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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: 10 COVID-19 Deaths in Single Day Take Tally to 145, DDU MS Replaced Following Patient Suicide

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Shimla-DDU covid-19 patient suicide 2

Shimla-Himachal Pradesh reported 10 COVID-19 deaths on September 24, 2020, which took the state’s death tally to 145. This is the biggest single-day-spike in the fatalities – a matter of huge worry amid community spread. Kangra district reported the highest six deaths while Shimla, Chamba,  Sirmaur, and Kullu reported one death each. The deceased including eight males and two females were aged between 55-78 years. At least five of these deceased were patients of diabetes mellitus.So far,

So far,  Kangra district has reported the highest 37 deaths, followed by Shimla (24), Solan (23), Mandi (20), Una (10), Sirmaur (10), Chamba (8), Hamirpur (6), Kullu (5), Bilaspur (1), and Kinnaur (1).

Go through the reasons of deaths given by the state Health Department below:Himachal pradesh corona deaths Sept 24

According to the official update, 337 new positive cases were registered yesterday. The total for the state has now reached 13,386. (Scroll down to view statistics for all districts)

DDU MS Replaced After COVID-19 Patient Suicide 

As part of the damage control, the Medical Superintendent of Shimla’s Deen Dayal Upadhyay (DDU) Hospital, Lokender Sharma, was replaced after a COVID-19 patient committed suicide inside the hospital premises. Dr Ramesh Chauhan has been appointed as the new MS.  The case has led to protests against poor facilities and mismanagement in COVID-19 hospitals in the state. The opposition even staged a protest on September 5.

Reacting to his removal, Dr Lokender denied any negligence on his part and said he had been working with insufficient staff and limited facilities. He also alleged that the administration did not consider his repeated complaint regarding the same. Himachal Pradesh Medical Officers Association (HMOA) has also pointed out that the state government has not done anything to chalk out a comprehensive strategy to deal with the pandemic. They also pointed out the lack of trained staff.

These developments, including a sudden spurt in the fatality rate among COVID-19 patients, are now exposing the poor preparedness of the state government. The government doesn’t seem to have any clue about controlling the spread. There is no data on the projected number of actual cases as it is not possible to trace all infected amid a community spread.

While there is a dire need to make more efforts to save lives, the government and the Chief Minister Jairam Thakur appear to be busy in preparing for the visit of the Prime Minister Narender Modi for the opening of the Rohtang Tunnel.

HP Health Department COVID-19 Bulletin- September 24, 2020 (9 PM)

DDU COVID Patient suicide in himachal pradesh

Feature Photo: [email protected]

 

 

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Five More COVID-19 Deaths, Three Suicides, Shimla’s Kotkhai Nagar Panchayat Sealed

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shimla kotkhai nagar panchayat sealed

Shimla– Five more COVID-19 casualties were reported in Himachal Pradesh on September 23, 2020. According to the official update from the Health Department, a total of 280 cases were reported till 9:00 pm today . The COVID-19 death tally is rising at an alarming rate with the onset of a community spread. Currently, a total of 135 persons have lost their lives due to COVID-19.(Scroll down for district-wise statistics)

These deaths were reported from Solan (1), Kangra (2), and Mandi (2). The deceased aged between 58 years to 77. Read the reasons for deaths below:

Shimla- kotkhai nagar panchayat sealed

Kotkhai Nagar Panchayat Sealed for Four Days

Kotkhai Nagar panchayat of Shimal district was sealed today after four persons tested positive at the CHC, Kotkhai. However, there is one case which has increased worries for both the people and the administration.

According to the BMO, Kotkhai, one of these persons, identified as Kavinder Kanwar, runs a car parking at the Kotkhai Bazaar. He also runs a newspaper distribution agency in the same area and deals in mobile recharge business. He frequently handles keys of cars parked in the parking as part of his routine task, it was informed.

“It is quite possible that the concerned positive person has also surely visited several shops and public places in Kotkhai bazaar during the last four days. In this situation, it is difficult to find out the exact contact tracing history due to which there is a high risk of surface transmission and risk of a direct contact person to person,”

informed the Sub-Divisional Magistrate, Theog, in a notification issued today.   

Therefore, the administration has declared the entire Kotkhai Nagar panchayat as containment zone and sealed it except for essential services for four days (till September 27th).

The local police have been directed to restrict any entry to or exit from the area. The BMO has been asked to undertake contact tracing and the Secretary of the Nagar panchayat area has been directed to sanitize the entire area.   

COVID-19 Positive Woman Ends Life at DDU, Shimla

A woman, who was tested positive for COVID-19, and was admitted to the DDU hospital, Shimla, ended her life on the intervening night of September 22-23. The exact reason for the suicide was yet to be ascertained.

Further, two suicides in Kangra district have been associated with the financial distress caused by the COVID-19 pandemic. One of the deceased worked at a fuel station.  The second person was a cab driver. According to the English daily, The Tribune, he had recently received a notice from the bank over non-payment of his loan that he had taken to buy a cab. These suicides are indicators that the people are in dire need of relief from the state government. 

HP Health Department COVID-19 Bulletin- September 23, 2020 (9 PM)

Himachal Pradesh COVID-19 Fatalities on september 23

 

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13 More COVID-19 Deaths in 2 Days, Total Mounts to 130

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Himachal Pradesh COVID-19 update for september 22, 2020

The COVID-19 fatality rate in Himachal Pradesh is on the rise as the death tally reaches 130 with 13 new deaths in the last two days. According to the Health Department’s official COVID-19 Bulletins, State reported seven deaths on September 21 and six on September 22. 

Today, the state registered 331 new confirmed cases with which the COVID-19 tally for the state rose to 12769. Of this total, 4124 are active cases, 8491 have recovered, and 20 migrated to outside the state. The infected also include Nachan MLA Vinod Kumar.

Details of COVID-19 Casualties on Sept 21-22

details of COVID-19 deaths in Himachal pradesh

Today, the highest cases were reported from Sirmaur district (79), followed by Mandi (66), Shimla 48, and Solan 38, and Kullu (25). (Scroll down to view more district-wise statistics.)
However, the actual number of cases could be higher as the state is in the community spread phase. No projection regarding the actual number of cases and deaths has been issued by the state government.

So far, the state government has tested only 271449 persons for COVID-19. Considering the community spread, the state government is supposed to increase the number of tests.

Meanwhile, Chief Minister Jairam Thakur said that people should refrain from going to crowded places and take all precautions. However, tourists thronging the state are hardly following any rules. After lifting all restrictions on inter-state movement, the state government is now preparing to open the inter-state bus services, which would fuel the community spread.  The people are already expressing their resentment with the decision to suddenly lift all restrictions on movement of tourists. Amid these uncertain circumstances, rising fatality rate is the main concern. 

HP Health Department COVID-19 Bulletin- September 12, 2020 (9 PM)

  

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