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Behind the deadly Tuticorin affair: Centre tweaked rules to help Vedanta avoid public hearing

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Behind the deadly Tuticorin affair: Centre tweaked rules to help Vedanta avoid public hearing

When local opposition to Vedanta owned Sterlite copper plant in Thoothukudi (earlier ‘Tuticorin’) exploded in an aggressive protest leading to violence and police firing which took 13 lives, Madras High Court stayed the expansion of the plant and ordered it to go for a public hearing. The company claimed it was not a legal requirement.

Some reports after this revealed that this was because the rules had been tweaked by the Centre to favour Vedanta.

While the Tamil Nadu government has been facing the ire for police action and is accused of favouring Vedanta, it is the UPA and then the Modi government which changed laws and tweaked rules for the company. The Modi government went to new lengths – we shall come back to it later here.

To begin with, said a report in The Economic Times (ET), Sterlite Industries was allowed by both the UPA and NDA governments to construct the copper smelter in Tuticorin without carrying out the mandated public hearing process.

The plant was first given the green signal by the environment ministry’s expert appraisal committee in 2008, when the United Progressive Alliance was in power, the ET report said.

In 2008, Vedanta’s Sterlite Industries Limited had sought exemption from public consultation. The 2006 Environment Impact Assessment (EIA) Rules state: “All Category ‘A’ and Category B1 projects or activities shall undertake public consultation, except… all projects or activities located within industrial estates or parks.”

Copper smelter plants fall under category A. However, Sterlite Industries sought for an exemption to this rule in 2008, stating that the smelter was located within an industrial park.

According to the report, the industrial park in question was not granted environmental clearance as the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) industrial park was developed before the notification of the Environmental Impact Assessment rules. As the 2006 Environment Impact Assessment rules do not cover industrial parks which did not receive environmental clearance, officials quoted in the report say that this was the grey area where Sterlite brought forward its plea.

The project got the clearance in 2008, but was held up for five years as the environmental clearance process was challenged in court.

The government changed and Modi government took charge. It ‘resolved’ the issue in December 2014 when the environment ministry stated in a memorandum that an exemption of projects from public consultation “is available to the projects or activities or units located in industrial estates or parks, which were notified prior to September 14, 2006, i.e EIA notification coming into force”.

The memorandum was struck down by the National Green Tribunal (NGT) in 2016, but not before Sterlite secured a five-year extension on its environmental clearance for its expansion project.

This helped plants such as the one at Thoothukudi to be constructed without taking the people of the affected area into confidence.

This move enabling the existing rules to be passed was done through mere orders from ministry which called it a ‘clarification’. In effect, laid down notified regulations under the law were re-interpreted by a mere executive order in the name of providing a ‘clarification’ to the industry.

This allowed Vedanta and other industries who made pleas, to go ahead with their projects without holding discussions with the public, said a report in The Business Standard (BS).

This interpretation by the NDA government came an a bonanza for companies because the environment ministry under UPA government had insisted in May 2014 that projects such as Vedanta’s in Thoothukudi were required by law to first go through public consultations, the BS report said.

The NDA government reversed this position in December 2014 and in March 2015 the environment ministry extended Vedanta’s environmental clearance till December 2018. This it did even while the question of the need for public hearing by projects in different kinds of industrial parks was being contested in the courts. This allowed the company to carry out construction.

In 2016, the National Green Tribunal (NGT) ruled as illegal the December orders of the NDA government, which favoured Vedanta. Ministry officials maintained that annulling the government’s December 2014 orders would severely affect several projects, but the NGT eventually quashed the orders and on its directions, the ministry passed fresh orders expressly stating that projects in industrial parks without environmental clearances needed to hold public hearings.

But by then, Vedanta had already got an extension of the green clearance to its expansion project in Thoothukudi without having a public hearing and construction was on way, the report says. Soon, protests started.  Before the May 22 violence, protests had been on for 100 days.

It is on the basis of the 2016 ruling of the NGT that the court has ordered Vedanta to halt the project and go back to the public to hold consultations.

