NATIONAL NEWS
Supreme Court rules in favour of Amazon against Future-Reliance Retail deal
The Supreme Court on Friday ruled in favour of e-commerce giant Amazon against the proposed ₹24,713-crore merger deal between Future Retail Limited and Reliance Retail. A Bench of Justices Rohinton F. Nariman and B.R. Gavai upheld the validity and enforceability of a Singapore-based Emergency Arbitrator (EA) award, which restrained Future Retail Limited from going ahead with its deal with Reliance Retail, under the Indian laws. With this, the court has made it clear that the EA’s decision could be accepted and enforced as an interim award by an arbitral tribunal under Section 17 of the Arbitration and Conciliation Act. Senior advocate Harish Salve, for Future Retail, had said the EA award did not have any place in the Indian statute books. The senior lawyer had argued that the award of the Singapore EA cannot be enforced under Section 17 of the Arbitration Act. Future Group had entered into a ₹24,713-crore deal with Mukesh Ambani’s RIL to sell its retail, wholesale, logistics and warehousing units. Arbitral awards are enforced under the Civil Procedure Code and not under the arbitration law, he submitted. Amazon has, in turn, argued that the Future Group is bound by the EA award. Further, the court upheld a Single Judge Bench order of the Delhi High Court to Future Group to maintain ‘status quo’ on the sale of its retail assets to Reliance Industries. The Emergency Arbitrator’s award under Section 17(1) and the Single Judge order is upheld, Justice Nariman, who authored the judgment, pronounced in court on Friday. Supreme Court ruled in favour of Amazon, holding the firm could seek interim relief from Singapore arbitral tribunal that restrained Future Retail from going ahead with its $3.4 billion sale to Reliance. Amazon approached the Supreme Court after a Division Bench of the High Court, on February 8, revoked the Single Judge’s order. The Division Bench’s decision was based on an appeal filed by Future Retail Limited. It is evident that the Single Judge order to maintain status quo was directed for the limited purpose of protecting the substratum of the dispute till a detailed order was issued… However, the High Court, instead of waiting for a detailed order, has issued the interim order [February 8] staying the operation, implementation and execution of the Single Judge order without giving any reasons, Amazon had contended in its petition before the top court. Amazon had urged the top court to protect its interests and rights as the balance of convenience was in its favour. Respondents [Future Group] have unequivocally stated that they will continue to take steps to complete the transaction. The greater the progress made towards the completion of the transaction, the harder it will be to unravel it, Amazon had pleaded in the top court.
Government disallows question on Pegasus, says matter is sub judice
The Narendra Modi government has disallowed a question posed by CPI MP Binoy Viswam seeking details on a possible MOU between the government and Israeli cybersecurity firm NSO Group to deal with terrorist activity, citing that the matter is sub judice. Reports by the Pegasus Project, an international consortium of media organisations, that includes the Indian news portal The Wire have revealed that phones of politicians journalists, activists and Supreme Court officials, among others, were infected with Pegasus spyware. This is a military grade software that is sold by the NSO group only to governments. So far, the government has neither denied nor confirmed purchasing the hacking software. Detailing the questions he asked, Viswam said, I had asked three questions to the Ministry of External Affairs the number of MoUs government has entered into with foreign companies, the details sector-wise; (b) whether any of these MoUs with foreign companies has been in order to curb terror activities through cyber security, the details of the same; and (c) whether Government has entered into a MoU with NSO Group in order to curb terror activities through cyber security across the nation, if so, provide details thereof. He said the question was filed about two weeks back and was listed for August 12. But he was later informally informed that the question will not be admitted since the matter is already in Supreme Court. I haven’t received any formal communication on this, he added. It is ironic, Viswam said, that when the Opposition holds protests demanding a discussion on Pegasus, the government preaches about the importance of a Question Hour and how it is the hour meant for opposition members. These lessons are great, but they themselves should also abide by it, he added.
