SUPREME COURT CALLS VACCINE POLICY FOR AGES 18-44 ‘ARBITRARY, IRRATIONAL’

Underlining that “our Constitution does not envisage courts to be silent spectators when constitutional rights of citizens are infringed by Executive policies”, the Supreme Court said Tuesday that the Centre’s policy of arranging free Covid-19 vaccine jabs for the 45-plus age category, Health Care Workers (HCW) and Front Line Workers (FLW) while asking the 18-44 age group to pay for the vaccination by state and Union territory govts and private hospitals was “prima facie arbitrary and irrational”.

Directing the Centre to “undertake a fresh review of its vaccination policy addressing the concerns raised”, the bench of Justices D Y Chandrachud, L Nageswara Rao and S Ravindra Bhat sought detailed information in the form of an affidavit in two weeks.

In its affidavit earlier, the Centre had urged the court to trust the wisdom of the executive and leave policy decisions to it.

On this, the bench said while separation of powers is a basic feature of the Constitution and policy-making is the sole domain of the executive, it “does not result in courts lacking jurisdiction in conducting a judicial review of these policies”. It asked the govt to provide all documents and file notings “reflecting its thinking and culminating in the vaccination policy” in an affidavit in two weeks.

KEY COVID NUMBERS

Current Active Cases Countrywide: 17,08,716

New Cases in last 24 hours: 1,34,050

Recovered in last 24 hours: 2,11,905

Change in no. of Active cases in last 24 hours: -80,754

No. of deaths in last 24 hours (Total Covid Deaths so far): 2,899 (3,38,013)

Daily Tests (Tuesday): 32,65,073

Daily Positivity Rate (Proportion of Positives among total Tested): 4/1%

Most Affected States:

(S. No. / State / No. of Active Cases / New Cases in last 24 Hrs / Deaths in Last 24 Hrs)

1          Karnataka                     2,93,024           /           16,387  /           463

2          Tamil Nadu       2,88,702           /           25,317  /           483

3          Maharashtra     2,16,016           /           15,169  /           553

4          Kerala              1,92,513           /           19,661  /           213

5          Andhra Pradesh            1,43,795           /           12,768  /           98

6          Odisha             76,626  /           8,399    /           40

7          West Bengal     70,015  /           8,923    /           135

8          Assam              51,061  /           4,178    /           61

9          Telangana                    33,379  /           2,384    /           17

10        Rajasthan                     32,650  /           1,276    /           65

11        Chhattisgarh     31,635  /           1,792    /           40

12        JnK                  31,579  /           1,718    /           24

13        Punjab              31,133  /           2,214    /           99

14        Uttar Pradesh   28,694  /           1,283    /           115

15        Gujarat             26,232  /           1,333    /           18

16        Uttarakhand      25,366  /           1,003    /           38

17        Madhya Pradesh           17,136  /           991       /           45

18        Haryana                       14,668  /           1,171    /           78

19        Bihar                12,590  /           1,158    /           46

20        Himachal Pradesh         11,975  /           891       /           29

21        Goa                  10,840  /           706       /           22

22        Puducherry       10,166  /           867       /           17

23        Delhi                9,364    /           576       /           103

24        Manipur                        9,035    /           729       /           14

25        Jharkhand        7,307    /           532       /           11

26        Meghalaya        6,403    /           532       /           24

27        Tripura             6,285    /           571       /           6

28        Nagaland                      4,832    /           218       /           27

29        Sikkim              4,103    /           250       /           3

30        Arunachal Pradesh        3,817    /           376       /           2

31        Mizoram                       3,096    /           235       /           2

32        Lakshadweep    1,467    /           169       /           2

33        Chandigarh       1,251    /           134       /           3

PALESTINE TO INDIA: SILENCE AT UN BODY STIFLES FIGHT FOR RIGHTS

Days after India abstained at the UN Human Rights Council on a resolution proposing to set up a Commission of Inquiry into violations related to the latest round of violence in Gaza, the foreign minister of the Palestinian National Authority has complained that New Delhi’s abstention “stifles the important work of… advancing human rights for all peoples, including those of the Palestinian people”.

“India missed an opportunity to join the international community at this turning point, both crucial and long overdue, on the path to accountability, justice and peace,” Riyad al-Maliki has written in a sharply worded letter to External Affairs Minister S Jaishankar.

India was among 14 countries that abstained on the proposal for an inquiry into the alleged human rights violations around the Israeli action in Gaza, and the “systematic” abuses in the Palestinian territories and inside Israel.

Twenty-four members voted in favour, and nine against the resolution that was adopted in Geneva on May 27.

