SC STAYS RAHUL’S CONVICTION IN DEFAMATION CASE OVER MODI SURNAME REMARK

Stating that the trial court in Surat had not given reasons for awarding the maximum punishment of two years to Congress leader Rahul Gandhi, the Supreme Court Friday stayed his conviction in a criminal defamation case over his 2019 remarks on the Modi surname.

The decision by the bench of Justices B R Gavai, P S Narasimha and P V Sanjay Kumar, which heard Gandhi’s plea challenging the Gujarat High Court order declining to stay the conviction, paves the way for his return to Lok Sabha where he represented Wayanad in Kerala.

Gandhi was disqualified from the House in March this year following the conviction. Now that a stay has been granted, his disqualification stands revoked. The Lok Sabha Secretariat will have to issue a formal notification reviving his membership to the House.

The Supreme Court bench noted that Gandhi’s remarks were “no doubt… in bad taste” and he should “have been more careful while making the public speech”.

He was found guilty of criminal defamation by a Surat magistrate court in a complaint filed by Surat West MLA Purnesh Modi of the BJP who objected to his remarks in Kolar in April 2019 – in the run-up to the Lok Sabha elections – about thieves with the Modi surname. His appeal against the conviction is pending before the Surat Sessions Court.

The bench said the consequences of being disqualified as a result of the conviction would “not only affect the right of the appellant to continue in public life but also affect the right of the electorate, who have elected him, to represent their constituency”.

Stating that it had considered “certain factors” to “stay the order of conviction during the pendency of the present appeal”, the bench said, “The learned Trial Judge, in the order passed by him, has awarded the maximum sentence of imprisonment for two years. Except the admonition given to the appellant by this Court in contempt proceedings (in the Rafale matter)… no other reason has been assigned by the learned Trial Judge while imposing the maximum sentence of two years.”

“It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned Trial Judge, the provisions of sub-section (3) of Section 8 of the Representation of the People Act, 1950 (losing his Lok Sabha membership and being debarred from any elections for 6 years after completion of his sentence)… have come into play. Had the sentence been even a day lesser, these provisions of the Act would not have been attracted,” it said.

TRUTH TRIUMPHS, SAYS RAHUL GANDHI

As the Supreme Court stayed the conviction of Rahul Gandhi in a 2019 defamation case, an elated Congress on Friday called for his reinstatement as a Lok Sabha MP without any delay and projected the apex court’s decision as a victory of democracy and the Constitution.

Soon after the court order, Congress leader in Lok Sabha Adhir Ranjan Chowdhury met Speaker Om Birla and urged him to restore Gandhi’s membership. The Speaker told Chowdhury that he would take a call once his office received the order from the Supreme Court.

On his part, Gandhi said he knew that truth would prevail. “Truth always triumphs, if not today then tomorrow or the day after. My path is clear. There is clarity in my mind on what I should do and what my job is…,” Gandhi said in brief comments at a press conference at the AICC headquarters.

Earlier, he said in a Twitter post: “Come what may, my duty remains the same. Protect the idea of India.”

Congress president Mallikarjun Kharge said Gandhi was disqualified as an MP within 24 hours after the Gujarat court verdict. “Now let us see in how many hours he is reinstated,” he said.

INDIA’S EXPORT BAN PUSHES GLOBAL RICE PRICES TO NEARLY 12-YEAR HIGH

Global rice prices have soared to a near 12-year high following India’s decision last month to ban export of all non-parboiled non-basmati.

The United Nations’ Food and Agriculture Organization’s All-Rice Price Index (with a base year value of 100 for 2014-2016) rose to reach 129.7 points in July 2023, up 19.6 per cent from its level a year ago and the highest since September 2011.

On July 20, India prohibited exports of all non-basmati white rice, which accounted for 9.94 million tonnes (mt) out of the total 22.35 mt of the cereal shipped out from the country in 2022-23 (April-March). Currently, only exports of basmati (4.56 mt in 2022-23) and parboiled non-basmati rice (7.85 mt) are being allowed.

Rice, unlike wheat, is a thinly traded global commodity. The total annual world trade in wheat is 214-215 mt. India’s share in it has been miniscule, even when it peaked at 7.24 mt in 2021-22.

