Court News

Can’t deny bail to robber citing SC order: HC

K.Kaushik@timesgroup.com

Madurai:  09.05.2020

Chain-snatcher Settu, son of Govindaraj, in jail since January 19, would never have imagined his innocuous bail petition would prompt Madras high court to write a treatise on personal liberty and how the court would reject police attempts to deny him bail by citing a recent order of the Supreme Court. Arrested by Vallam police for robbing a woman at knife-point, Settu faced two charges under Section 392 carrying maximum imprisonment of 10 years, and Section 397 that carries seven-year jail term. Police have to file the chargesheet within a maximum of 90 days, or else Settu will be eligible for bail by default. Settu will complete 90 days in custody on May 18.

When his bail petition came up before Justice G R Swaminathan in Madurai bench of the court, the prosecution cited a March 23 order of the Supreme Court, issued suo motu in view of the lockdown and closure of courts. The apex court had given an omnibus relief to all cases facing limitation and deadlines, and said those deadlines would stand extended with effect from March 15 until further orders.

Citing this extension of limitation period, prosecution opposed bail for Settu saying the failure to file chargesheet within the mandatory 90-day period will not end in default bail for Settu, for extension of time given by the apex court would apply for filing final reports too.

Justice Swaminathan, rejecting the submission, said denial of compulsive bail to him will definitely amount to violation of his fundamental right. The noble object of the Supreme Court's direction and its benevolence was to ensure that litigants do not lose their rights due to lockdown. “But, filing of final report stands on a different footing altogether,” he said, adding that the apex court did not mention that police investigations would also be covered by its order.

Court news

HC calls for report on e-pass scheme

TIMES NEWS NETWORK

Chennai:  09.05.2020

A public interest writ petition has urged Tamil Nadu government to take a decision and dispose of e-pass application for medical and funeral emergencies within one hour.

A division bench of Justice Vineet Kothari and Justice Pushpa Sathyanarayana, before which the PIL came up for admission on Friday, issued notice to the state government directing it to file its response by May 11.

In his petition, advocate B Ramkumar Adityan highlighted the plight of public who have to travel due to medical and funeral emergencies, and said the state should consider operating epasses facility on 24x7 basis, as emergencies could occur at any time.

Covid-19

Residents in South Chennai worried as cases increase

Jump From 42 To 365 In Two Weeks Across Five Zones

TIMES NEWS NETWORK

Chennai:09.05.2020

South Chennai, which remained largely unaffected for more than a month has now begun to show a spike in cases, the major contributors being Valasaravakkam (Zone 11) and Adyar (Zone 13). The decision to keep the Koyambedu market up and running and poor physical distancing are reflecting now, say residents. Two weeks ago, the five zones comprising south Chennai recorded 42 cases. Now, they have 365 — 312 of them from Valasarvakkam and Adyar zones – data from Greater Chennai Corporation shows.

In Valasaravakkam, the affected areas are mostly wards close to the Koyambedu market. Wards 145 and 148 have the most number of cases, said a corporation official. “These wards alone have more than 2,000 families of traders and workers who used to work at the Koyambedu market. Since, it is a residential area close to the market, most of them stay here and most of the positive cases in the zone are also from these wards,” said a health department official.

In the past five days, about 130 positive cases were reported in this zone, most from wards 145 and 148. The zone has 45 streets under containment, as on date.

Positive cases have been reported in Maduravoyal, Ramapuram and Porur too.

Adyar, having the largest population among the corporation’s 15 zones, now has 107 positive cases. Until a week ago, it had only 20-odd cases, mainly among foreign returnees and their contacts. Then a vendor in Thiruvanmiyur market tested positive.

As far as the public is concerned, the Thiruvanmiyur market is a ticking time bomb. “It was bound to happen. We could see the pictures before the total lockdown. While people should have been more disciplined, authorities could have taken more care. We are seeing now steps taken to sell liquor at Tasmac outlets,” said S Meenakshi Sundaram, a resident of Adyar.

The market, which was shut last week and was to be opened on May 6, has remained closed. At least six vendors working in the market have tested positive, according to officials. 100 swab samples were collected from vendors.

Similarly, a pushcart vendor in Velachery tested positive and he became the source of infection for at least 11 others including his family members, officials said. “There are a few unfortunate cases too. An elderly man went for dialysis at a hospital in St Thomas Mount and acquired infection,” said an official.

