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Fugitive Economic Offenders Bill, 2018 approved, will force offenders to return India and face trial, says Centre Govt

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Fugitive Economic Offenders Bill, 2018

New Delhi: Amid PNB fraud row, the government has come up with a Bill to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. The Union Cabinet has approved the proposal of the Ministry of Finance to introduce the Fugitive Economic Offenders Bill, 2018  in the Parliament. 

The Bill makes provisions for a Court (‘Special Court’ under the Prevention of Money-laundering Act, 2002) to declare a person as a Fugitive Economic Offender.

The cases where the total value involved in such offences is Rs.100 crore or more will come under the purview of this Bill.

Purpose of the Fugitive Economic Offenders Bill, 2018 Bill

The Bill is expected to include measures to compel the fugitive economic offenders to return to India to face trial for scheduled offences.

The government claimed it would also help the banks and other financial institutions to achieve higher recovery from financial defaults committed by such fugitive economic offenders.

It is expected that the special forum would be created for an expeditious confiscation of the proceeds of crime, in India or abroad. It would coerce the fugitive to return to India to submit to the jurisdiction of Courts in India to face the law for their offences, claimed the government.

What does Fugitive Economic Offender mean

A Fugitive Economic Offender is a person against whom an arrest warrant has been issued in respect of a scheduled offence and who has left India so as to avoid criminal prosecution, or being abroad, refuses to return to India to face criminal prosecution.

What are Scheduled offence

As per the government, a scheduled offence refers to a list of economic offences contained in the Schedule to this Bill. Further, in order to ensure that Courts are not over-burdened with such cases, only those cases where the total value involved in such offences is 100 crore rupees or more, is within the purview of this Bill.

Silent features of the FEO Bill, 2018 

  1. Application before the Special Court for a declaration that an individual is a fugitive economic offender;
  2. Attachment of the property of a fugitive economic offender;
  3. Issue of a notice by the Special Court to the individual alleged to be a fugitive economic offender;
  4. Confiscation of the property of an individual declared as a fugitive economic offender resulting from the proceeds of crime;
  5. Confiscation of other  property belonging to such offender in India and abroad, including benami property;
  6. Disentitlement of the fugitive economic offender from defending any civil claim; and
  7. An Administrator will be appointed to manage and dispose of the confiscated property under the Act.

Conditions

If at any point of time in the course of the proceeding prior to the declaration, however, the alleged Fugitive Economic Offender returns to India and submits to the appropriate jurisdictional Court, proceedings under the proposed Act would cease by law.

All necessary constitutional safeguards in terms of providing hearing to the person through counsel, allowing him time to file a reply, serving notice of summons to him, whether in India or abroad and appeal to the High Court have been provided for.

Further, provision has been made for the appointment of an Administrator to manage and dispose of the property in compliance with the provisions of law.

There have been several instances of economic offenders fleeing the jurisdiction of Indian courts, anticipating the commencement, or during the pendency, of criminal proceedings.

The absence of such offenders from Indian courts has several deleterious consequences – first, it hampers investigation in criminal cases; second, it wastes precious time of courts of law, third, it undermines the rule of law in India.

Further, most such cases of economic offences involve non-repayment of bank loans thereby worsening the financial health of the banking sector in India.

The existing civil and criminal provisions in law are not entirely adequate to deal with the severity of the problem. It is, therefore, necessary to provide an effective, expeditious and constitutionally permissible deterrent to ensure that such actions are curbed.

 It may be mentioned that the non-conviction-based asset confiscation for corruption-related cases is enabled under provisions of United Nations Convention against Corruption (ratified by India in 2011). The Bill adopts this principle.

In view of the above context, a Budget announcement was made by the Government in the Budget 2017-18 that the Government was considering to introduce legislative changes or even a new law to confiscate the assets of such absconders till they submit to the jurisdiction of the appropriate legal forum.

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Himachal Reports 87 COVID-19 Deaths in 11 Days With a Steep Rise in Cases

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COVID-19 deaths in Himachal pradesh on november 10

Shimla-With nine more COVID-19 deaths on Wednesday, the tally for Himachal Pradesh has jumped to 399. The state is witnessing a surge in November as 87 deaths were reported during the last 11 days. Yesterday’s fatalities included seven males and two females aged between 45 to 87 years. Find the reasons for these fatalities below:

himachal pradesh -Update on covid-19 deaths

Further, according to the state Health Department’s official statistics, 610 new cases of COVID-19 were detected yesterday, of which Shimla reported highest (118) cases, followed by Mandi (116).

In Mandi district, as many as 26 more teachers and some students reportedly tested positive yesterday. The infected also included two doctors of Tanda Medical College, Kangra, and a couple of policemen in Sakoh.

