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Supreme Court notice to Modi govt on plea against amendment to corruption law

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6 years ago

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SUPREME-COURT

[vc_row][vc_column][vc_column_text]The Supreme Court today (Monday, Nov 26) issued notice to Narendra Modi government on a plea challenging constitutional validity of amendments made to the Prevention of Corruption Act in July this year making it difficult for probe agencies to expeditiously act on complaints of graft against serving and retired bureaucrats.

The amendment to the anti-graft law mandates prior sanction before starting a probe against a serving or retired government servant in a corruption case.

The Supreme Court bench comprising Chief Justice Ranjan Gogoi and Justice Ajay Rastogi was hearing a petition filed by the Center for Public Interest Litigation (CPIL).

The petition seeks a review of Section 17A of the PC Act which mandates that the still-to-be-formed Lokpal at the Centre and the Lokayuktas in States will have powers to approve initiation of inquiries against all serving and retired bureaucrats upon receipt of any complaint of graft against them. The Centre has been asked to respond to the notice within six weeks.

The Centre notified amendments to the PC Act on July 26 this year. The amended anti-graft law introduced stringent penalties for bribe givers and bribe seekers once their culpability in the act was proven but, on the other hand it made the investigative process more cumbersome.

Many anti-graft crusaders had, at the time of the passage of the amended legislation, mocked the law as one that should be called Protection (and not Prevention) of Corruption Act”.

The provision of prior sanction also introduces an element of government discretion and preference in choosing which official should be proceeded against and who should be spared.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1543225561723{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #cecece !important;border-radius: 10px !important;}”]The amended Section 17A of the Act reads thus:

“(1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval —

(a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;

(b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;

(c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed:

Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person:

Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Critics of the amended Act claim that Section-17A “violates of Article-14, 19 and Article-21 of the Constitution of India” and that it also takes away or abridge the fundamental rights of complainants of fair investigation as well as equality before the law.

The Modi government, on the other hand, has maintained that the amended legislation serves as a strong deterrent against corruption while it also safeguards conscientious bureaucrats against motivated complaints.

Votaries of the amended Act state that it had increased the punishment for those found guilty of offering a bribe from the previous mandated jail term of six months to three years to a more stringent “up to seven years imprisonment”. The amended law also provides for a sentence of “between five to 10 years” for repeat offenders. It also stipulates that investigation and trial against government employees alleged of crimes under that Act must be completed within two years – and if this condition is not met then a maximum extension of another two years may be granted.[/vc_column_text][/vc_column][/vc_row]

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China gives nod to build world’s largest dam on Brahmaputra close to Indian border

The investment in this dam could surpass one trillion yuan (approximately $137 billion), significantly overshadowing all other single infrastructure projects, including China’s own Three Gorges Dam, which is currently recognized as the largest in the world.

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2 mins ago

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December 26, 2024

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China has given its nod to construct the world’s largest dam, termed the most significant infrastructure project globally, with an estimated cost of $137 billion, located on the Brahmaputra River in Tibet near the Indian border, raising alarms for neighboring countries, particularly India and Bangladesh.

The Chinese government announced its decision to develop a hydropower project in the lower reaches of the Yarlung Zangbo River, which is the Tibetan nomenclature for the Brahmaputra.

The dam will be sited at a substantial gorge in the Himalayan region where the Brahmaputra river makes a notable U-turn, flowing into Arunachal Pradesh before reaching Bangladesh.

The investment in this dam could surpass one trillion yuan (approximately $137 billion), significantly overshadowing all other single infrastructure projects, including China’s own Three Gorges Dam, which is currently recognized as the largest in the world.

China had previously operationalised the $1.5 billion Zam Hydropower Station, the largest in Tibet, back in 2015. This Brahmaputra dam project forms part of the 14th Five-Year Plan (2021-2025) and is aligned with broader National Economic and Social Development goals and Long-Range Objectives set out through 2035, as established by the Communist Party of China’s key policy-making body in 2020.

Concerns have been raised in India, as the dam would allow China not only to manage water flow but also potentially to release significant water volumes, which could inundate border areas during hostilities. In parallel, India is also pursuing the construction of a dam on the Brahmaputra in Arunachal Pradesh.

In 2006, India and China instituted the Expert Level Mechanism (ELM) to address various matters related to trans-border rivers, which involves China providing hydrological data regarding the Brahmaputra and the Sutlej rivers during the monsoon seasons.

