last month.” In a video message, Ellis said, “We have been actually open for Indian travellers for months. We have been issuing thousands of visas to students, business travellers, tourists.… Some of the noise about this issue over the last few weeks just shows how keen people are to travel to the UK.”

He added, “Let’s open up more flights between the two countries. Let’s get British tourists able to come into India, they are desperate to do so. Let’s facilitate business travellers who are trying to come into India with e-visas.”

UK’s secretary of state for transport Grant Shapps tweeted: “I’m making changes so travellers visiting England have fewer entry requirements by recognising those with fully-vaccinated status from 37 new countries and territories, including India, Turkey and Ghana.” The UK had so far not accepted India’s Covishield certification due to which travellers were treated as unvaccinated and required to undergo 10-day quarantine with expensive Covid tests on day 2 and 8 of arrival. India had from October 4 reciprocated by imposing similar conditions from arrivals from the UK.

SC: What is basis of fixing income limit of ₹8L for EWS category?

QUESTIONS APPLICATION OF SAME INCOME CRITERIA

SC: What is basis of fixing income limit of ₹8L for EWS category?

AmitAnand.Choudhary@timesgroup.com

New Delhi  08.10.2021

: Questioning the Centre on the basis for fixing an annual income limit of ₹8 lakh for the economically weaker sections (EWS) category, which is the same for determining the creamy layer for OBCs, the Supreme Court on Thursday asked if it had conducted a study or exercise before taking the decision.

A bench of Justices D Y Chandrachud, Vikram Nath and B V Nagarathna, which is hearing a batch of petitions challenging the Centre’s decision to implement OBC and EWS reservation in the All India Quota for medical admission, raised the question on how the same income criteria could be applied across the country. How can a person’s earning in a small town or village be equated with those earning the same income in a metro city, it asked. The petition said per capita income of states are different and applying the same criteria may not be reasonable as the bar should be linked with cost of living or per capita income.

“What is the basis of fixing of ₹8 lakh criteria? Whether there was any study done before taking the decision. You have to demonstrate on what was the data or statistics on the basis of which it was done,” the bench said. It said even House Rent Allowance given to a government employee is not same and depends on place of posting and suggested that income criteria for EWS reservation should be linked to cost of living of a place instead of making it uniform across the country.

It said the income limit fixed for the OBC category for determining creamy lawyer could not be mechanically implemented in the EWS category as well. It said that there was no concept of social backwardness for the EWS category who are from forward classes and the creamy layer criteria for the Socially and Educationally Backward Classes may not be an automatic fit.

Senior advocate Arvind Datar, appearing for the petitioners, contended that a scientific system needs to be adopted by the government while determining economically weaker sections. His view was supported by senior counsel Shyam Divan who was appearing for a group of MBBS doctors who approached the court against the Centre’s decision.

Full report on www.toi.in

Can’t cancel SC certificate as person went to church: Madras HC

Can’t cancel SC certificate as person went to church: Madras HC

Court pulls up officials for assuming woman had changed religion just because she married a Christian

Published: 07th October 2021 05:44 AM 

By Express News Service

MADURAI: Criticising a scrutiny committee for cancelling the community certificate of a Scheduled Caste woman on the assumption that she converted to Christianity, the Madurai Bench of Madras High Court quashed the cancellation order, and advised the committee to deal with such matters with a broad mindset in the future.

Hearing the petition filed by a woman doctor from Ramanathapuram, a Division Bench, comprising Chief Justice Sanjib Banerjee and Justice M Duraiswamy, noted that the committee had assumed that she converted to Christianity, because she had married a Christian and also displayed a ‘cross’ symbol at her clinic.

“It is possible that the petitioner accompanied her husband and children for Sunday matins, but the mere fact that a person goes to church does not mean that he or she has altogether abandoned their original faith. The conduct of the officials reveals a certain degree of narrow-mindedness which our Constitution does not encourage. Nothing may be presumed upon a member of a particular community respecting another community or another religion and, indeed, that is the Constitutional mandate and not otherwise,” the Chief Justice observed.

Holding that the officials took the decision without proof, the judges quashed the cancellation order and ordered restoration of the petitioner’s community certificate. Earlier, the government counsel had cited a notification passed in 2015, and argued that the petitioner could have moved an appeal before the government department concerned instead of approaching the High Court.

However, the judges pointed out that as per a G.O. passed by the Adi Dravidar and Tribal Welfare Department in 2007 for formation of the scrutiny committee, the petitioner was right in approaching the High Court. According to the G.O, appeal against decisions taken by such committees could only be filed before the High Court and Supreme Court.

Kerala woman gives birth on board Air India London-Kochi flight

Kerala woman gives birth on board Air India London-Kochi flight

Giving birth on a flight is not something unheard of, but the state of mind of each individual on board witnessing the event, especially the fellow travellers, is beyond imagination.

Published: 07th October 2021 06:29 AM 

By Aishwarya Prabhakaran

Express News Service

KOCHI: Giving birth on a flight is not something unheard of, but the state of mind of each individual on board witnessing the event, especially the fellow travellers, is beyond imagination. But, rest assured, there will be nurses and doctors nearby, given the famed Malayali presence in the healthcare sector, especially nurses, globally. And hence, there’s always help at hand, even if an emergency arises midair.

Air India crew and health workers

with the woman and baby after the

delivery | Source: Twitter

A similar incident took place on Tuesday morning on Air India’s flight from London to Kochi. A Keralite woman who boarded the flight with her family experienced labour pain after the flight took off from London and was crossing over the Black Sea, a large inland sea situated at the southeastern extremity of Europe. The 29-week pregnant woman was lucky enough as the Kerala-bound flight had two doctors and four nurses to help her deliver the baby boy.

Shinu Suresh, a Kollam-based co-passenger on the flight, shared on his Twitter handle how the Air India cabin crew, health professionals and passengers extended all help they could offer to the mother and newborn.