OPPOSITION, GOVT FIGHT IT OUT OVER GDP GROWTH, GST REGIME

The Opposition, led by the Congress, clashed with the Centre on the health of the economy and issues with the GST regime with Minister of State for Finance Anurag Thakur refuting criticism that the lockdown had a deleterious effect on the economy.

Having saved lives, the govt has embarked on policies that showed a sharp economic bounce-back, Anurag argued.

The minister took on critics, especially former Union Minister P Chidambaram. But criticism also came from Punjab Finance Minister Manpreet Badal, former Union Minister Jairam Ramesh and Tamil Nadu FM Palanivel Thiagarajan (PTR).

The minister argued that the Indian economy was not the only one to have faced a GDP contraction and maintained that growth had returned from a contraction of 24.4 per cent in the first quarter of 2020-21 to 1.6 per cent in the year’s last quarter.

The NDA govt had been much more generous with cash transfers to farmers and the socio-economically challenged as well as in giving good credit to entrepreneurs, Anurag said.

He did not touch on Badal’s letter to Sitharaman, where he argued that bureaucrats had taken over the work of political leaders at the GST Council in making rules.

Chidambaram also said the “GST Implementation Committee (consisting of officers) became the tail that wagged the dog” and said Sitharaman was treating all FMs who expressed a contrary view “as errant schoolboys”.

INTERNATIONAL AFFAIRS

======================

XI SEEKS ‘LOVABLE’ IMAGE FOR CHINA, CALLS FOR GREATER GLOBAL MEDIA REACH

President Xi Jinping urged Chinese officials to create a “trustworthy, lovable and respectable” image for the country, in a sign that Beijing may be looking to smooth its hard-edged diplomatic approach. Xi said the country must improve the way it tells its “stories” to a global audience as it seeks to develop an international voice that reflects its status on the world stage, official news agency Xinhua reported.

Speaking at a Communist Party study meeting, Xi said it was crucial for China to improve its ability to spread its messages globally in order to present a “true, three-dimensional and comprehensive China”, Xinhua said on Tuesday. China needed to develop an “international voice” to match its national strength and global status, Xinhua said, citing Xi. It also needed to strengthen propaganda efforts to help foreigners understand Communist Party and the way it “strives for the happiness of the Chinese people”.

In a comment seen as an expression of dissatisfaction with the current lot of “wolf warrior” diplomats and bellicose official media outlets, Xi said country needed to create a team of professionals and adopt precise communication methods, he said.

THE REST

=========

DELHI HC ALSO PULLS UP CENTRE: SOME MUST BE ‘CHARGED WITH MANSLAUGHTER’

Saying there is a “tearing emergency” to fast-track approvals and “handhold” vaccine manufacturers in the country, the Delhi High Court on Wednesday said some people need to be “charged with manslaughter” for sitting on the “untapped potential” of Covid-19 vaccine manufacturing.

“What answer will you give for the loss of lives because of lack of vaccines?” the court asked the Centre in another strong indictment of its vaccine policy.

“There is such an element of palpable disquiet throughout the country. Everybody wants the vaccine. You have to cut this (process) short and somehow make the vaccine available,” a division bench of Justices Manmohan and Najmi Waziri said.

Observing that vaccine manufacturers were not being handheld, the court said this could be happening because of fear of vigilance or police investigations. “You have to tell them (officers) that this is not the time to be wary of these investigations or audit reports. This is leading to deaths today. Actually some people need to be charged with manslaughter if they have been just sitting over this untapped potential,” the court said while hearing an application filed by Panacea Biotec for release of the money awarded to it in 2019 by an arbitral tribunal in a 2010 case related to the manufacture of influenza vaccines.

The company, which has collaborated with the Russian Direct Investment Fund, told the court in its application that it would be deprived of the opportunity to manufacture Sputnik V vaccine at “fastest pace” in case the money awarded to it — Rs 14 crore with interest of 12 per cent per annum from 2012 — is not released.

…. AND HC RAPS DELHI GOVT TOO, OVER COVAXIN SHORTAGE

The Delhi High Court, on June 2, rapped the Aam Aadmi Party (AAP) govt in Delhi for not being able to provide a second dose of Bharat Biotech’s Covaxin COVID-19 vaccine to beneficiaries in time.

The HC told the Delhi govt: “If you could not provide the second dose of Covaxin, then why to start vaccination centres with so much pomp and splendour?”

The High Court has also sought the Delhi govt’s response on two pleas seeking a second dose of Covaxin within the due date and asked the Arvind Kejriwal-led administration if it can provide the second dose of Covaxin to people before the expiry of the six-week period from the first jab.

