NEWS TODAY 27.09.2024

 

Can’t say there’s no prima facie case against Balaji: SC

Can’t say there’s no prima facie case against Balaji: SC

AmitAnand.Choudhary@timesofindia.com 27.09.2024

New Delhi : Examining the evidence against former TN minister Senthil Balaji, Supreme Court said Thursday there is no reason, at this stage, to doubt the authenticity of the soft files, and there is also prima facie material to show a cash deposit of Rs 1.3cr in his bank account. “At this stage, the contention of the appellant regarding the deposit of remuneration received as MLA and agriculture income cannot be accepted in the absence of any prima facie evidence to show the existence of the appellant’s cash income as MLA and the appellant’s agriculture income. Therefore, at this stage, it will be very difficult to hold that there’s no prima facie case against appellant...” SC said. 

However, SC said ED could not be permitted to use stringent bail provision Section 45(1)(ii) of PMLA as an instrument to keep an accused in custody for a long period. Granting bail, SC imposed stringent conditions on Balaji: he has to report to ED every Monday and Friday and has to be present in courts holding trial in the corruption and money laundering cases. SC noted a higher threshold has been provided in these statutes for grant of bail as reflected in Section 45 (1) (ii) of PMLA, proviso to Section 43D(5) of UAPAand Section 37 of NDPS Act, overriding provisions of Criminal Procedure Code. 

“Considering the gravity of the offences in such statutes, expeditious disposal of trials for crimes under these statutes is contemplated. Moreover, such statutes contain provi sions laying down higher threshold for grant of bail. The expeditious disposal of the trial is also warranted considering the higher threshold set for the grant of bail... It is a well-settled principle of our criminal jurisprudence that bail is the rule, and jail is the exception. These stringent provisions regarding grant of bail, such as Section 45(1)(iii) of PMLA, cannot become a tool which can be used to incarcerate the accused without trial for an unreasonably long time,” SC said. SC held that prolonged incarceration without trial is violative of rights of an accused and the court should step in to protect him and no provision can take away the power of constitutional courts to grant bail on grounds of violation of fundamental rights. “When trial of the complaint under PMLA is likely to prolong beyond reasonable limits, Constitutional Courts will have to consider exercising their powers to grant bail.

The reason is that Section 45 (1)(ii) does not confer power on State to detain an accused for an unreasonably long time, especially when there is no possibility of trial concluding within reasonable time.” 

Balaji likely to rejoin cabinet next week 

Amid signs Senthil Balaji will be re-inducted into the cabinet, TN CM MK Stalin hailed the former minister on his release on bail after 471 days in prison, saying: “Your sacrifice is great! Your resolve greater!” Multiple sources confirmed to TOI that an announcement on Balaji’s return to the cabinet is expected next week. “He is most likely to be re-inducted. It is unclear if he will retain his original portfolio, energy, prohibition and excise,” said a DMK neta.

HC asks Bengal to reply to PIL on ‘threat culture’ in medical colleges

HC asks Bengal to reply to PIL on ‘threat culture’ in medical colleges 

27.09.2024 

Kolkata : Calcutta high court on Thursday directed the Bengal govt to file an affidavit responding to the allegations made in a PIL alleging that there was ‘threat culture’ in state medical colleges and hospitals. “If any one or more than one (allegations) is found to be correct, the matter is a very serious issue,” Chief Justice TS Sivagnanam said. The petitioners demanded an investigation of the “threat nexus syndicate” by constituting a special investigating team to be led by a former judge of this court. The PIL, filed by two individuals, a doctor and a social worker — in the aftermath of a PG doctor’s rape murder at RG Kar Hospital — was heard by the division bench of Chief Justice Sivagnanam and Justice Bivas Pattanayak

Medical college hospital accepts Communist veteran’s body

Medical college hospital accepts Communist veteran’s body 

Kochi : The Kalamassery Medical College, which was directed by the Kerala high court to decide on the donation of the body of Communist veteran M M Lawrence, has decided to accept the body, and it has been transferred to the Anatomy department. In an order issued on September 25, Kalamassery Medical College principal, Prathap S, said the consent for body donation was valid. 