Discussions on data sharing related to trans-border rivers were highlighted in recent talks between the Special Representatives for border issues in India and China, NSA Ajit Doval, and Chinese Foreign Minister Wang Yi, which took place on December 18.

The proposed Brahmaputra Dam presents substantial engineering hurdles, situated along a tectonic plate boundary known for seismic activity. The Tibetan Plateau, often referred to as the “roof of the world,” is susceptible to earthquakes because of its location over tectonic plates.

An official statement released on Wednesday attempted to alleviate fears concerning seismic risks, asserting that the hydropower project is designed to be safe and emphasizes ecological protection.

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India News

SBI PO recruitment 2024: 600 probationary officer posts announced

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9 mins ago

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December 26, 2024

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The State Bank of India (SBI) has released its official notification for the recruitment of Probationary Officers (PO) for 2024. The recruitment drive aims to fill 600 vacancies, including 586 regular positions and 14 backlog positions. Interested candidates can apply online through the official website, sbi.co.in, starting December 27, 2024.

This recruitment drive aims to fill 600 Probationary Officer (PO) positions, offering a great opportunity for aspirants looking to build a career in banking with one of India’s most prestigious financial institutions. The SBI PO posts will be filled through a rigorous three-phase selection process, including preliminary exams, main exams, and a final interview.

Candidates must meet the eligibility criteria, including a graduation degree and age requirements, to apply for the posts. The application process will be conducted online, with important dates for registration, examination, and document submission clearly outlined. Interested candidates are encouraged to check the official SBI website for detailed instructions and begin preparing for the upcoming selection rounds.

Key Dates

  • Application Start Date: December 27, 2024
  • Application Deadline: January 16, 2024
  • Preliminary Exam Call Letters Available: 3rd or 4th week of February 2025
  • Phase-I Preliminary Examination: March 8 and 15, 2025

Eligibility Criteria

  • Educational Qualification: A graduate degree in any discipline from a recognized university or equivalent. Final-year students can apply provisionally, provided they present proof of graduation by April 30, 2025.
  • Age Limit: Applicants must be between 21 and 30 years old as of April 1, 2024 (born between April 2, 1994, and April 1, 2003, inclusive).

Selection Process

The selection process involves three phases:

  1. Phase I: Preliminary Examination
    • An online objective test carrying 100 marks.
  2. Phase II: Main Examination
    • Conducted online, it includes an objective test for 200 marks and a descriptive test for 50 marks.
  3. Phase III: Psychometric Test, Group Exercise, and Personal Interview
    • A psychometric test will profile candidates’ personalities. Shortlisted candidates will participate in group exercises and interviews.

Application Fee

  • Rs. 750/- for Unreserved, EWS, and OBC candidates.
  • No fee for SC, ST, and PwBD candidates.

How to Apply?

Candidates must visit the official website, register, and complete the application process by the deadline. The call letters for the preliminary examination will be available in February 2025.

This recruitment provides an excellent opportunity for aspiring candidates to join one of India’s premier banking institutions. Applicants are advised to carefully review the eligibility and selection criteria before applying.

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Instagram influencer and RJ Simran Singh found dead in Gurugram

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24 mins ago

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December 26, 2024

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Simran Singh, popular Instagram influencer and radio jockey, found dead in Gurugram apartment

Simran Singh, a well-known freelance radio jockey and social media influencer from Jammu and Kashmir, was found dead in her apartment in Gurugram’s Sector 47. Authorities suspect suicide as the cause of death.

The 25-year-old, known by her fans as RJ Simran, had a significant following on Instagram, amassing nearly seven lakh followers. Her last post, shared on December 13, featured a reel captioned, “Just a girl with endless giggles and her gown, taking over the beach.”

Simran, often referred to as “Jammu Ki Dhadkan” (Heartbeat of Jammu), was a beloved personality in her hometown and beyond. Her vibrant presence and engaging content had endeared her to fans across the country.

According to police reports, Simran’s friend, who was staying with her, alerted authorities. Following standard procedures, her body has been handed over to her family.

The news of her untimely death has left her fans and followers in shock. Many have taken to social media to express their grief and pay tribute to the young influencer.

Investigations are underway to determine the circumstances leading to her death.

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