CBI, police ignore complaints from judges about threats: Supreme Court
The Supreme Court on Friday said Central agencies such as the CBI and the Intelligence Bureau and State police forces chose to ignore complaints from judges about abusive messages and threats even as attacks on the judiciary were on the rise. The court suggested the formation of a special force to protect judges, especially trial judges who decide criminal cases involving high-profile accused. We have seen that in criminal cases involving high-profile people, there is a new trend of maligning judges. There is no freedom for judges to work. The CBI, the police, the IB do not help the judiciary. I am making this statement with some sense of responsibility. In several cases across the country involving gangsters and high-profile and powerful accused, they threaten judges, not just physically but also mentally through abusive messages, peeping into judges’ online accounts, etc. We are very sorry to say that the CBI did nothing about complaints made to it… There is still no change in the attitude of the CBI, Chief Justice of India N.V. Ramana said. Attorney-General K.K. Venugopal, who was asked to assist the court, related an incident of a Magistrate who was threatened on the eve of taking up a case against some gangsters. His daughter’s life was threatened. So, given a choice between his daughter’s life and doing justice, he adjourned the case… Judges as a class are more vulnerable, say, than bureaucrats, the top law officer said. The court asked whether Jharkhand had washed its hands off any responsibility of investigating the daylight murder of Jharkhand judge Uttam Anand by transferring the case to the CBI. The court said the judge’s death was a result of the Jharkhand government’s negligence to protect its judges. The CJI said the State government chose to ignore threats to judges like Anand, who was working in Dhanbad district, where the powerful coal mafia reigns. A young judge lost his life because of the negligence of Jharkhand government, Chief Justice Ramana said about the tragic death. The court pooh-poohed Jharkhand’s claim that it had built boundary walls around judges’ colonies. And you think boundary walls will keep away hardened criminals? Justice Surya Kant asked Jharkhand Advocate General Rajiv Ranjan. Venugopal said the frequent attack on judges, including judges of the High Courts, highlighted the need for the formation of a special body to protect the judiciary and ascertain the danger to them. Chief Justice said judges functioning in courts were not protected from anti-social elements entering court complexes and resorting to violence and threats. There should be some security measures… the creation of a special force, similar to the Railway Police Force, to protect judges. An environment should be created so that judges can work without fear, Chief Justice Ramana said.
Rajya Sabha adjourned twice as Opposition protests continue
The Rajya Sabha was adjourned twice on Friday owing to protests by the Opposition parties on various issues, including Pegasus. As proceedings began, Deputy Chairman Harivansh congratulated wrestler Ravi Kumar Dahiya for winning Silver medal at the Tokyo Olympics. After the papers and statements were laid on the table of the House, Zero Hour was to be taken up when Congress leader Anand Sharma said Jal Shakti Minister Gajendra Singh Shekawat was not in the House when his statement was listed in the business. There was a Statement by Minister, at serial No. 3, by Shri Gajendra Singh Shekhawat. You called the name, but, the Minister is not here. When 21 Ministers’ statements can be laid by one Minister. I want to know, because this is disrespect to the House, whether specific permission was taken and granted. If not, why is the Minister absent, when the papers are listed against his name?, said Sharma. Leader of the House Piyush Goyal responded, I certainly respect what hon. Anand Sharma ji has said. We will make enquiries and I will get back to you. Ahead of Zero Hour, Harivansh said that nine notices had been received for suspension of rules under Rule 267 on two subjects, farmers agitation and the Pegasus issue. I want to inform the members that the hon. Chairman has already admitted notices for Calling Attention and Short Duration Discussion on different subjects, including the farmers’ agitation. I will request the Leader of the Opposition, leaders of parties, the Leader of the House and the Minister for Parliamentary Affairs to sit together to finalise the dates on which discussion on these important matters could be taken up in the House, he stated. Several Opposition members then gathered in the well of the House, shouting slogans. Amid the din, Zero Hour continued for some time before the House was adjourned till noon. Post-lunch also, due to protests, the proceedings were adjourned for the day.
INTERNATIONAL NEWS
India, China withdraw from Gogra area in Eastern Ladakh
India and China have undertaken disengagement from Gogra area of Eastern Ladakh following an agreement at the 12th round of Corps Commander talks, the Army said on Friday. This is the second friction area from which disengagement has been done after Pangong Tso (lake) in February as part of efforts of withdrawal and de-escalation along the Line of Actual Control (LAC) in Eastern Ladakh. As per the agreement, both sides have ceased forward deployments in this area in a phased, coordinated and verified manner. The disengagement process was carried out over two days, August 4 and 5. The troops of both sides are now in their respective permanent bases, the Army said in a statement. All temporary structures and other allied infrastructure created in the area by both sides have been dismantled and mutually verified, it stated. The landform in the area has been restored by both sides to pre-stand-off period. This agreement ensures that the LAC in this area would be strictly observed and respected by both sides, and that there was no unilateral change in status quo, it stressed. With this development, the focus of further talks would be on disengagement at PP15 in Hot Springs, according to a defence official. Some progress had been made but some issues remain, he observed.
India, Sri Lanka and Maldives to collaborate on security.