“I hereby instruct the remains of Shri M M Lawrence which were donated for educational purpose be accepted and transferred to the Anatomy department to be embalmed and preserved till being taken up for teaching purposes. The Honourable Court’s decision is thus complied herewith,” the order read. Meanwhile, reacting to the development, Lawrence’s daughter Asha posted on social media that she would approach the court seeking justice. Dramatic scenes had unfolded at the Ernakulam town hall here on Monday, where the mortal remains of CPM leader Lawrence were kept for public homage, as the late leader’s daughter protested the decision to hand over his body to the Government Medical College Hospital here. PTI

Sites exposing citizens’Aadhaar, PAN blocked

Sites exposing citizens’Aadhaar, PAN blocked 

27.09.2024

New Delhi : IT ministry has come down heavily on websites exposing sensitive personal identifiable information of citizens, including their Aadhaar and PA N Card details, and has ordered them to be blocked. Sources said the websites/ URLs ordered blocked include https://www.asianbariatrics.com/uploads/, https://thestarkidz.com/cp/ img/dob_proof_imgae/, and

https://indianaerospaceandengineering.com/media/ student/aadharc ard/ There was, however, no official confirmation of the same. The step comes days after the Star Health hacking episode where data of 31 million citizens is feared to have been compromised. In an official statement, IT ministry said govt is committed to having an open, safe, trusted and accountable internet. “It has come to notice… that some websites were exposing sensitive personal identifiable information, including Aadhaar and PA N Card details, of citizens. This has been taken up seriously as govt accords highest priority to safe cyber security practices and protection of personal data. In line with this, prompt action has been taken to block these websites.” TNN

Insurer made to pay for ‘non-medical’ deductions

Insurer made to pay for ‘non-medical’ deductions

 NimeshKhakhariya@timesofindia.com 27.09.2024 

 Rajkot : A consumer court of Rajkot rejected a deduction made by a health insurance company for reasonable, customary and non-medical item charges in the cataract treatment of a 45-yearold man and called it a deficiency in service. A Rajkot resident, Chirag Jasani, bought the Happy Family Floater policy health insurance from Oriental Insurance Company Ltd for the period of March 6, 2023, to March 4, 2024. Jasani had been a policyholder for 11 years and his sum assured was Rs 5 lakh. He had a vision problem and needed cataract treatment in both eyes as an indoor patient. His right eye was treated between July 10 and 11, 2023, for which he paid a medical bill of Rs 88,090. He underwent treatment for his left eye between July 24 and 25 and paid Rs 89,007. He spent Rs 1.77 lakh on both eyes. 

He filed a claim befobut the company sanctioned only Rs 48,000. Jasani moved the consumer court. The insurer submitted that they approved the partial claim after deducting the reasonable and customa ry charges, non-medical items and co-payment. The court order stated that Rs 500 deducted as nonmedical expense for the right eye and Rs 5,600 deducted as hospital discount for the left eye were reasonable according to the terms and conditions of the policy. According to the terms and conditions, 10% was deductible as co-payment. 

However, the court, in its order dated Aug 31, rejected the argument of the insurance company regarding the deduction under reasonable and customary charges, stating that the company failed to prove medically that the expense by the policyholder was excessive, and the policyholder was not eligible to get it under the policy conditions.

IIM-A student hangs self on eve of mgmt fest

IIM-A student hangs self on eve of mgmt fest 

Bhukya Was A Brilliant Student: Batchmates 

TIMES NEWS NETWORK 26.09.2024 

Ahmedabad : A second-year PGP student at the Indian Institute of Management-Ahmedabad (IIM-A) hanged himself in his hostel room at the B-school’s new campus in Vastrapur on Thursday. Police investigators believe stress may have been the likely cause behind the suicide even as the incident is being probed further. According to Vastrapur police, the deceased, Akshith Bhukya, 24, a native of Warangal in Telangana, was found hanging in his hostel room around 10.45am. Following his death, the IIM-A authorities declared The Red Brick Summit (TRBS), a premier management conclave, cancelled. Bhukya was the primary coordinator for the prestigious threeday event, scheduled to begin on Sep 27. 

“Prima facie, we do not suspect any foul play in the incident. The investigation so far indicates that Bhukya was possibly under stress due to the TRBS that was scheduled to begin on Friday. This is just the preliminary detail, and we are further investigating if he suffered from depression or if there was any other issue at play,” said Himanshu Kumar Verma, DCP, Zone-1. 

Verma said that Bhukya’s parents have been informed about the incident. They were expected to reach Ahmedabad on Thursday night. V D Mori, in-charge inspector of Vastrapur police, said that Bhukya was coordinating for the Red Brick Summit and had last spoken to a friend around 10am on Thursday. “After talking to his friend, he went to his room around 10.30am. When calls made by his friends went unanswered, they came to check on him and knocked on the door of his room. When they received no response, they entered his room through the window and found him hanging by a rope,” Mori said. 