This brings us the the point mentioned earlier. The background to the Centre-Vedanta involves another aspect: that of political funding by corporate houses, especially foreign funding.

In March 2014, the Delhi High Court had held both the Congress and the BJP guilty of illegally receiving contributions from British mining and energy conglomerate Vedanta.

The Congress and the BJP separately challenged the ruling. After the BJP came to power, it amended a law with retrospective effect, making the alleged illegal foreign funds that the two parties received legal and nullifying the high court order.

The Representation of People’s Act, which lays down the rules for elections, bars political parties from accepting foreign funds. Modi government changed it by bringing in alterations through Finance Bill which cannot be stopped by Rajya Sabha. First, in the Finance Bill 2016, the Modi government amended the Foreign Contribution (Regulation) Act (FCRA) to make it easier for parties to accept foreign funds. In 2018, it amended it further to do away with the scope for scrutiny of political parties’ funding since 1976.

This enables the BJP to get funds from foreign companies such as Vedanta without being subjected to scrutiny or having to reveal the source or the amount.

Bihar news

Mokama shootout case: Former Bihar MLA Anant Singh surrenders, sent to jail

Singh’s supporters retaliated to the initial attack, leading to the intense exchange of gunfire that gripped the area. The incident underscores the deep-seated power struggles and lawlessness that persist in certain parts of Bihar.

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Former Bihar MLA Anant Singh surrendered to a Barh court on Friday, facing charges related to a shootout on the outskirts of Patna. The incident, which occurred Wednesday evening, involved an alleged attack on Singh’s convoy by the notorious Sonu-Monu gang. The ensuing exchange of gunfire, according to eyewitness accounts, involved a significant volume of shots – estimates ranging from 60 to 70 rounds, though police reported a lower figure of 16-17.

Remarkably, Singh escaped unharmed. Following his surrender, he was remanded to Beur jail. Patna Senior Superintendent of Police (SSP) Awkash Kumar confirmed the surrender and the filing of three separate FIRs concerning the incident.

The shootout unfolded amidst a backdrop of escalating tensions in Mokama, a region with a history of violent crime and political rivalry. The involvement of the Sonu-Monu gang, known for its criminal activities, added a layer of complexity to the already volatile situation.

Singh’s supporters retaliated to the initial attack, leading to the intense exchange of gunfire that gripped the area. The incident underscores the deep-seated power struggles and lawlessness that persist in certain parts of Bihar.

Adding to the escalating tension, another shooting incident was reported on Friday in Hamza village, under the jurisdiction of Panchmahal police station in Mokama. Three spent cartridges were found near Mukesh Singh’s house, prompting an immediate investigation.

Senior police officials were deployed to the scene to assess the situation and gather evidence. The timing and location of this second incident suggest a possible connection to the previous day’s events, raising concerns about further escalation of violence.

Police have apprehended two suspects, Sonu and Roushan, in connection with Wednesday’s shooting. Investigations suggest that the Sonu-Monu gang specifically targeted Mukesh Singh, a former associate of the gang who had allegedly sought protection and assistance from Anant Singh. This suggests a complex network of allegiances and betrayals within the criminal underworld of Mokama.

Anant Singh, a controversial figure with a history of both political success and criminal accusations, has been a prominent figure in Mokama’s political landscape for years. His past includes a conviction in 2020 related to the recovery of an AK-47 rifle and other weapons from his ancestral home, resulting in his disqualification from the assembly.

However, he was acquitted of these charges in August 2024. His wife, a former MLA, recently shifted her political allegiance from the RJD to Chief Minister Nitish Kumar’s JD(U), further complicating the political dynamics of the region.

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Bollywood news

FIR filed against Shreyas Talpade, Alok Nath, 11 others in cheating case in Haryana

The case has sent ripples through the Bollywood industry, casting a shadow over the careers of both actors. While the details of their alleged involvement remain under investigation, the allegations raise serious questions about their conduct and potential complicity in a scheme that defrauded numerous investors.