While Alandur, Perungudi and Sholinganallur zones have remained largely unaffected, the Koyambedu cluster is worrying resixents. “Initially, when cases were being reported in North Chennai and when officials said most of them were those who attended the New Delhi conference, we were relieved as the cases remained low in south chennai for over a month. But, with Koyambedu cluster, we are not sure. We can only hope,” said P Asha of Puzhuthivakkam.

Covid-19

Virus cases cross 6,000-mark in TN, 1,589 linked to Koyambedu

399 New Cases In City, 3 More Deaths In State

Chennai:  09.05.2020

The Covid-19 count in Chennai was one short of 400 on Friday as Tamil Nadu recorded 600 fresh cases. Of the total 6,009 cases recorded in the state as on Friday, 1,589 were linked to the Koyambedu cluster, authorities said. Tamil Nadu also recorded three deaths, pushing the toll to 40.

A 78-year-old Tambaram man with comorbidities admitted to RGGGH since April 30 died on Thursday at 9pm. Two hours later, a 56-year-old man admitted on May 6 died. An 83-year old man with comorbidities died at Tirunelveli Medical College Hospital.

At a review meeting with Union health minister Harsh Vardhan, state health officials have asked for a separate classification of deaths due to comorbidities in Covid-19 patients. “It is under review,” said a top official.

Chennai, the worst hit city in TN, crossed the 3,000-mark with its highest single-day jump of 399 cases. The city now has 3,043 cases. Since its first case of March 7, Tamil Nadu took two months to cross 5,000 cases, but the high infection rate in Chennai may see the state breach the 10,000-mark sooner, according to epidemiologists. TNN

LIFE-GIVING: Volunteers donate blood on World Red Cross Day, at a camp in Chennai on Friday

Govt hospitals given all-clear to start using plasma therapy

On Friday, Chennai’s neighbouring Tiruvallur recorded 75 cases, Kancheepuram 8 and Chengalpet 26. The swelling Koyambedu cluster left 34 people in Cuddalore and 25 people in Villupuram infected. Cases were reported from 13 other districts including low incidence Krishnagiri, which now has10 cases, and Dharmapuri, four cases. Within Chennai city, cases increased in Pudur in Ashok Nagar, Vepery, Tiruvanmiyur and in several police quarters.

The state health department reviewed its treatment protocols after the ICMR gave permission to government hospitals to start two clinical trials – using plasma therapy and broad spectrum antiviral Remdesivir. While Rajiv Gandhi Government General Hospital (RGGGH), Rajaji Government General Hospital in Madurai and Tirunelveli Medical College will soon start plasma therapy trials on critically-ill patients, Omandurar multispecialty hospital and RGGGH will start trials with Remdesivir, now being touted as the most probable drug of choice.

As Chennai continues to account for half the state’s infections and active cases, the Greater Chennai Corporation is concentrating on infections within containment zones and among frontline workers such as policemen, firemen, doctor, nurses, health workers, sanitary and conservancy staff.

“We have identified common causes for spread in different containment zones. While in some areas the public toilets were outside the containment zone, in some areas it was the public tap.

In another area, we found that an ATM was still functioning inside the containment zone.

A few people who went to the ATM were tested positive,” said GCC special nodal officer J Radhakrishanan. On Friday, officials in the corporation headquarters, brainstormed strategies including involvement of NGOs to bring in behavioural changes.

Flight info

CARRYING 176 PEOPLE

Rescue flight from Dubai lands in city

TIMES NEWS NETWORK

Chennai:  09.05.2020

The first rescue flight operated by Air India Express from Dubai carrying 176 people stranded in UAE, due to the shutdown, landed at Chennai airport close to midnight on Friday.

The passengers including senior citizens, women and children were given sanitzers and were disembarked in a gradual manner to prevent crowding at the aerobridge and at the immigration counters. Sources said that passengers were boarded after rapid tests, which prolonged the check-in time.

The cockpit crew and the cabin wore full length coverall, masks and gloves. There were restrictions in passenger movement inside the aircraft.

Announcements were made urging the passengers to treat the flight as a service meant for emergency rescue as inflight service was minimal. Food and beverages were kept in the pouch of each seat.

Govt’s failure to comply with high court order results in closure of Tasmac shops

TIMES NEWS NETWORK

Chennai:  09.05.2020

Flouting court orders might be a norm for the Tamil Nadu government, but this time, it has led to closure of its cash-cow — Tasmac — by the Madras high court.