 “His friends told us that he was the lead coordinator for the summit and was under stress,” Mori added. The nature of stress, however, is being investigated. “We have registered a case of accidental death. The body has been sent to Sola Civil Hospital for postmortem,” Mori said. Bhukya’s LinkedIn profile mentions that he was a BTech graduate in computer science from Maulana Azad National Institute of Technology, Bhopal. He worked as a software developer for more than a year in Hyderabad before joining the IIM-A in 2023. Earlier this year, he interned at S&P Global in Hyderabad. He was in the second year of the Post Graduate Programme (PGP), the flagship MBA course of IIM-A. Bhukya was set to graduate next year. Details about his placement could not be ascertained.

An opportunity to rethink India’s pension system

An opportunity to rethink India’s pension system

T.T. Sreekumar

Professor, The English and Foreign Languages University, Hyderabad

The HIndu Hyderabad 27.09.2024 

The pension system in India has undergone a significant transformation over the years with three major schemes, the Old Pension Scheme (OPS), New Pension Scheme (NPS), and the proposed Unified Pension Scheme (UPS), marking the different phases of government policy. Each scheme impacts retirees in different ways, with the OPS often being viewed as a more secure system compared to the NPS, which ties retirement funds to volatile market conditions. As the world witnesses a retreat from neoliberal policies, the debate around welfarism is being reignited. In this context, the UPS requires considerable rectification to ensure that it serves the interests of retirees effectively.

A shift with greater individual risk

The OPS, prevalent before 2004, guaranteed a defined benefit pension to government employees. In this scheme, the pension amount was fixed and determined by the last drawn salary, and the government was solely responsible for disbursing the pensions. The OPS provided stability and ensured that retirees were insulated from any financial market risks. The reliance on a fixed percentage of the last drawn salary for pensions meant that employees could plan their retirements with a sense of financial security, knowing that they would have a guaranteed income stream throughout their post-retirement years. The OPS reflected the government’s commitment to social security by excluding the market from the equation and offering guaranteed pensions.

In 2004, the Government of India replaced the OPS with the New Pension Scheme (NPS). Here, the shift was from a defined-benefit model to a defined-contribution model, wherein employee and the government contributed towards a pension fund, which was then invested in financial markets. The pension payout under the NPS is linked to the performance of these investments, meaning retirees’ incomes are now subject to the fluctuations of market forces.

The shift from OPS to NPS represents the neoliberal tendency to reduce state involvement in welfare provisions and transfer risk to individuals. The NPS left retirees vulnerable to market volatility, effectively placing their futures at the mercy of speculative market conditions. The NPS has drawn criticism because the security once provided by the state under OPS has been eroded. During periods of economic downturn, retirees may face reduced returns, undermining their financial stability.

This market-driven pension model has also fuelled wider concerns about the commercialisation of public welfare programmes and the weakening of the state’s social responsibility.

A return to welfarism

Globally, the era of neoliberalism that dominated economic policy for the past few decades is showing signs of a retreat. The 2008 financial crisis exposed the risks associated with excessive market reliance, leading to calls for stronger social safety nets and a return to welfarism. The COVID-19 pandemic further amplified these demands, as governments worldwide were compelled to intervene in unprecedented ways to protect the health and livelihoods of their citizens. India, too, is experiencing a similar shift, with demands for the return of state-backed welfare provisions.

The UPS, as proposed by the Narendra Modi government, emerges in this context as an attempt to provide universal pensions while balancing state involvement and market participation.

While the U-turn of the Modi government, as pointed out by the Opposition, aims to address the issues raised by the NPS, the UPS is still in its nascent stages and requires significant rectification before it can be seen as a viable alternative to the NPS. Critics have already pointed out that the UPS promises retirement payouts but offers reduced returns compared to the OPS and exposes retirees to the risks of uncertain market-based assets. The requirement of 25 years of service for a full pension is a disadvantage for those who join late, while potential underfunding raises concerns about future pension delays or corpus depletion.

Moreover, the scheme only covers Union government employees, excluding many public sector workers such as teachers, and may disincentivise further pay commissions. One of the critical aspects of the UPS that needs attention is the need for greater state intervention to ensure that retirees are not left vulnerable to market forces. While the UPS offers a universal framework, its structure should incorporate safeguards against market fluctuations, possibly by providing a minimum guaranteed pension similar to the OPS.

