The Delhi High Court Friday declined to grant interim protection from arrest to Navneet Kalra, seeking anticipatory bail in connection with alleged black marketing of oxygen concentrators, agreeing with the reasons given by the trial court while denying him the relief.
A sessions court had on Thursday dismissed Kalra’s anticipatory bail plea, saying the allegations against him were serious and his custodial interrogation was required to “unearth the entire conspiracy”.
“I am persuaded by the reasons given by the trial court which is a valid ground for me not to grant any interim protection now,” Justice Subramonium Prasad said while listing the matter for hearing on May 18.
The observation came after Kalra’s lawyers — senior advocates Abhishek M Singhvi and Vikas Pahwa — urged the court to grant some interim protection if the matter was going to be adjourned till May 18 on the request of Additional Solicitor General (ASG) S V Raju.
Singhvi told the court that the police was actively searching for Kalra and was visiting the homes of its relatives and close friends and it ought not to be done when the high court was hearing his plea for anticipatory bail.
He said he was not in a “begging game” with the authorities and was relying on the high court to protect his client’s rights as the police was out looking for him with a “fanaticism” as if he were a “trophy”.
When the hearing commenced on Friday afternoon, ASG Raju urged the high court to hear it on Tuesday, May 18, as he had a lot of material, like information with regard to shell companies, which he needed to place before it and would require some time.
Heavens would not fall if the matter is taken up on May 18, Raju said, adding that there was no need for giving such a preference, like hearing the case on a holiday, to Kalra as his plea for anticipatory bail is just like that of anyone else seeking the same relief.
Singhvi opposed the contention saying it was an attempt to embarrass the court.
He said one of the charges against his client was that he had overcharged for the concentrators and to investigate it, Kalra’s arrest was not required.
He said that under the Drug Price Control Order (DPCO) 2013, there is a provision for adjusting the overcharged amount or refunding it.
The high court said a number of concentrators were seized from his properties and price stickers, including blank ones, were found at the site.
“Therefore, the question is would it be a violation of the DPCO 2013,” the court said, adding that if so, then can the Essential Commodities Act, under which the DPCO comes, be given the go-by.
It is Kalra’s contention the Essential Commodities Act is not applicable in the instant case as no price was fixed for oxygen concentrators imported from abroad.
The high court also asked Kalra how many concentrators were sold by him prior to seizure of the 105 units from two of his restaurants.
It also said that according to the trial court, Kalra had sold spurious and inferior concentrators at a higher price.
Singhvi said he will provide data regarding sale of the concentrators on the next date.
He also told the high court that if according to the state, the concentrators his client had sold were substandard, then why were the seized units donated to COVID care centres.
The senior lawyer also told the high court that only under ideal conditions would a concentrator give an output of 80-90 per cent, otherwise in normal conditions, it gives around 60-70 per cent.
He also said that his client did not say to any of his buyers that the equipment was of German make and added that most of the concentrators in the market are of Chinese origin,
Kalra had moved the high court for anticipatory bail on May 13 late evening after a sessions court denied him the relief.
After a hearing which went up to 10.00pm, the high court had listed the matter on Friday.
During the previous day’s hearing, the high court had asked Kalra how he could hold on the concentrators or even sell them when he did not have a valid license to manufacture, store, import or sell the same.
While the sessions court denied him anticipatory bail, a magisterial court on May 13 granted bail to an employee of upscale restaurant ‘Town Hall’, owned by Kalra, in connection with the case.
Four employees of Matrix Cellular company, including its CEO and vice president, who were also arrested in the case are also out on bail.
During a recent raid, 524 oxygen concentrators were recovered from three restaurants owned by Kalra — Khan Chacha, Nega Ju and Town Hall — and he is suspected to have left Delhi along with his family. The concentrators are crucial medical equipment used for COVID-19 patients.
Kalra had bought the concentrators from Matrix Cellular which had imported them.
On May 5, a case was registered against Kalra under Section 420 (cheating), 188 (disobedience to order duly promulgated by public servant), 120-B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code.
The FIR, also registered under Essential Commodities Act and Epidemic Diseases Act, for black marketing of oxygen cylinders prescribes maximum punishment for seven years.PTI
The water level in many dams
across Kerala showed a rising trend on Sunday even as cyclone Tauktae moved away from the state’s coast after wreaking havoc.