“The flight turned into an operation theatre in a short span. All passengers were trying to help them in one way or another. Indeed, teamwork,” he tweeted.

An Air India spokesperson said the doctors informed the crew that both the mother and newborn needed medical care at the earliest. “The situation was intense. We took the necessary steps and arrangements for the flight to land in Frankfurt and arrange a medical team at the airport to carry the mother and newborn to the hospital safely,” the spokesperson.

The spokesperson told TNIE that the woman complained of stomach pain after she had her meal on the flight. She informed the cabin crew that she was seven months pregnant and was going into labour. The flight had sufficient medical supplies (first aid kits and universal precaution kit (UPK) and physician kit) to perform the delivery. Hence, the baby was born prematurely, both the mother and baby needed medical care at the earliest, the doctors informed the crew. Thus, the flight was diverted to Frankfurt.

“The mother, newborn and a family member of the woman were deboarded at Frankfurt airport,” he added.

The flight reached Kochi airport at 9.45am on Wednesday. “The AI-150 crew members were felicitated at the airport for their timely action,” said an official at CIAL. “The flight was supposed to reach Kochi at 3.45am. It had more than 170 passengers on board,” he added.

The Kollam-based passenger tweeted an update on the mother and baby he got from the medics who helped with the delivery. “Spoke to the medics who helped deliver the baby. Both mom and baby are doing well,” he tweeted.

LG clears deck for new DU VC to take charge

LG clears deck for new DU VC to take charge

TIMES NEWS NETWORK

New Delhi:07.10.2021

Lieutenant governor Anil Baijal on Wednesday approved chief minister Arvind Kejriwal’s proposal to relieve Yogesh Singh from the post of the vice-chancellor of Delhi Technological University.

Singh was appointed as the new vice-chancellor of Delhi University on September 22.

In an official order issued, Delhi government’s department of training and technical education said: “Lieutenant governor Anil Baijal has approved the proposal recommended by the chief minister for relieving Yogesh Singh from the post of vice-chancellor of Delhi Technological University on October 7 to enable him to join Delhi University as the vice-chancellor.”

The order added that JP Saini, vice-chancellor of Netaji Subhas University of Technology would be assigned additional charge of DTU’s vice-chancellor for a period of three months or till Singh’s successor is selected.

Delhi Technological University will also be organising a farewell for Singh on Thursday.

423 from UK sent to 10-day home quarantine in 3 days

423 from UK sent to 10-day home quarantine in 3 days

Sidhartha.Roy@timesgroup.com

New Delhi: 07.10.2021

Over 400 UK nationals who have arrived in Delhi since Monday have been sent for mandatory home quarantine. Sources said that even transit passengers from the UK who were going to other states had to give their sample for an RT-PCR test at the Delhi airport. No passenger has tested positive for Covid-19 yet.

The central government has decided to impose the “reciprocal” quarantine conditions on the British nationals after the United Kingdom refused to reconsider its decision to treat fully-vaccinated Indians as unvaccinated. The new regulation was issued on October 4 by the Union health ministry, which are applicable to all UK nationals arriving in India, regardless of their vaccination status.

The new regulation includes a pre-departure Covid-19 RT-PCR test within 72 hours before travel, Covid-19 RT-PCR test on arrival at the airport and another RT-PCR test on Day 8 after the arrival and mandatory quarantine at home or in the destination address for 10 days after arriving in India. Prior to the new regulation, the British nationals had to undergo extra screening upon arrival due to the UK’s own surge in December. This included seven days in home quarantine and an RT-PCR test at the airport on arrival.

A total of 423 United Kingdom nationals have arrived in Delhi in 10 different flights since the new regulation came into effect, including 56 in one flight at the time of going to the press. The passengers have to give a self-affidavit, declaring that they will follow the guidelines dated October 4, 2021 and that they will remain in home quarantine for the next 10 days and get tested through RT-PCR on Day 8 from the day of arrival.

“Such safety protocols have already been there and for all international passengers who have to get screened by taking a Covid-19 RT-PCR test and remain in home quarantine. Only those who test positive for Covid-19 have to remain in institutional quarantine,” a senior Delhi government official said. “The only difference in this new regulation for the UK nationals is that the length of home quarantine is longer and the requirement of another test after eight days,” he said.

The official said that while all international passengers were screened for Covid-19, the UK nationals were being identified separately and it was ensured that they were put under surveillance separately. “Usually, passengers are asked to remain in home quarantine, but now in the case of UK nationals, the district officials at their destination are being alerted immediately and it is their responsibility to keep the passengers under a health surveillance,” he added.

“Also, not only passengers destined for Delhi and getting out of the airport arrival terminal, but also samples for the RT-PCR test for transit passengers are being taken. The authorities of the state they are visiting are informed and in case the test result comes out positive, the local authorities are alerted immediately,” he said.

GOVT OFFICIAL SAYS

Only the passengers who return positive test for Covid-19 have to remain in institutional quarantine

HC: Can’t help corpn staff not doing their job

HC: Can’t help corpn staff not doing their job

New Delhi:07.10.2021

Delhi High Court on Wednesday said it was not obliged to come to the aid of municipal workers and press for payment of their salaries when they were not discharging their functions on ground, leaving the capital in a “dismal state”.

A bench of Justices Vipin Sanghi and Jasmeet Singh, hearing a batch of petitions on non-payment of salaries and pensions to teachers, hospital staff, sanitation workers and engineers employed by the municipal corporations, expressed its displeasure at the state of cleanliness and upkeep of the capital.

“While on the one hand, we are pressing for payment of salaries and pensions, it appears that the municipal employees, especially safai karamcharis, are not discharging their duties... As a result, in the city, there is an increase in the case of dengue, collection of garbage and malba, and broken roads and pavements,” the HC bench stated.