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Bollywood actors Shreyas Talpade and Alok Nath find themselves embroiled in a significant legal controversy, named as accused in a cheating and breach of trust case registered at the Murthal police station in Sonipat, Haryana.

The First Information Report (FIR), filed on January 22, lists the two prominent actors among thirteen individuals charged under Sections 316 (2), 318 (2), and 318 (4) of the Bharatiya Nyaya Sanhita. These charges encompass criminal breach of trust, cheating, and the fraudulent transfer of property.

The complainant, Sonipat resident Vipul Antil, levelled accusations against the Human Welfare Credit Cooperative Society, registered in Indore under the Multi-State Cooperative Societies Act of 2002. Antil alleges that the society, active across multiple states, including Haryana, since September 16th, 2016, lured investors with promises of exorbitant returns on fixed deposits (FDs) and recurring deposits (RDs).

The society employed a multi-level marketing strategy, incentivizing agents to recruit additional investors, creating a pyramid scheme structure that ultimately led to widespread financial losses.

Ajeet Singh, the Additional Commissioner of Police (ACP) in Murthal, confirmed the inclusion of Talpade and Nath’s names in the list of accused, based on statements provided by the complainant. Singh clarified that the primary focus of the investigation remains the alleged fraudulent activities of the cooperative society, and the police are currently working to determine the specific roles, if any, played by Talpade and Nath in the alleged scheme. The investigation will delve into the extent of their involvement and whether they directly benefited from the alleged fraudulent activities.

The case has sent ripples through the Bollywood industry, casting a shadow over the careers of both actors. While the details of their alleged involvement remain under investigation, the allegations raise serious questions about their conduct and potential complicity in a scheme that defrauded numerous investors.

Shreyas Talpade’s most recent cinematic appearance was in Kangana Ranaut’s directorial debut, Emergency, a historical drama set during India’s tumultuous Emergency period from 1975 to 1977. Alok Nath, a veteran Bollywood actor, boasts a prolific career spanning over three decades and encompassing over 300 films, establishing him as a familiar face in Indian cinema. The unfolding investigation will determine the extent of their involvement in this complex financial crime and the consequences they may face.

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India News

BPSC results out: Aspirants react as controversy, protests over paper leak persist

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BPSC aspirants ask Prashant Kishore to step back from protest site, political strategist-turned-politician responds

The Bihar Public Service Commission (BPSC) declared the results for the 70th Combined Competitive Exam (CCE) on January 23, 2025. In the hours following the announcement, reactions to the results and the subsequent developments have continued to unfold, with protests, legal challenges, and debates surrounding the exam process showing no sign of abating.

21,581 candidates clear, but tension persists

While 21,581 candidates cleared the preliminary exam, questions remain about the legitimacy of the results. Legal challenges have already been initiated, with petitions filed in the Patna High Court questioning the integrity of the examination process, particularly regarding the status of those who were debarred due to alleged malpractice. The court’s involvement could still alter the final list of successful candidates.

Political impact and ongoing reactions

The protests have also drawn political figures into the fray. Prashant Kishor, leader of the Jan Suraj Party, joined the demonstrations and went on an indefinite hunger strike starting January 2, showing solidarity with the aspirants. His involvement and calls for action have added a political dimension to the controversy, which is now under the scrutiny of Bihar’s government.

Bihar Governor Arif Mohammad Khan recently met with a delegation of aspirants to hear their grievances and assured them that steps would be taken to address their concerns. The Governor also appealed to Prashant Kishor to end his fast, citing health concerns.

Looking ahead: What’s next for the 21,581 pass candidates?

For the candidates who have successfully passed the prelims, the main examination is the next step. However, the future of the recruitment process remains uncertain, with protests, petitions, and public calls for reforms still ongoing. The uncertainty surrounding the exam’s integrity and the lack of clarity on future steps means that the exam’s aftermath will likely continue to dominate discussions.

As the BPSC navigates the fallout from this highly contentious exam, it faces increasing pressure to restore public trust and ensure that future recruitment processes are conducted with the highest standards of fairness and transparency.

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