India Meteorological Department (IMD) has issued orange alerts –a warning indicating heavy to very heavy rain– on Sunday in three districts-Ernakulam, Idukki and Malappuram.
The catchment areas of many dams in the central Kerala districts have reported heavy rains, prompting the authorities to sound alert warnings before upping their shutters.
The Thrissur district administration said spillway shutters of the Peringalkuthu dam will be opened if the water level crosses the permitted limit of 419.41 metres.
In a statement, the administration has urged the people living on the banks of Chalakudy river to be cautious.
Shutters of Malankara dam in Idukki district will be opened on Sunday, as the water level has increased, the district authorities said.
The administration has directed those people living on the banks of Thodupuzha river, Muvattupuzha river and their tributaries to be cautious.
In the coastal areas, high tidal waves continued to wreak havoc.
Hundreds of families living in coastal areas and low lying areas of the state have been shifted to relief camps.
Indian Navy on Sunday deployed its diving and quick reaction teams in the coastal village of Chellanam in Ernakulam district, which was heavily hit by tidal waves.
The teams, braving harsh weather conditions, undertook rescue and rehabilitation of people who got trapped in houses.
They were shifted to a relief camp at St Mary’s High School in Chellanam, a Navy official has said.
Besides Chellanam in Ernakulam district, rough sea and high tidal waves had wreaked havoc in Kaipamangalam, Chavakkad and Kodungallur in Thrissur, Pallithura in Thiruvananthapuram, Thrikkannapuzha in Alappuzha and Beypore and Koyilandy in Kozhikode districts.
Hundreds of houses were damaged in coastal belts across the state as sea water seeped in following high waves.
According to the state government, at least nine districts have been severely affected by the sea incursion.
A large number of people were shifted to relief camps in various districts, arranged in adherence to COVID-19 protocols.
Mumbai Police Commissioner prohibits movement of any person in public using any vehicle, unless a sticker (Red, Green, Yellow colour) of circular shape of 6 inches diameter of the following description is affixed visibly on the front screen and rear screen of the vehicle, and in the case of two-wheelers on a visible portion on the front and rear, for the movement of the vehicle freely in the lockdown areas.
CP/X1(6)/144/(Prohibitory Order)/2021
ORDER
(UNDER SECTION 144 OF CRIMINAL PROCEDURE CODE, 1973)
1. WHEREAS, in exercise of powers, conferred under Section 2 of the Epidemic Diseases Act, 1897, read with all other enabling provisions of the National Disaster Management Act, 2005, the Government of Maharashtra, issued directions vide notification No. DMU/2020/CR.92/DisM1, Dated : I 3th April, 2021 (“Break The Chain”) to take certain emergency measures to prevent and contain the spread of COVID-19, and to enforce these measures throughout the state from 8 PM on 14th April, 2021 till 7 AM on I’ May, 2021,
2. Whereas, an order under section 144 of the CrPC has been issued dated 14th April 2021, by the undersigned, to observe the directions issued by the Government of Maharashtra in the above mentioned notification No. DMU/2020/CR.92/DisM-1, Dated : 13th April, 2021 (“Break The Chain”),
3. Whereas, in the notification No. DMU/2020/CR.92/DisM-1, Dated : 13th April, 2021 (“Break The Chain”) issued by the Government of Maharashtra, movement of any person in public place without valid reasons has been prohibited, save for those services and activities that are exempted in that notification, in case of which movement is to be unrestricted,
4. THEREFORE, I, Chaitanya. S., Dy. Commissioner of Police (Operations), Greater Mumbai, and Executive Magistrate, vide powers conferred upon me u/sec 144 of the Criminal Procedure Code, 1973 (Act 11 of 1974) r/w the order of Commissioner of Police, Greater Mumbai, dated 23/12/1959 u/s 10 sub section (2) of the Maharashtra Police Act, 1951 (Mah. Act XXII of 1951), with a view to prevent danger to human life, health or safety, do hereby, promulgate an order under section 144 of the CrPC, in the areas under the control of Commissioner of Police, Greater Mumbai, prohibiting movement of any person in public using any vehicle, unless a sticker of circular shape of 6 inches diameter of the following description is affixed visibly on the front screen and rear screen of the vehicle, and in the case of two-wheelers on a visible portion on the front and rear, for the movement of the vehicle freely in the lockdown areas:
A. Red-colour sticker: For the vehicles related to doctors/medical staff, medical services, ambulances, hospitals, diagnostic centres, clinics, vaccination centres, medical insurance offices, pharmacies, pharmaceutical companies, other medical and health services including supporting, manufacturing and distribution units along with their dealers, transport and supply chain; manufacturing and distribution of vaccines, sanitizers, masks, medical equipment, their ancillaries, raw material units and support services, veterinary services/animal care shelters;
B. Green-colour sticker: For the vehicles related to transport of eatables/food items such as groceries, vegetables, fruits, dairy products, bakery products, confectionaries and all types of food items in raw or cooked form;
C. Yellow-colour sticker: For the vehicles related to transportation of officers and staff of central, state and local governments, including their statutory authorities and organizations, all public essential services by local authorities, public transport, press/media, water supply services, electric and gas supply services, municipal services, services required for restoration/maintenance of telecom services, e-commerce (only for the supply of essential goods and services), government and private security services, ATMs/banking/financial/insurance services, cargo services, postal services, petrol pumps/petroleum related products, offices of companies providing essential services, any service designated as essential services by local Disaster Management Authority, and all other activities/services exempted in the notification No. DMU/2020/CR.92/DisM- I , Dated : 13th April, 2021 (“Break The Chain”).