“Not a single piece of plastic has been removed from there. It continues to be just as dirty and shabby... cows are eating all that plastic. They will die,” remarked Justice Sanghi while referring specifically to the Sainik Farms area. PTI

US district court order opens doors for non-immigrant visa holders like H-1Bs

US district court order opens doors for non-immigrant visa holders like H-1Bs

Lubna.Kably @timesgroup.com

07.10.2021

A US district court judge has prohibited the use of travel bans as an excuse to not process or issue visas, such as H-1Bs — a non-immigrant visa. While the US is gearing up to open its doors from November to fully vaccinated travellers, this decision by the district court of Columbia, pronounced on October 5, is good news for H-1Bs and their dependants (such as spouses holding H4 visas) who had found themselves stranded in India while visiting their family. H-1Bs who were allotted visas under the lottery mechanism also found themselves unable to get their visas processed.

Travel bans were imposed under a ‘presidential proclamation’ earlier by former President Donald Trump and later by President Joe Biden. A fallout was that visa processing came to a halt. No non-immigrant visas were issued unless the individual could claim a carve out under the ‘National Interest Exemption’, which itself was a challenging task.

On April 30, 2021, US President Joe Biden issued a proclamation restricting the entry of non-immigrants (green card holders were exempt from the ban) who were physically present within India during the 14-day period preceding their entry or attempted entry into the US. TOI had covered filing of the lawsuit by several individuals including Indian nationals in its edition of June 3.

The lawsuit complaint had stated: “Several plaintiffs are long-term employees of US companies, who have been stuck outside of the US and whose careers are at risk, as they cannot return to their jobs, homes, and communities.” Before the district court, they claimed that the proclamations had hurt them as the US department of state “has refused to process their non-immigrant visas”, “to schedule interviews or adjudicate their visa applications”, or “to issue the visas”. They said currently “…consular officials are categorically precluded from processing their visa applications unless they fall under an exemption, regardless of the capacity and reopening status of local consulates and embassies.” While Judge James E Boasberg did not order the department of state to immediately adjudicate the plaintiff’s cases he has debarred the use of the travel ban proclamation as an excuse to refuse visa processing. Greg Siskind, one of the immigration attorneys who represented the plaintiffs, said, “This is a pretty important win because it was specifically aimed at killing the illegal interpretation across the board. This will also hopefully bar a president in the future from abusing this power.”

E-token for entry to Mansa Devi temple

E-token for entry to Mansa Devi temple

Arvind.Bishnoi1@timesgroup.com

Panchkula:07.10.2021

The nine-day Ashwin Navaratra celebrations begin from Thursday and Shri Mata Mansa Devi Shrine Board (SMMDSB) has made special arrangement from maintenance of law and order to the facilities given to the devotees, who come in large number from across the country to pay their obeisance at the Mata Mansa Devi temple in Panchkula and Kali Mata temple in Kalka. Entry at the temple will be allowed only through e-token system and special e-token counters have also been set up. However, no capping on the number of devotees is fixed. Random Covid sampling of devotees would be done.

The SMMDSB officials have stated that a devotee could obtain e-token from their website www.mansadevi.org.in or through the three counters setup by the administration at the bus stand of Mansa Devi Temple, HUDA shopping complex and near the library near the main temple entry. The counters will remain open from 6am to 10pm to assist the devotees.

For preferential darshan facility, an amount of Rs 50 to be paid through the SMMDSB website and 10-person at one time would be allowed to go through lifts at the temple.

During the nine-day Navaratras, 20 special buses for devotees from Zirakpur bus stand, Sector-17 and 43 bus stands in Chandigarh among free auto rickshaw and e-rickshaws for elderly and physically disabled would be run for the devotees during the festival. For following of Covid-19 protocol, e-tokens would be given to the devotees, but no cap on the number of devotees has been fixed so far.

For law and order, a sufficient number of cops, bomb disposal teams would be deployed, for fire safety, two fire tenders would be appointed atthe Mata Mansa Devi Temple throughout the festival. Chief executive officer of SMMDSB Yetender Sen Gupta said they were all set for the nine-day festival and all necessary arrangements had been made in advance.

Mansa Devi temple all decked up to receive devotees for Navaratra

AI to fly over Hindu Kush on way to UK

AI to fly over Hindu Kush on way to UK

Saurabh.Sinha@timesgroup.com

New Delhi:  07.10.2021

The increased flying time for Air India nonstop between Delhi and UK and Delhi and North America since Afghan airspace closed on August 16 is going to reduce significantly with the airline deciding to fly over the mighty Hindu Kush range for the first time. This new routing will see Boeing 777s and 787s soaring over Tirich Mir (7,780 metres), the world’s highest peak outside the Himalaya-Karakoram range.

Since mid-August, nonstop flights on these routes, including PM Narendra Modi’s recent US journey on India One, have taken the longer route via south Pakistan below Afghanistan and then via Iran-Turkey instead of the shorter Pakistan-Afghanistan-Turkmenistan/ Uzbekistan route. Now heading straight north towards Kashmir, over the Hindu Kush range and then the usual route to the west will mean less flying time for passengers and fuel saving for AI at a time when fuel prices are on fire.

“The flying time for north American nonstop flights will come down by up to 40 minutes and for the UK (London and Birmingham) by 20 minutes — almost like before the Afghan airspace closed,” said an airline source. “Our nonstops between Delhi and mainland Europe will continue to take the south Pakistan route for now as determined by our cost benefit analysis.”

The sources said that on the return from north America, an aircraft will save four tonnes of fuel (one tonne while going and three on return). On a return UK flight, the saving will be 2.5 tonne. At the moment, due to travel restrictions in the United States (likely to be lifted from early November), there aren’t too many daily flights, but AI will still save 30 tonne per week using the Hindu Kush route.