Operation theatre at the Kamala Nehru Hospital, Shimla, was reportedly closed for a week. Similarly, the women police station in Shimla was also closed following the detection of a case.

Further, the state High Court has taken suo moto cognizance of a news report published in an English daily and issued a notice to the government. The news pertained to Indira Gandhi Medical College, which ran out of space for COVID-19 patients in isolation wards.

As per official data, the total for COVID-19 in the state had reached 27418 till yesterday evening (9 pm), of which 5605 were active cases. Mandi district has reported highest 4194 cases, followed by Solan (3958), Shimla (3725), and Kangra (3635).

The state government is barely speaking on the alarming rise in fatalities and its strategy to control it. But Chief Minister, while addressing a public meeting at Sihunta under Bhatiyat Assembly Constituency yesterday, did hail the Prime Minister and claimed that the nation is out of COVID-19 crisis.

“He (PM) has successfully brought the Nation out of Covid-19 crisis,”

Chief Minister said.

HP Health Department COVID-19 Bulletin for November 11, 2020 (9 pm)

 

 

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Himachal Reports 12 COVID-19 Deaths in Single Day, Surge in Cases in Shimla

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Himachal Pradesh COVID-19 deaths till diwali

Shimla-COVID-19 continues to wreak havoc in Himachal Pradesh as a record 12 fatalities were reported on Tuesday. Of the 611 new positive cases yesterday, Shimla reported highest 148 with seven fatalities. The deceased included 11 males and a female aged between 47 to 92 years.  During the last three days, the state has reported 25 fatalities. Find the details regarding the causes of deaths below:

Himachal Pradesh Record COVID-19 deaths

The state government had yesterday decided to close all educational institutes in Himachal for 15 days after over a hundred teachers and students tested positive in schools. The government termed it as a special vocation for students, teachers, and non-teaching staff of all educational institutes.

The capital has witnessed a surge as over 750 cases were reported during the last six days. In the season of festivity and marriages, social distancing and other guidelines issued by the MHA for personal protection are being flaunted, which is only fueling the spread. 

On top of it, the COVID-19 Hospitals in the state have begun to run out of beds for patients in isolation wards. The largest medical facility in the state – Indira Gandhi Medical College & Hospital- was packed to its full capacity, which was only 85 beds. Dr Rajneesh Pathania, Principal of IGMC, confirmed the report. According to media reports, DDU hospital, Shimla, had also run out of space. The government is yet to prepare the make-shift hospitals it had announced a couple of months ago. 

So far, according to the official statistics, the state had reported a total of 26808 cases till yesterday evening (9 pm), and the official COVID-19 death tally had mounted to 390.

HP Health Department COVID-19 Bulletin for November 9, 2020 (9 pm)

Update Himachal Pradesh COVID-19 for november 10, 2020

Featured Image: [email protected]

 

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Amid Alarming Surge in COVID-19 Cases and Deaths, Hospitals Including IGMC Running Out of Space

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covid-19 in himachal pradesh igmc beds full

Shimla– Amid the festive season, Himachal Pradesh is witnessing an alarming surge in COVID-19 cases and fatalities. As a matter of huge concern, the Indira Gandhi Medical College & Hospital, Shimla, has run out of beds in isolation facility and can’t accommodate more patient, unless someone is discharged or dies. There was space for only 85 patients at the hospital, which is full presently.

The DDU hospital, too, is running out of capacity with a surge in cases. Further, make-shift hospitals announced by the state government haven’t seen light of day. IGMC is the largest medical facility of the state and COVID-19 patients in critical condition were referred here.  

The situation could worsen due to the ongoing festive and wedding season. Markets are crowded and people are hardly following social distancing norms in marriages.

Further, yesterday seven people including a 16-year-old girl lost their lives. The decision to open schools seems to be backfiring as hundreds of teachers and several students were found positive for COVID-19 during the past few days. There are speculations that the state government could decide on closing schools for some time in the Cabinet meeting to be held today.

Details regarding the causes of fatalities below:

Himachal Pradesh COVID-19 deaths in november 2020 f

On Monday, five doctors and nine staff nurses at the Shri Lal Bahadur Shastri Government Medical College and Hospital, Nerchowk in Mandi district, tested positive.

Yesterday, the state reported a record 711 confirmed cases with seven fatalities in a single day. Shimla district reported the highest 204 confirmed cases.

The COVID-19 death tally has now mounted to 378, while the total number of cases had reached 26197 till yesterday evening (till 9 pm).

HP Health Department COVID-19 Bulletin for November 9, 2020 (9 pm)

 

Himachal Pradesh covid-19 cases on november 10

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