5. The stickers as mentioned in the preceding paragraph must be affixed on vehicles by the owners/users of the vehicles themselves on their own. The Police will also issue such stickers on request at the Nakabandi/Checkpoints free of cost to the vehicle owners as per availability.
6. This order shall come into force, in the areas under the control of Commissioner of Police, Greater Mumbai, with effect from 7 AM on 18th April 2021 and will remain in force till 7 AM on 1st May, 2021, unless withdrawn earlier.
7. Any person contravening this order or misusing the sticker by affixing the stickers of above description on a vehicle and moving in public in that vehicle for a reason/service/activity not exempted in paragraph 4(A), 4(B) and 4(C) above and the notification No. DMU/2020/CR.92/DisM-1, Dated : 13th April, 2021 (“Break The Chain”), shall be punishable under section 188 IPC and penal provisions under the Epidemic Diseases Act 1897 and National Disaster Management Act 2005 and with other legal provisions as applicable.
8. As the notice cannot be served individually on all concerned, the order is hereby passed ex-parte. It shall be published for the information of the Public, through the Press, or by affixing copies on the Notice Boards of the Police Stations and offices of the Divisional ACsP and Zonal DCsP.
Given under my hand and seal on this 17th day of April 2021 at Mumbai.
Chaitanya. S.
Dy. Commissioner of Police (Operations),
and Executive Magistrate
Greater Mumbai.
Office of the
Commissioner of Police, Brihanmumbai.
Delhi Chief Minister Arvind Kejriwal welcomed the decision to cancel CBSE class 10 board exams and postpone class 12 exams in view of surge in COVID-19 cases, saying it will provide a great relief to students and their parents.
“I am glad that the exams have been cancelled/postponed. This is a great relief for lakhs of students and their parents, Kejriwal tweeted.
The Central Board of Secondary Education (CBSE) on Wednesday cancelled class 10 exams and postponed class 12 exams in view of surge in COVID-19 cases.
The decision was taken at a high level meeting chaired by Prime Minister Narendra Modi.
The exams were scheduled to be held from May 4.
Kejriwal and his deputy Manish Sisodia had on Tuesday appealed to the Centre to cancel board exams, saying going ahead with it can contribute to large scale spread of coronavirus infections
South Korean President Moon Jae-in said Monday that his government is eager for talks with Japan to improve relations following years of bitter feuding over historical grievances, adding that those unresolved issues should not stand in the way of developing future-oriented ties.
There have been times where issues of the past weren’t separated from those of the future and became intermingled with each other. This has impeded forward-looking development, Moon said in a nationally televised speech commemorating the anniversary of a 1919 Korean uprising against Japanese colonial rule.
The Korean government is always ready to sit down and have talks with the Japanese government, he said.
South Korea and Japan have been struggling to repair relations that sank to their lowest point in decades in 2019 following South Korean court rulings that ordered Japanese companies to pay reparations to Koreans who were forced to work in their factories during World War II. Those rulings led to further tensions over trade when Japan put export controls on chemicals vital to South Korea’s semiconductor industry.