“At $800 per tonne of fuel, the weekly saving alone is $24,000, or around Rs 18 lakh at the current currency exchange rate,” confided a source. “When restrictions are lifted and we mount more flights to north America, the savings will multiply. Once the Afghan airspace reopens, we will resume the old route.” Canada, for instance, has just permitted nonstop flights from India and AI has resumed its direct Delhi-Toronto and Delhi-Vancouver services.

Carrying less fuel will mean more payload in terms of passengers and/or cargo. So, the benefit of say, four tonne less fuel will be double — lesser fuel and the differential amount in extra payload.

For the high terrain route, Air India has prepared through extra simulator drills, trial runs and special precautions.

AIMING HIGHER

Now, pay ₹10-₹50 extra for taking a train from revamped stations

Now, pay ₹10-₹50 extra for taking a train from revamped stations

Dipak.Dash@timesgroup.com

New Delhi:07.10.2021

Soon, you would have to pay a user fee ranging between Rs 10 and Rs 50 for boarding trains from stations that have been redeveloped or will be redeveloped in the near future. Similar charges will also be levied for de-boarding the trains at stations that have been revamped or will be revamped soon. This fee will be automatically added to the fare while booking tickets. The user fee would be in five categories, higher for AC First Class and subsequently less for AC-2, AC-3, Sleeper and unreserved classes.

The railway ministry will soon notify the fee, which will be an assured source of revenue for the private players who will develop these stations and the ministry hopes this will encourage more private players to bid for the projects.

Sources said though earlier the railways had sent the proposal to seek approval from the Cabinet, now a decision has been taken that the national transporter will notify the charges on its own and will come out with the detailed policy.

“We are hopeful of the notification in the next 4-5 days. It will bring clarity if the charges can also be levied on passengers boarding from or de-boarding at stations where redevelopment work is underway or if it will be applicable for only redeveloped stations,” said an official.The levy of the user fee will mean the train fare will increase.

For example, if a passenger books a ticket from New Delhi to Mumbai, then the ticket price would include the user fee of both stations.

However, if a passenger books a ticket from a smaller station to New Delhi or Mumbai, then the user fee would be 50% of the normal charge.

Sources said to begin with the railways may roll out the user fee regime at 50 stations.

COSTLY AFFAIR

‘Displaying Holy Cross no ground to cancel SC cert’

‘Displaying Holy Cross no ground to cancel SC cert’

Madurai:  07.10.2021

Can a Holy Cross and other religious symbols and practices displayed by a Dalit be cited to cancel his/her Scheduled Caste certificate? No, said the Madras high court, calling it a “bureaucratic narrow-mindedness” the Constitution never foresaw, reports K Kaushik.

In a recent order, the first bench of Chief Justice Sanjib Banerjee and Justice M Duraiswamy held that merely because a member of the Dalit community married a Christian and her children have been recognised as members of her husband’s community, the SC certificate issued to her cannot be cancelled.

‘Conduct of authorities portrays a degree of narrow-mindedness’

The court made the observations while allowing a petition filed by P Muneeswari of Ramanathapuram district in 2016, seeking to quash a 2013 order passed by the district collector cancelling her community certificate. A doctor by profession, she was born to Hindu Pallan (a Scheduled Caste) parents and certified so in accordance with law. She then married a Christian and raised her children also as members of the Christian community.

Citing this, her certificate was revoked by the district authorities. When she challenged the decision in court, officials said they visited her clinic and found a Holy Cross hanging on the wall. On this basis, the officials conjectured that she had converted to Christianity and was, thus, disqualified from retaining the Hindu Pallan community certificate. Slamming the argument, the first bench said: "There is no suggestion in the affidavit that she has abandoned her faith or that she has embraced Christianity. It is equally possible that she, as a part of a family, may accompany her husband and children for Sunday matins, but the mere fact that a person goes to church does not mean that such person has altogether abandoned the original faith to which such person was born."

The judges further said: "The acts and conduct of the authorities portray a degree of narrow-mindedness that the Constitution does not encourage." It would do well for the members of the scrutiny committee to approach the matter with a broader mind than is evident in the present case, they said. Judges directed the authorities to restore the certificate originally issued in favour of Muneeswari with immediate effect.

‘Displaying Holy Cross no ground to cancel SC cert’

 ‘Displaying Holy Cross no ground to cancel SC cert’

K.Kaushik@timesgroup.com

Madurai:07.10.2021

Can a Holy Cross and other religious symbols and practices displayed by a dalit be cited to cancel his/her Scheduled Caste certificate? No, said the Madras high court, calling it a “bureaucratic narrow-mindedness” the Constitution never foresaw. In a recent order, the first bench of Chief Justice Sanjib Banerjee and Justice M Duraiswamy held that merely because a member of the dalit community married a Christian and her children have been recognised as members of her husband’s community, the SC certificate issued to her cannot be cancelled.

Under SC fire, govt agrees to revert to old NEET-SS system

Under SC fire, govt agrees to revert to old NEET-SS system

New Pattern To Be Effective From Next Year

Dhananjay.Mahapatra@timesgroup.com

New Delhi:07.10.2021

Put under the pump following scathing criticism from the Supreme Court, the Centre, National Medical Commission and National Board for Education in medical sciences buckled and informed the court that the NEET-Super Speciality examinations will be as per the erstwhile pattern for the academic year 2021-22. The changed pattern will be applicable from the 2022-23 session onwards.

Additional solicitor general Aishwarya Bhati for the Centre and senior advocate Maninder Singh for NBE informed that in deference to the SC's views, it has been decided to implement the new pattern of question and subject-wise distribution of marks, implementation of which from current academic session was under challenge, from the following academic years. As of now, the court decided not to go into the correctness of the new examination pattern.