Only on May 7, the government reopened liquor shops across the state after over 40 days. But within two days, the high court has ordered the state to shut the shops immediately till the lockdown is lifted in view of serious violation of conditions imposed by the court.

Though the court refused to stay reopening of the shops on May 6 based on the settled law that courts cannot interfere in policy decisions of the government, it has been now compelled to pass the closure order since the state failed to follow the conditions imposed, particularly the social distancing norms, lawyers who moved the court against the reopening said.

“The primary concern of the court was the failure to implement social distancing. Based on media reports and evidence produced by us the HC came to the conclusion that the state has failed to follow the conditions for permitting sale of liquor during the lockdown,” advocate G Rajesh, one among the petitioners, said.

According to S Prabhu, of Coimbatore, when he visited a Tasmac shop near Shanthi Gears in the city, he saw no conditions as reported in the media were followed. “They did not demand my Aadhaar or any identity proof. I was given a token. I got two full bottles of liquor. No rationing was followed,” he said.

However, G Mani, of Karur, said Aadhaar was demanded to get token. Rationing was followed as almost all shops were crowded but social distancing was thrown to the wind. “The salesman at the counter noted down my Aadhaar number but I was clueless how it would help them to stop me buying more liquor within the three-day period, he added.

Both admitted that bills were not provided for their purchase which was usual even during normal days.

Responding to queries from TOI, a Tasmac source said, “Aadhaar card numbers of customers were registered in a separate book on Thursday. This was meant to write card numbers on each receipt that was supposed to be submitted to the court as a proof of maintaining the cap of selling only one full (750ml) or four 180ml bottles to each individual.” However, many customers did not get receipts for their purchase, the source added.

Though the Tasmac stressed 50 circles and barricades before 200ft of every shop were there to maintain social distancing, queues snaked beyond 1km in several places with individuals standing in close quarters. Many were seen without masks.

When contacted, Tasmac officials refused to comment.

MOCKERY OF DISTANCING: A queue to buy liquor from a Tasmac outlet in Kadambattur, Tiruvallur district, on Thursday

TRYING TIMES

Tenants, house owners caught in a bind over payment of rents

Aditi.R@timesgroup.com

Chennai:  09.05.2020

Tenants as well as landlords are caught in a bind as the former is unable to pay rent while the latter has to meet EMI commitment for loans. Several tenants have already defaulted on rent payments and are negotiating with their house owners requesting waivers, reduction, and time.

“Until March, I received the full rent on time. But there is no question of waiving off or reducing the amount because I need to repay the loan and currently this is my only income. But we have given them time until next week to pay,” said Satguru Chahal, a businessman who has given two of his apartments in the city on rent.

Sandeep Sagar, an IT professional living in a gated community near Nolambur said that his company had to cut 20% of their salaries due to the pandemic. He said that despite several negotiations his house owner denied reducing the rent, even for the time being. “Instead, he is asking me to pay it all in a lumpsum, before July, which I cannot afford,” he said.

The interests of owners who have security deposits, for three or more months are safeguarded, at least for the time being, but the tenants have become restless because they fear they would not get any amount back from their deposits. Even those who do not have signed agreements and are struggling to pay the rent are helpless.

Ajit Kumar Chordia, managing director, Olympia Group, said that they too had to decline a few remission requests since they have backto-back financial commitments. “So far, we have not had any trouble. They are paying rents on time. And our people are tracking all clients. It is mainly the retail stores and eateries that are struggling to pay due to the shutdown. They have asked us for some time and we are keeping track of it.”

Real estate agents said that nearly 20% of tenants occupying residential properties have sought rebates and waivers.

“The situation is currently fluid. Because people, on the one hand, are losing their pay and jobs and on the other, there is no relaxation on EMIs, which is a huge problem. They also don't know how to go about and handle disputes,” said Mohan Kartha, a city-based TNRERAregistered real estate agent.

With both the landlords and tenants claiming they have no money, experts said that there is an urgent need for the government to come up with a new plan or rules to avoid a crisis.

However, senior officials from the state housing department said that they have not received any complaints of such disputes on their portal. “But that doesn’t mean that there aren’t any. We have directed our officers to look into these matters based on which we can take necessary steps,” the official said.