Another sticking point in relations is the issue of Korean women who were sexually enslaved by Japan’s wartime military, with survivors denouncing the Japanese government for refusing to accept legal responsibility for their slavery.
Japan has insisted that all wartime compensation issues were settled under a 1965 treaty normalizing relations with South Korea and it has reacted angrily to South Korean court rulings saying otherwise. There is a risk for further deterioration of the relationship if South Korean courts eventually order the liquidation of local assets of Japanese companies that have refused to compensate forced labourers.
While Moon said Seoul will continue to support Korean victims of Japanese wartime atrocities, he stressed that the countries must not let the past hold us back.
Moon said improved relations would also benefit the three-way cooperation between South Korea, Japan and the United States, which Washington sees as crucial to dealing with regional issues such as North Korea’s nuclear arsenal and China’s increasing economic and military might.
Moon expressed hope that this year’s Olympics in Tokyo could provide a stage to renew international efforts to resolve the nuclear standoff with North Korea.
Seoul has placed much of the blame for bad relations with Tokyo on Japan’s hawkish former Prime Minister Shinzo Abe and has hoped that his resignation for health reasons last September could be a diplomatic turning point.
Another notable change came in Washington, where President Joe Biden has signaled a shift from Donald Trump’s America first approach and his foreign policy team includes major proponents of dealing with North Korea and China through cooperation with Seoul and Tokyo.
Leif-Eric Easley, a professor of international studies at Ewha University in Seoul, said Moon may have felt that American pressure to reconcile with Japan was coming and he wanted to appear as the reasonable ally by offering the first olive branch.
The key now will be whether Japanese Prime Minster Suga Yoshihide responds to Moon’s comments with a positive gesture to start a “virtuous cycle, said Easley.
Superstar Salman Khan on Sunday turned a year older but the actor decided to go low-key for his 55th birthday celebrations considering the “terrible year” 2020 has been due to the coronavirus pandemic.
Khan, who is spending his birthday with his family and close friends at his Panvel farmhouse, interacted with a select media and cut a cake in the early hours of Sunday.
“There are no celebrations this year, it’s just me and my family here and no one else. I wasn’t in a mood to celebrate my birthday as this has been a terrible year for everyone and a lot of people from the industry have passed away. So, it doesn’t call for celebration,” Khan told the reporters.
The Bollywood star urged his fans to follow COVID-19 protocols in order to remain safe amid the pandemic.
“I just hope everyone is happy, healthy and safe and are wearing masks. Keep washing your hands and maintain social distancing so that everybody remains safe,” he said.
The “Bharat” star said he wishes 2021 turns out be a great year for everybody.
Hindi film personalities, including Khan’s father, veteran screenwriter Salim Khan, sister Alvira Agnihotri, actors Sunil Grover, Sooraj Pancholi, Zaheer Iqbal, Nikitin Dheer, Kratika Sengar and casting director Mukesh Chhabra, attended the intimate birthday gathering.
On Saturday, Khan had appealed to his fans to not throng outside his house in suburban Bandra on the occasion of his birthday due to the pandemic and also informed he is not at home.
The love and affection of my fans over the years has been overwhelming on my birthdays but this year it is my humble request not to crowd outside my house keeping the COVID pandemic and social distancing norms in mind, Khan said in the notice displayed outside his building.
On the work front, the actor has begun shooting for his upcoming film, “Antim- The Final Truth”, in which he is said to be playing a Sikh cop.
The film also starring his brother-in-law, actor Aayush Sharma, is reportedly a remake of the 2018 hit Marathi crime drama “Mulshi Pattern”.
While the original was helmed by Marathi actor-filmmaker Pravin Tarde, the remake will be directed by actor-filmmaker Mahesh Manjrekar
Khan is also hosting the latest season of the reality show “Bigg Boss”.
He will next be seen on the big screen in “Radhe – Your Most Wanted Bhai”, directed by Prabhudheva. The film’s shoot was completed in October.
Also starring Disha Patani and Randeep Hooda, “Radhe” was earlier slated to hit the theatres on May 22 but got delayed due to the pandemic.
Petitioner-1, victim; is the main petitioner and employee of Sanofi India Limited. Petitioner-2, Sushma Maurya is President of Awwaaz Foundation, a duly registered Ngo working for women’s empowerment. There are 8 parties in the Writ Petition.