As many as 41 MD doctors had approached the SC through advocate Javedur Rehman alleging that the government changed the rules of the game after the starting whistle by completely altering the question pattern and subjectwise distribution of marks for the NEET-SS from what it was since 2018 and notifying the changes more than a month after the schedule of examination was announced. This, they said, jeopardised preparations of 12,000 doctors aspiring for super speciality courses.

Bhati informed the court that doubts of the SC about changes being made to benefit private medical colleges were unfounded as from among 414 colleges offering super speciality courses, 118 in government, and 296 in private sector and as many as 802 seats went vacant last year,” the ASG said.

Notices issued to seize property, arrest doctors over ₹10L bond

COVID DUTY ROW

Notices issued to seize property, arrest doctors over ₹10L bond

TIMES NEWS NETWORK

Ahmedabad:07.10.2021

To tighten the noose around doctors who did not respond on being summoned for Covid-19 duty during the second wave, the state government has started issuing notices to them for attachment of their properties or properties belonging to the guarantors who stood for them in lieu of the Rs 10-lakh bond executed during admission to PG medical courses.

The state government had ordered doctors who studied at government medical colleges and yet to discharge their bonds, to join Covid duty.

In the notices issued under provisions of the Bombay Land Revenue Code in September, the government authorities asked the doctors to either pay the bond amount and discharge themselves from the mandatory three-year rural service or properties belonging to them or their legal heirs or their guarantors would be attached and put on auction to recover the Rs 10 lakh bond amount.

In case of failure to pay the amount, the government also threatened to arrest them and put them behind bars and said that a proposal to this effect would be sent to the collectors and district magistrates concerned.

This threat has created panic among doctors and those who stood guarantors when they took admission and their families did not have enough money to pay off the bonds, and had relied on relatives to stand as guarantors.

In some cases, medical college authorities have issued notices to former students asking them to pay Rs 10 lakh and get themselves discharged from the bond. They have been given a seven-day period to pay up or the bank guarantee issued at the time of their admission would be forfeited.

Following the government’s communications, as many as 45 doctors have paid the bond amount and freed themselves from the liability. They are among 251 doctors, who had taken admission to PG medical courses before 2013, and who have approached the Gujarat high court against the state government’s notices issued in June for failure to turn up for Covid duty.

During the hearing on Wednesday, the petitioner doctors’ advocate, Amit Panchal, raised the issue. In response, the government pleader promised the court that the authorities would be told to go slow against the doctors in this regard.

After the government gave an assurance of going slow, the bench of Justice J B Pardiwala and Justice V D Nanavati asked it to file a reply in this regard

‘Language of law has to be English only’

LOST IN TRANSLATION?

‘Language of law has to be English only’

TIMES-NEWS NETWORK

Ahmedabad:07.10.2021

The Gujarat high court on Wednesday asserted that when it comes to the law, the language to be used in court is English only.

During a hearing of a case relating to appointments for the post of police sub-inspectors, the bench of Justice J B Pardiwala and Justice V D Nanavati made it clear that for the legal fraternity in India, the mandatory language is only English and the court does not know any other language.

The proceedings were with regard to the scoring of marks in English and Gujarati languages in examinations conducted for recruitment of PSIs. The candidates had scored less marks in English and performed better in Gujarati.

The lawyer argued that in Gujarat people are more conversant with Gujarati and even law books are available in Gujarati.

The judges immediately posed a question, “How will they read the Indian Penal Code and the Criminal Procedure Code? We don’t understandGujarati.” The lawyer argued further that even law books referred to in lower courts are in the Gujaratilanguage and Gujarat’s law journals also provide headnotes of judgments in Gujarati.

This led the judges to comment, “When it comes to the law, it has to be English and only English, and nothing else. You are sending a wrong signal to the legal fraternity. Any lawyer, any upcoming, budding lawyer who wants to practice without English is nothing in this fraternity. How will he understand the judgements delivered by the Supreme Court and various high courts? Will he bank upon the translations undertaken by law journals?” The lawyer argued on the prevalence of Gujarati in the lower courts and said, “But this is the hard reality.” The judges asserted again, “Whatever the reality may be. The language has to be English.”

Snake a deadly murder weapon, says SC; denies bail

Snake a deadly murder weapon, says SC; denies bail

Dhananjay.Mahapatra@timesgroup.com

New Delhi:07.10.2021

Accidental snakebite deaths may be common in India, but the Supreme Court on Wednesday said it is a heinous crime to use a poisonous snake as a ‘weapon’ to murder an elderly woman and refused to grant bail to the accused in a case from Rajasthan.

A bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli was dealing with this unique case.

A woman, married to an army man who was posted away from his hometown, was regularly talking to her paramour over phone, which was objected to by her mother-in-law. Her father-inlaw too was away as he worked outside his hometown. Irked by the nagging reprimands of her MIL, the daughter-in-law in conspiracy with her paramour and his friend, procured a poisonous snake from a snake charmer in Jhunjhunu district. Wrapped in a bag, she kept the snake near her MIL’s bed on the night of June 2, 2018. The elderly woman was found dead in the morning. The hospital she was taken to declared she died of snakebite.

Snakebite deaths being a normal occurrence in Rajasthan and many other states, the Jhunjhunu police took time to discover an unusual number of phone call exchanges, over 100, between the daughter-in-law and her paramour during the fateful night. It also found that these two have been in constant touch for a long time over the phone.

The police arrested the three — the woman, her paramour and his friend — and traced down the snake charmer from whom the ‘murder weapon’ was procured. The snake charmer turned approver and gave a statement under Section 164 CrPC before a magistrate that the paramour had procured the snake from him.