India, Sri Lanka and the Maldives have agreed to work on four pillars of security cooperation, covering areas of marine security, human trafficking, counter-terrorism, and cyber security, in a recent virtual meeting of top security officials of the three countries. The Deputy National Security Adviser-level meeting was hosted online by Sri Lanka on Wednesday, and chaired by General LHSC Silva, Chief of Defence Staff and Commander of Army of Sri Lanka. Pankaj Saran, Deputy National Security Adviser of India, and Aishath Nooshin Waheed, Secretary, National Security Adviser’s Office of the Maldivian President participated. The discussion comes nine months after National Security Adviser Ajit Doval visited Colombo for deliberations with Secretary to Sri Lanka’s Ministry of Defence, Kamal Gunaratne, and Defence Minister of Maldives, Mariya Didi, in which the three countries agreed to expand the scope of intelligence sharing. Their meeting marked the revival of NSA-level trilateral talks on maritime security in the Indian Ocean Region after a gap of six years. Following up on that, the Deputy NSA-level meeting this week identified four pillars of cooperation in Marine Safety and Security, Terrorism and Radicalisation, Trafficking and Organised Crime, and Cyber security, a press release from the Indian High Commission here said on Friday, adding specific proposals for cooperation in each area, including joint exercises and training were discussed. The ‘Colombo Security Conclave’ among the three neighbouring countries seeks to further promote maritime security in the Indian Ocean Region, and was initiated by President Gotabaya Rajapaksa in 2011, when he was Secretary to the Ministry of Defence, according to a media release from the Sri Lankan Army. In military and security collaboration, assumes significance in the region, in the wake of the current geostrategic dynamic that India shares with Sri Lanka and the Maldives. Earlier this year, India aired security concerns over China being awarded development projects in an island off Sri Lanka’s northern province, close to India’s southern border. Engagement with Quad On the other hand, the Maldives’s engagement with members of the India-United States-Japan-Australia grouping, known as the Quad’, has been growing over the last year, especially in the area of defence cooperation. The Ibrahim Mohamed Solih government signed a ‘Framework for a Defence and Security Relationship’ agreement with the United States last year, an initiative that India welcomed. In November 2020, the Maldives received a Japanese grant of $7.6 million for the Maldivian Coast Guard and a Maritime Rescue and Coordination Center. Meanwhile, Male’s foreign policy choices are increasingly being challenged by sections, mostly opposition groups, wary of Indian boots on the ground.
SPORTS NEWS
Tokyo Olympics: Wrestler Bajrang Punia to fight for bronze; Indian 4x400m relay team breaks Asian record but fails to qualify for final
Triple World championships medallist Bajrang Punia defied a dodgy knee to stay in contention for a bronze medal in the men’s freestyle 65kg category at the Tokyo Olympics on Friday. The second-ranked Bajrang, who injured his right knee during the Ali Aliyev memorial tournament in Russia in June, wrestled intelligently to beat Ernazar Akmataliev of Kyrgyzstan 3-3 (via criteria) and Morteza Ghiasi of Iran ‘by fall’ to enter the semifinals. In the last-four contest, Bajrang lost to Rio Olympics bronze medallist and three-time World champion Haji Aliyev of Azerbaijan 12-5 to make it to the repechage round. Bajrang will meet either Worlds silver medallist Kazakh Daulet Niyazbekov or multiple African champion Adama Diatta of Senegal in the bronze medal contest on Saturday. Bajrang opened his account with a passivity point against Aliyev in the semifinals, but gave away four points when the Azerbaijani attacked his legs for two takedowns. Bajrang came out of his shell to bridge the gap but Aliyev countered and used the double-leg twists to collect four important points. Bajrang’s takedowns reduced the margin to 5-9. However, Aliyev wrestled smartly to make it 11-5. A desperate video referral challenge from Bajrang was in vain. Meanwhile, an off-colour Seema Bisla lost to Tunisian Sarra Hamdi 3-1 in a women’s 50kg first round bout. Sarra’s 10-0 defeat to multiple Olympic medallist Mariya Stadnik in the quarterfinals ended Seema’s hopes for a repechage appearance. In the 4×400 m relay quartet, the India team shattered the Asian record with a 3:00:25 effort in the Olympics heat race but failed to qualify for the final round by a whisker here on Friday. The quartet of Muhammed Anas Yahiya, Tom Noah Nirmal, Rajiv Arokia and Amoj Jacob ran a time of 3 minutes 6 seconds to finish fourth in the second heat. India missed out the eight-team final as they ended at ninth spot overall. The first three in each of the two heats and the next two fastest qualify for the final. The earlier Asian record was in the name of Qatar, which had clocked 3:00.56 while winning the gold in the 2018 Asian Games.