Respondent-1 is the global Chief Executive Officer of Sanofi. Respondent-2 is incumbent Managing Director at Powai, Mumbai. Respondent-3 is the Asia-Pacific HR. Respondents 4, 5 are senior management seated at Powai, Mumbai. Respondent-6 is Compliance officer of Sanofi, Powai having submitted Internal Complaints Committee (“ICC”) Report. Respondent-7 is the accused sexually harassing Petitioner-1. Respondent-8 is State of Maharashtra, Department of Law and Justice;
Respondents are management personnel of Sanofi, a multinational pharmaceutical company operating globally. Sanofi produces medicines not just for India, but for its global operation, considering low cost of labour and cost of production. It employs more than 3,000 employees across India. Shares of Sanofi are quoted on the Bombay and National Stock Exchanges.
2019 annual reports, p.45 mentions “During the year 2019, the Company i.e. Sanofi received one complaint of alleged sexual harassment which was thoroughly investigated by the Internal Committee. In such matters on the recommendations of Internal Committee, appropriate disciplinary and corrective actions are taken by the Company.”
And, further DIRECTORS’ RESPONSIBILITY STATEMENT, p.44 states “During the year under review, the Statutory Auditors, Cost Auditors and Secretarial Auditors have not reported any instances of frauds committed in the Company by its Officers or Employees to the Audit Committee under section 143(12) of the Act, details of which needs to be mentioned in this Report.”. These false statement in annual reports are fraud executed by Sanofi India on investors. Respondents-1 to 6 have failed in reporting evidences of bribery provided by Petitioner-1 to SFIO (Serious Fraud Investigation Office), which are mandatory requirements for a limited company. Therefore, non-adherence to Sexual Harassment of Women at Workplace, Prevention, Prohibition, and Redressal Act 2013 (the “Act”) by the Respondents-foreign management brutally exploiting Indian resources for exclusive profit making; without conforming to the Act, is blatant abuse of process of the law. Respondent-1,2,3 and 6 are senior executives responsible for implementing the Act in India.
THAT, thereafter, on 09-07-2018 through email, Petitioner-1, Victim whistle-blew unethical corrupt practices of fraud, bribing distributors for increasing sales at Sanofi; wherein, cash was collected from her and other employees forcibly. Petitioner-1, Victim submitted written complaints along with video recording of bribing distributors for increasing sales; to the management. The Companies Act contains provisions to prevent corruption and fraud in companies. Section 177 of the Companies Act requires every listed company to establish a vigilance mechanism for directors and employees to report genuine concerns and to provide for adequate safeguard mechanism against the victimization of persons who use such a mechanism. Albeit, without adequate mechanism in place, Petitioner-1 was victimized sexually by Respondent-7 with the connivance of Respondent-4, and Respondent-5 (both at Senior level). And, later by Respondent-6 (ICC), who subverting justice, conclusively closed, defenestrating the entire case;
PRELIMINARY OBJECTIONS IN ICC NOT ADHERING TO PRINCIPLES OF NATURAL JUSTICE – NO INVESTIGATION, NO FRAMING CHARGES, OPEN AND SHUT CASE:
Petitioner-1, victim approached Petitioner-2, Sushma Maurya of Awwaaz Foundation in dire condition when she was feeling suicidal. Petitioner-1,Victim narrated entire incident from bribery to being sexually harassed, upon which Petitioner-2, a registered NGO working for women’s right took the initiative considering mental and harassed condition issued notice to the police station and SANOFI through their lawyer to provide legal assistance to the victim. Thereafter, Petitioner-1 approached many other private lawyers who were not willing to institute proceedings against the Pharma giant. Considering lack of initiative from lawyers, Petitioner-1 again approached Petitioner-2 insisting that the present matter be pursued with the help of her NGO lawyer who was convinced into contesting the present matter. However, after Sanofi’s false and concocted ICC report, Petitioner-1 fell sick and underwent operation due to depression, ill-health and lack of social support. Considering mental trauma and mental harassment of Petitioner-1, Petitioner-2 agreed to take initiative in present case; understanding of the entire case and various health circumstances of Petitioner-1 consumed considerable amount of time of the present lawyer. Petitioner-2 has agreed to testify whatever knowledge she has pertaining to this case in interest of justice, without prejudice towards none, The matter is before Bombay High Court.
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