Arguing for the paramour, advocate Aditya Kumar Choudhary told the bench that his client was not present at the crime scene. “How would he be a part of the conspiracy when no one can predict whom the snake will bite? Just leaving a poisonous snake in the room does not mean the snake knew whom it should bite. The police have not authenticated the call records. The man is behind bars for more than a year.” To that, the bench said, “It is very common in Rajasthan to use poisonous snakes for committing murders. You have used an innovative method to commit a heinous crime. You were allegedly part of the conspiracy and provided the murder weapon (snake) after procuring it from the snake charmer. You do not deserve to be released on bail at this stage.” There are around five million snakebite cases worldwide every year causing around 1,00,000 deaths. India accounts for almost half of them. A WHO report said India had an estimated 1.2 million snake bite deaths (averaging 58,000 every year) in the period between 2000-2019.

“It is very common in Rajasthan to use poisonous snakes for committing murders”

Honourable acquittal alone can entitle job in forces: SC

Honourable acquittal alone can entitle job in forces: SC

Acquittal Due To Lack Of Evidence Not Enough: Top Court

Dhananjay.Mahapatra@timesgroup.com

New Delhi:07.10.2021

In an important judgment, the Supreme Court on Wednesday ruled that a candidate would be entitled to join any of the security forces or police only if he has got an ‘honourable acquittal’ from the judiciary and not a mere acquittal due to lack of evidence or benefit of doubt.

A bench of Justices Indira Banerjee and J K Maheshwari differentiated between ‘honourable’ and ‘mere’ acquittals, both terminologies emerging from judicial pronouncements as these do not find place in the criminal laws.

It said an honourable acquittal is one where the courts record that the person has been falsely implicated and that there is absolutely no evidence to link him to the crime.

However, a person is ‘acquitted’ for various other reasons including lack of sufficient evidence, benefit of doubt and prosecution witnesses turning hostile.

The bench reversed concurrent judgments of the single judge and division bench of Madhya Pradesh high court directing employment to be given to a person who was acquitted in a kidnapping case because the prosecution witnesses turned hostile.

The bench said it was not an honourable acquittal as the prosecution had alleged that the accused had indulged in physical violence against the witnesses, who in course of time turned hostile.

Writing the judgment, Justice Maheshwari said, “If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment, that too in disciplined force.”

“The employer has a right to consider his candidature in terms of the circulars issued by the Screening Committee. The mere disclosure of the offences alleged (by the candidate) and the result of the trial is not sufficient. In the said situation, the employer cannot be compelled to give an appointment to the candidate,” he said.

The SC said a person intending to join the police force must be a person of utmost rectitude and impeccable character and integrity. “A person having a criminal antecedents would not fit in this category. The employer has a right to consider the nature of acquittal or decide until he is completely exonerated because even a possibility of his taking to the life of crimes poses a threat to the discipline of the police force,” it said.

“If an acquittal is directed by the court on consideration of facts and material evidence on record with the finding of false implication or the finding that the guilt had not been proved, accepting the explanation of accused as just, it be treated as honourable acquittal. In other words, if prosecution could not prove the guilt for other reasons and was not ‘honourably’ acquitted by the court, it be treated other than ‘honourable’, and proceedings may follow,” it said.

A bench of Justices Indira Banerjee and J K Maheshwari differentiated between ‘honourable’ and ‘mere’ acquittals, both terminologies emerging from judicial pronouncements as these do not find place in the criminal laws

19-year-old nursing student found hanging in M’luru hostel

19-year-old nursing student found hanging in M’luru hostel

TIMES NEWS NETWORK

Mangaluru:07.10.2021

A 19-year-old first-year nursing student was found hanging in the hostel of a city hospital early Tuesday. In a note left behind, Nina, from Kadumeni village in Kasaragod stated that she was unwilling to “burden” her family with her education expenses, adding that her mother was not being paid regularly due to the pandemic and she did not want to add to her difficulties.

Sources said Nina had enrolled for the 2020-21 BSc nursing course and was worried about being able to continue her studies as her mother was single-handedly running the household. She was found hanging in the hostel bathroom and was rushed to a private hospital but couldn’t be saved.

“Since there were several allegations and suspicions about her death, I visited the college, interacted with her roommates at the hostel and met her parents and brother-inlaw,” city police commissioner N Shashi Kumar said. An unnatural death report has been registered at the Mangaluru East police station. The investigating team recovered a note, in Malayalam, that was probably written a day before her death. A hospital staff member who knows the language was asked to read it out.

In the note, Nina mentioned that ₹75,000 has been paid as fees and on paying the remaining amount, she would be provided with the uniform. Due to the pandemic, her mother’s salary was affected and Nina felt it would be tough for her family to meet her expenses under these circumstances, police said. Nina’s mother Jancy works as a deposit collection agent in a bank in Taliparamba.

Full report on www.toi.in

NEET: DMK delegation meets Kerala CM Pinarayi

NEET: DMK delegation meets Kerala CM Pinarayi

TIMES NEWS NETWORK

Chennai:07.10.2021

A DMK delegation led by Rajya Sabha MP T K S Elangovan on Wednesday met Kerala chief minister Pinarayi Vijayan in Thiruvananthapuram and submitted chief minister M K Stalin’s letter, urging the state governments to assert their constitutional rights and position in deciding the admission to the higher educational institutions.

“The delegation also submitted Justice A K Rajan committee’s recommendations (to do away with NEET),” a statement said. Stalin had on Monday shot off a letter to 12 chief ministers on the need to put up a united effort to restore the rights of the state government in the education sector as envisaged in the Constitution.

The state government had recently passed Tamil Nadu Admission to UG Medical Degree Courses Bill, 2021, to admit students in medical education based on class XII marks.

Tenkasi MP M Kumar and Kerala DMK organiser Murugesan were part of the delegation that met the Kerala chief minister.

Satellite campus of CUTN in Trichy soon

Satellite campus of CUTN in Trichy soon

TIMES NEWS NETWORK

Tiruvarur:07.10.2021

A satellite campus of the Central University Tamil Nadu (CUTN) in Tiruvarur will be set up in Trichy soon, university vice-chancellor M Krishnan said.