AAP MLA Atishi has already requested the Centre to supply adequate Covaxin doses to inoculate the youth. The COVID-19 vaccination drive for the 18-44 age group has already been suspended for nine straight days, she had told the Centre on June 1. Atishi had also pointed out that by June 2, several persons in the 18-44 age group would become eligible for their second dose.

NAVEEN PATNAIK WRITES TO CMS, SEEKS CONSENSUS OVER PROCUREMENT OF VACCINE BY CENTRE

Odisha CM Naveen Patnaik on Wednesday wrote to all the chief ministers in the country, urging them to build a consensus over procurement of the COVID vaccines by the Centre for distribution among the states.

In the letter, Patnaik wrote that no state is safe unless all the states adopt vaccination as the topmost priority and execute it on war-footing.

“Many states have floated global tenders for vaccine procurement. However, it is quite clear that the global vaccine manufacturers are looking forward to the Union Govt for the clearances and assurances,” he said. “They are unwilling to get into supply contracts with the State govt. While the domestic vaccine manufacturers are having supply constraints and are not able to commit required supplies,” the chief minister said.

Patnaik said that under these circumstances, the best option available is for the Centre to centrally procure vaccines and distribute them among the state so that the people are vaccinated at the earliest.

“At the same time, the execution of the vaccination programme has to be decentralised and States allowed the flexibility to determine their own mechanism to ensure universal vaccination,” he mentioned.

MEHUL CHOKSI NO LONGER INDIAN CITIZEN, CAN’T BE DEPORTED, HIS LAWYERS TELL DOMINICAN COURT

The Dominican Public Prosecution Service has told a court in the country that fugitive diamond jeweller Mehul Choksi should be deported to India as his plea is not maintainable.

Arguing that Choksi is not a citizen of India as Article 9 of the Indian Constitution states that any person who acquires a citizenship of a foreign country will automatically cease to be an Indian citizen, his legal team has told the Dominican court that he cannot be directly repatriated to India.

On May 24, a day after Choksi was reported missing in Antigua and Barbuda, he was caught by the local police of Dominica, where he reportedly arrived on a boat. Subsequently, Gaston Browne, the Prime Minister of Antigua and Barbuda, said his govt has “specifically requested” Dominica “to have Indian law enforcement agencies make necessary arrangements to have him (Choksi) returned directly to India”.

Choksi’s legal team has also claimed the 62-year businessman did not flee Antigua but was abducted as part of a honey trap.

CBSE: EVALUATION CRITERIA MAY TAKE 2 WEEKS, RESULTS BY JULY-AUGUST

Allaying fears and concerns of students and parents, the Central Board of Secondary Education (CBSE) yesterday said the results of Class 12 examinations would be announced well in time for students to apply for their next courses.

CBSE secretary Anurag Tripathi also said that any decision regarding the evaluation of results would “be in the best interests of students”.

"The process of completion of the criteria for evaluation may take two weeks. We are in the process of structuring the criteria. We will put it in public domain as soon as it is completed,” he said, requesting students not to panic or worry.

CENTRE CLEARS MODEL TENANCY ACT TO UNLOCK RENTAL HOUSING

The Centre yesterday approved the “Model Tenancy Act” for circulation among the states and Union Territories (UTs) with assemblies for adoption by way of enacting fresh legislations or amending existing rental laws suitably.

The centre noted that this will help overhaul the legal framework with respect to rental housing across the country and minimise the “trust deficit”.

The govt said, “The model Act aims at creating a vibrant, sustainable and inclusive rental housing market in the country. It will enable creation of adequate rental housing stock for all income groups, thereby addressing the issue of homelessness. This will enable institutionalisation of rental housing by gradually shifting it towards the formal market.” It said the Act would facilitate unlocking of vacant houses for rental purposes and is expected to give a fillip “to private participation in rental housing as a business model” for addressing the huge housing shortage.

Some key features of the Act revolve around conflict resolution, security deposit, vacating premises, increase in rent and tenancy agreement.

TARUN TEJPAL CASE: TRIAL COURT VERDICT LIKE ‘MANUAL FOR RAPE VICTIMS’, SAYS HC

The High Court of Bombay at Goa on Wednesday observed that the judgment of the sessions court that acquitted Tarun Tejpal, former editor-in-chief of Tehelka, in a case of rape and sexual assault was “a kind of a manual for rape victims” on how they should conduct themselves.

Granting leave to appeal to the Goa govt that has challenged the May 21 judgment of the sessions court, a vacation bench of Justice S C Gupte issued notice to Tejpal. The case will be heard next on June 24.