Issue of government contribution

Another area that needs reform is the level of government contribution. The UPS hybrid model would not completely mitigate risks associated with market reliance and may fail to offer a balanced pension system. Further, ensuring the inclusivity of the UPS across all sectors, including informal labour, is critical. India’s vast informal workforce currently lacks adequate pension coverage. The UPS must broaden its scope to provide pension security to all citizens, and not just to government employees, aligning with the broader return of welfarism that is gaining momentum globally.

The comparison of the OPS, the NPS and the UPS illustrates the tension between state-backed welfare and market-driven policies in India’s pension system. While the OPS provided a stable and predictable pension income, the NPS shifted retirees’ financial futures into the volatile realm of market investments, creating uncertainties and vulnerabilities. The retreat of neoliberalism and the return to welfarism worldwide, although on a limited scale or even notionally, provide an opportunity to rethink India’s pension system and strike a better balance between state responsibility and market participation. The UPS, if properly restructured, could become an important tool in protecting the financial security of retirees and addressing the shortcomings of the NPS, ensuring that India’s retirees are not left to the mercy of market forces but are supported by a robust welfare system.

MUMBAI Bombay floods

 

UP village pays, prays for boy fighting for missed IIT seat

UP village pays, prays for boy fighting for missed IIT seat

Mohammad.Dilshad@timesofindia.com 26.09.2024

Titora (Muzaffarnagar) : The story of Atul Kumar, a bright-eyed 18-year-old Dalit student, has rippled through the quiet, unassuming village of Titora, which hides a little off the map, about 100km from Delhi. It’s only a short detour from NH-58, which links the capital to bustling Muzaffarnagar in UP, yet Titora remains something of a secret — roads dissolve into dusty tracks, apps promising directions stutter and stall. Travellers must ask local folks for directions. But once you arrive, there’s no mistaking the pride that radiates from its people. 

Finding Atul’s home is easy. “Oh, the family with the IIT boys?” chime in passersby. In Titora now, conversation about Atul’s triumph, his despair, and the glimmer of hope offered by SC dominates every tea stall and village square. The people here had pooled in to help pay Atul’s fees, but he missed the deadline by an agonising heartbeat. › Only one goal, 

A Supreme Court bench, led by Chief Justice D Y Chandrachud, on Tuesday took up Atul’s plea, with the CJI promising, “We will help you as far as possible.” From a below-poverty line family, Atul’s dreams of attending IIT (ISM) Dhanbad were nearly crushed by the missed fee deadline. He had cleared JEE Advanced but financial constraints and a technical glitch prevented him from paying the Rs 17,500 acceptance fee on time, leading to the cancellation of his hard-won seat. In a display of empathy, the top court sought responses from the Joint Seat Allocation Authority and IIT-Madras, where Atul had sat for his exams. 

Back in Titora, villagers can’t stop talking about the family. Atul’s father, Rajendra Kumar, 47, labours at a cloth factory in Meerut to make Rs 450 per day, while his mother, Rajesh Devi, 45, juggles between toiling in the fields and making cots to supplement their meagre income. However, cycling to work and sacrificing personal needs, Atul’s brothers achieved remarkable academic success. Mohit Kumar, 24, completed his M Tech from NIT Hamirpur. Rohit Kumar, 23, graduated with a B Tech from IIT-Kharagpur. Amit, 20, is in college and doing well. He wants to go abroad for higher studies. “We have only one goal — to educate our four sons, no matter the cost,” Rajesh told TOI on Wednesday. For Atul, SC’s promise offers a second chance. “Only we know what we’ve been through,” he said. “I need to do this for my parents. And I’m waiting to pay off the Rs 3 lakh loan my father took to help us study.”

NEWS TODAY 26.09.2024

 

Goats to bait leopards end up as feasts for men

Goats to bait leopards end up as feasts for men

Times of India Hyderabad 26.09.2024

Bijnor : The forest department in Bijnor is grappling with an unusual challenge as it attempts to address the growing threat of leopard attacks in the region, with more than 25 people having fallen victim to the big cats and over a dozen injured since 2023, reports Harveer Dabas.

In what was thought to be a smart move, the department set up over 50 traps across the region,

using goats as bait to capture marauding leopards. However, despite the imminent danger, thieves continue to steal the goats. Rupesh Kumar, a local, said, “A leopard was spotted near the village a few days ago. Upon receiving the information, the forest department installed a cage with a goat.However, someone stole the goat.”

He added, “Unfortunately, the second goat was also stolen on Wednesday. Frustrated, locals have now decided to remove the cage altogether.”