Thee VC said chief minister M K Stalin had promised his support to establish the campus in Trichy. “We met the CM last week to discuss the matter. He promised to provide necessary help to set up the satellite campus in Trichy. We need around 25 acres of land for the purpose. All these efforts are made to benefit more students from Tamil Nadu,” the VC said.

Regular classes, which had been suspended following the outbreak of Covid-19, will resume from October 20. “Students of UG third year and PG final year will be asked to attend class. Those coming in should be fully vaccinated and should also submit the relevant certificates,” he said.

A separate department for sports will be created soon at the University and a special fund has been requested for this, he said.

Earlier, Union minister of education and skill development and entrepreneurship Dharmendra Pradhan hoped that the students’ dreams would encompass the idea of doing something to better the lives of people less fortunate.

In a written message to students on the occasion of the sixth annual convocation via live streaming, he expressed hope that the country is going to witness a massive transformation in the education landscape in the years to come because of the various reforms.

TALKING ABOUT FUTURE:

Vice-chancellor of CUTN, Tiruvarur, M Krishnan speaks to reporters on Wednesday

Temple tanks shut, people perform rituals on streets

Temple tanks shut, people perform rituals on streets

Covid Norms Go For A Toss On Mahalaya Amavasya

TIMES NEWS NETWORK

Chennai:07.10.2021

Covid-19 regulations went for a toss on Wednesday as people thronged streets around temples tanks in the city to perform rituals for departed souls on the occasion of Mahalaya Amavasya. This led to largescale crowding and several people were spotted without face masks. The Hindu religious and charitable endowments (HR & CE) department had shut all temple tanks to avoid such crowding and possible spread of Covid-19.

When asked about the crowding and lack of enforcement of Covid-19 guidelines, the HR&CE department and Greater Chennai Corporation blamed each other.

At Vadapalani, the street leading to Vadapalani Andavar Temple entrance was packed. People performed rituals in groups seated on the road and were seen jostling for space as crowd swelled later in the morning. The ‘kariya mandapam’ managed by the temple ran out of space.

At Mylapore, Kapaleeswarar temple tank was out of bounds for the public and some mandapams, where the rituals were usually performed, remained inaccessible due to Covid-19 restrictions. People used the space around the tank here as well.

Similar was the case in the neighbouring Chengalpet and Tiruvallur districts. A few temples such as the Kandaswamy temple at Tiruporur on OMR and the Veeraraghava Perumal Temple at Tiruvallur remained closed to devotees and people crowded the streets around the temple tanks to perform rituals there as well.

When contacted, sources in the HR & CE department said it was the responsibility of the corporation to act if the rituals were performed on the streets, outside the temple tank.

An official source with the Greater Chennai Corporation said penalty was levied on some people near the Vadapalani temple for flouting Covid-19 norms. “But then, why was the ‘kariya mandapam’ belonging to Vadapalani Andavar temple crowded?” was the official’s reply to HR&CE reaction.

DEADLY MOVE: State’s precautions of shutting temples for Mahalaya Amavasya went to waste as people stood jostling for space on the street leading to Vadapalani Andavar Temple on Wednesday. They performed rituals for departed souls without masks and social distancing

Many AIADMK lawyers continue to represent govt

Many AIADMK lawyers continue to represent govt

Sureshkumar.K@timesgroup.com

Chennai:07.10.2021

Nearly 300 government lawyer posts in the Madras high court, its Madurai bench, district courts, boards, corporations and universities are either vacant or still being represented by lawyers appointed during the previous AIADMK regime.

Senior lawyers spearheading legal wing of the DMK, however, blame it on a stringent government order issued during the AIADMK regime, and the prevailing pandemic conditions.

Though the 2019 GO has been amended in July 2021 relaxing the stringent conditions, Covid-induced lockdown has delayed the appointment process, they said.

“We received over 2,800 applications for 240 posts. Scrutinising all the applications which run to several pages is not an easy task. We were very particular about selecting only qualified persons,” Tamil Nadu advocate-general R Shunmugasundaram said.

This apart, the short-listed candidate must clear police and Bar council verification. This has also delayed the process, he added. “Recommendations have been made. The appointments might be notified in a week or two,” he said.

As to the allegations that lawyers appointed during the previous AIADMK government are still representing the present government in many courts, Shunmugasundaram said, “Many of these lawyers are refusing to hand over the case bundles even after repeated requests. These issues will be sorted out soon.”

Explaining the causes for the delay in the selection process, DMK Rajya Sabha MP and designated senior advocate N R Elango said: “DMK came to power in May. Courts reopened in June, that too only virtually. Necessary amendments were made to the rules in July. Only in August were we able to start the selection process.”

Noting that there were many impediments in the 2019 rules, Elango said, “An applicant should mandatorily provide income tax returns to show income of minimum ₹1 lakh. Many could not comply with this condition as the profession was severely affected due to Covid-19.”

This apart, the rules required a minimum 3-year practise in the high court. All these impediments were removed by amending the rules, he said.

No unreserved passengers on trains while pandemic lasts

No unreserved passengers on trains while pandemic lasts

TIMES NEWS NETWORK

Chennai:07.10.2021

It may take longer for unreserved passengers to be allowed on express trains as railways will decide on it after Covid-19 situation improves.

Southern Railway general manager John Thomas told reporters that almost all of the express trains have resumed services and a few of the passenger trains as unreserved specials but unreserved passengers are not being allowed into express trains as the railway board wants the Covid situation to improve.

This will impact suburban commuters because several of them used to travel into the city for work using unreserved tickets from stations where suburban or main line EMU trains are not frequent.