On Wednesday, Justice S C Gupte said the sessions court’s verdict shows that the case of the prosecution is “not even fully stated”.

Solicitor General Tushar Mehta, who represented the state govt with Advocate General of Goa Devidas Pangam and Additional Public Prosecutor Pravin Faldessai, told the High Court, “It pains me to point out that in the judgment of the sessions court there was a complete lack of sensitivity. One can’t make out if the victim is on trial or the accused.”

Mehta urged the court to direct the trial court to redact references made to prominent lawyers Indira Jaisingh and Rebecca John, whom the victim had approached after the alleged sexual assault in November 2013. He said the trial court’s judgment indicates that the woman’s decision to approach these lawyers had gone against her in this case.

While acquitting Tejpal, the trial judge had observed, “With the help of experts, there may be a possibility of doctoring of events or adding of incidents. Advocate for the accused has thus rightly submitted that the deposition of the prosecutrix has to be scrutinised in that angle.”

“The remarks were made that they are feminists as if it is a bad thing…Since when does being a feminist have a negative connotation in this country?,” said Mehta. “I am flagging this issue because it will have pan-India ramifications… this judgment will be read all over the world and these lawyers will be defamed,” Mehta said, seeking a redaction of their names from the judgment.

DELHI HIGH COURT CALLS JUHI CHAWLA’S SUIT AGAINST 5G ‘DEFECTIVE’, SAYS FILED FOR PUBLICITY

The Delhi High Court on Wednesday termed as “defective” the suit of actress-environmentalist Juhi Chawla against setting up of 5G wireless networks in the country and said it was filed for “media publicity”.

The court also questioned Juhi for filing the suit without giving any representation to the govt on her concerns related to the technology. Justice JR Midha said the plaintiffs, Chawla and two others, were required to first approach the govt for their rights and if denied, they should come to the court.

‘NEW RULES DON’T APPLY TO OUR SEARCH ENGINE’

Arguing that it is an “aggregator” and not a “social media intermediary,” Google on Wednesday moved the Delhi high court, contending that the new Information Technology rules for digital media were not applicable to its search engine as it did not fit the definition of “Significant Social Media Intermediary” (SSMI) which has been made a part of the rules mandating strict compliance.

It challenged a single judge order of HC where certain directions were issued against Google, ruling that the new rules apply to it. A bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice to the Centre, Delhi govt, Internet Service Providers’ Association of India, Facebook and others on the plea by the global firm, seeking their stand.

The case stems from a plea filed by a woman seeking to block offensive and objectionable content against her uploaded on a pornographic site. The single judge had directed Delhi Police to ensure the offensive content was removed and directions were also issued to search engines including Google, Yahoo and Bing to “globally de-index and de-reference” the offending content from their search results.

Google said the verdict “mischaracterised” the search engine as a “social media intermediary” or “significant social media intermediary” as provided under the new rules.

INDICATORS

Sensex 51,849 (-85), Nifty 15,576 (+1), Trading Value NSE (Rs.crores) 74353.28

Nasdaq 13,756 (+20) Dow 34,600 (+25), S&P 4,208 (+6)

US$-Rs. 72.91 GBP-Rs. 103.23, Euro-Rs. 88.99, UAE Dhm-Rs.19.84, Can$-Rs. 60.46, Aus$- Rs. 56.47

GBP 0.70 /US$, Euro 0.81 /US$, Jap.Yen 109.65 /US$, Aus$ 1.29 /US$, Sing 1.32 /US$, Bang Taka 83.30 /US$, Can$ 1.20 /US$, Mal Ring 4.12 /US$,

Pak Re 154.49 /US$, Phil Peso 47.77 /US$, Russian Rouble 73.35 /US$, NZ$ 1.38 /US$, Thai Baht 31.09 /US$, Ukraine Hryvnia 27.24 /US$

Bitcoin - USD 37,478

Dollar Index 89.91 Brent Crude 71.40  BDI 2,530

Gold world Spot Price USD/aoz 1,907 India (Rs. per gm 24k/22k) 4,923 / 4,823, Silver (Rs. Per KG) 71,900

THOUGHT FOR THE DAY

The paradox of life is everyone dies but not everyone fully lives. - Harvey Mackay

OFF TRACK

Little Johnny was walking down the beach, and he spied a matronly woman sitting under a beach umbrella on the sand. He walked up to her and asked, "Are you a Christian?" "Yes." she replied.

"Do you read your Bible every day?" She nodded her head, "Yes."

"Do you pray often?" the boy asked next, and again she answered, "Yes."

With that he asked his final question, "Will you hold my quarter while I go swimming?"