He also said that the cost of the platform tickets too could be reduced only "if there is no third wave." He said that "we are not fully out of Covid. The cases have reduced but not down to zero. The idea of making the platform tickets expensive was to ensure that only essential people will enter the station."

Meanwhile, railways are going ahead with augmenting infrastructure. Two lines - the third line between Tambaram and Chengalpet and doubling of Madurai-Bodinayakanur line - are getting ready.

"We will have the commissioner of railway safety to inspect the lines in almost a month. In the Madurai-Bodinayakanur line we have been told to attend to a power line that is crossing."

The lines could be commissioned after the inspection. The Tambaram-Chengalpet third line will help railways to operate more suburban trains linking Chengalpet to the city.

Commenting on the productivity linked bonus that was announced by Indian Railways for non-gazetted staff on Wednesday, Thomas said that 72,241 employees of Southern Railway will get the benefit. That will be to the tune of Rs 130crore, he added.

He also said that the zone was able to achieve 95% punctuality and there was a 25% increase in earning from freight.

Suburban commuters will be affected because several of them travel into the city for work using unreserved tickets in express trains

People Vaccinated With COVAXIN Treated As Un-vaccinated In Foreign Countries' : Plea In Supreme Court Seeks Re-Vaccination

People Vaccinated With COVAXIN Treated As Un-vaccinated In Foreign Countries' : Plea In Supreme Court Seeks Re-Vaccination

Shruti Kakkar

5 Oct 2021 7:08 PM

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A Public Interest Litigation has been filed in the Supreme Court challenging the absence of the provisions of voluntary re-vaccination for persons who have been administered CoVAXIN in the present system of COVID-19 vaccination.

Preferred by Kartik Seth, an advocate practising in the Supreme Court of India, the PIL states that under the present scenario, a person is not allowed/permitted to get vaccinated with Covishield by registering on the official website of Government of India, "COWIN" after having been fully vaccinated with COVAXIN.

It is pointed out in the petition that all the individuals fully vaccinated with COVAXIN are being treated by all major countries as un-vaccinated individuals and are made to either quarantine or are not completely allowed within their borders. This is due to the lack of WHO approval for the home-grown vaccine.

"There has been a major latent lacuna in the entire vaccination system across the country which involves lack of awareness attributable to the respondents mainly. The respondents, at the time of rolling out of COVAXIN for use in the market, failed to make the public aware that it was not approved by the WHO and that it had not even submitted an application before WHO for approval which was submitted as late as in April, 2021. It was only in May, 2021 (five months after the commencement of vaccination drive) that it rolled out into the news that several nations are not allowing entry of people vaccinated with vaccines other than those enlisted in WHO's emergency use list. Another blemish in the vaccination drive was that until 1st May, 2021 (i.e., up to the first and second phase of vaccination drive), no choice of vaccination was made available to the public in India and it was the discretion and prerogative of the Government to administer whatever vaccine was available to the persons eligible for it. It was only from 1st May, 2021 (i.e. commencement of third phase of vaccination in India) that the public was allowed to choose the vaccine as per their own wish," petition states.

It has been argued that the manufacturers of COVAXIN, Bharat Biotech and the Government of India have failed to procure/obtain the WHO's Emergency Use Listing (EUL) despite starting with the administration of COVAXIN on exactly the same date as Covishield, i.e. 16th January, 2021 when the vaccination process commenced in India.

To highlight the shift of people from Covishield to CoVAXIN, Seth in his petition has contended that the shift was because of the endorsement by the Prime Minister and his support for the homegrown vaccine.

"It was right after Hon'ble Prime Minister, Mr. Narendra Modi's COVAXIN vaccination that a major part of the population flocked to COVAXIN instead of Covishield as a matter of trust and ardent following of the Hon'ble Prime Minister, who as per rough data, is one of the most followed world leaders on Twitter. As a result of this apparent shift and support, more than 7 crore COVAXIN doses have been administered up to August, 2021 within India," petition further states.

Advocate Kartik Seth has also contended that another vaccine, Pfizer was granted emergency use authorisation by WHO on December 31, 2020, and the manufacturers of Pfizer were inclined to enter into the Indian market, however, entry of the same met with various hurdles created by the Government of India and eventually it was not allowed by the Government of India for reasons best known to themselves despite the fact that Pfizer had WHO approval and was proven as highly effective vaccine.

In light of the above, the petitioner has sought for issuance of directions to the concerned departments of the Union to issue and release official data, record, timeline and reasons of delay in the approval of COVAXIN vaccine developed and manufactured by Bharat Biotech International Limited and to state the reason for giving approval to COVAXIN vaccine for administration to persons in India pending the results of third phase trials of the same.

Relief for issuance of directions to Bharat Biotech International Limited and ICMR for publishing actual data and records submitted to the WHO for obtaining WHO's approval in favour of CoVAXIN and issuance of statement giving detailed reasons for delaying the approval of CoVAXIN Vaccine has also been sought in the PIL.

Advocate Seth in his petition has also sought for issuance of directions to the Centre for not restraining those who wish to get Covishield administered to them at their own costs voluntarily after having already received two doses of CoVAXIN.

The PIL that has been filed through Chambers of Kartik Seth and drawn by Advocate Shriya Gilhotra has also sought for issuance of directions to the Centre and Ministry of Health and Family Welfare to issue a revised Standard of Procedure and guidelines allowing re-vaccination of fully vaccinated persons with another vaccine on voluntary payment of the person at his own risks and costs.

Case Title: Kartik Seth v Union of India

'People Vaccinated With COVAXIN Treated As Un-vaccinated In Foreign Countries' : Plea In Supreme Court Seeks Re-Vaccination

'People Vaccinated With COVAXIN Treated As Un-vaccinated In Foreign Countries' : Plea In Supreme Court Seeks Re-Vaccination: A Public Interest Litigation has been filed in the SupremeCourt challenging the absence of the p