But with rice, where the total global trade itself was just 55.65 mt in 2022-23, as per US Department of Agriculture. At 22.5 mt or 40.4 per cent, India’s share in that is significant, both materially and from a price sentiment standpoint. The other major rice exporting countries in 2022-23 were Thailand (8.5 mt), Vietnam (7.5 mt) and Pakistan (3.6 mt). None can, individually or jointly, fill the 9.9 mt-plus void left by India.

India’s decision to partially ban rice exports came in the wake of stocks in govt godowns (inclusive of wheat) as on July 1 falling to a five-year low for that date. That – along with annual retail cereal inflation hitting 12.7 per cent in June and fears of El Niño hitting this year’s rice and wheat production — has promoted the govt’s actions.

INTERNATIONAL AFFAIRS

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

PAK PM: HOUSE TO BE DISSOLVED ON AUGUST 9

Pakistan PM Shehbaz Sharif has told the coalition partners that he would recommend the dissolution of the National Assembly on August 9, three days before the end of its term and setting the stage for general elections. Sharif at a dinner reception hosted in honour of the ruling allies at the PM’s House on Thursday said the National Assembly or the lower house of parliament would stand dissolved as soon as the president signs the notification he plans to send to him, local media reported on Friday. Sharif, also President of the Pakistan Muslim League-Nawaz party, has repeatedly said that his govt will dissolve the National Assembly and the election commission will announce general elections under theprovisions of the constitution.

TRUMP PLEADS NOT GUILTY TO ELECTION CONSPIRACY CHARGES

Former President Donald Trump appeared in federal court in Washington on Thursday for the first time to face charges that he conspired to remain in office despite his 2020 election loss, pleading not guilty at a hearing conducted in the shadow of the Capitol, where his supporters, fuelled by his lies, had rampaged to block the peaceful transfer of power.

A first pretrial hearing was set for August 28. Trump arrived in Washington in the remarkable position of being under indictment in three separate cases as he is running for president again. In addition to the election case, he faces federal charges of mishandling classified documents and accusations in New York related to hush money payments to a porn star.

Trump leads his rivals for the 2024 Republican nomination by wide margins and remained defiant. “This is a very sad day for America,” Trump said at the airport in Washington before boarding his plane back to his golf club in New Jersey. “This is a persecution of a political opponent. This was never supposed to happen in America.”

THE REST

=========

3 SOLDIERS DEAD IN ENCOUNTER WITH MILITANTS IN KULGAM

At least three Army personnel were killed in an encounter between militants and security forces in South Kashmir’s Kulgam district on Friday evening.

Indian Army tweeted from its official handle at midnight: “On specific inputs regarding presence of terrorists on higher reaches of Halan in Kulgam, operations launched by Security Forces on August 4, 2023. In exchange of firing with terrorists, three personnel sustained injuries and later succumbed. Search operations are continuing.”

The injured soldiers had earlier been evacuated to the hospital for treatment.

J&K L-G ON 4 YEARS OF ARTICLE 370 ABROGATION

Lieutenant Governor of the Union Territory of Jammu and Kashmir Manoj Sinha on Friday said that street violence has dropped, shutdown calls by terror outfits are no longer effective, schools and colleges function through the year, and projects get completed on time.

“The biggest thing is that a common Kashmiri is not bound by anyone’s diktat. There was a time when people would aim to reach home before sunset, and now people are out till late night in Srinagar city,” L-G Sinha told The Indian Express in an interview on the eve of the completion of four years since the abrogation of Article 370 of the Constitution. The Article 370 abrogation, which is being heard in the Supreme Court now, had resulted in the withdrawal of the special status to J&K and its downgrade from a state to an UT.

“If there are over 1.8 crore tourists here, employment opportunities have increased. Any project or work that would begin and should have been completed in one or two years, would take five years and no accountability for it. The common person was in the most difficult position and now they have been rid of it. I feel that this is most important,” he said, providing an assessment of the security scenario between 2019 and now.

Sinha said while it is true that Assembly elections have not been conducted in J&K, Union Home Minister Amit Shah had laid the roadmap as per the State Reorganisation Act of 2019 – delimitation, Assembly elections, and then statehood at an appropriate time. He said the voter list has been completed now. “The Election Commission will decide on elections, and the J&K administration will be ready for it whenever they decide,” he said, adding the administration will try to ensure that panchayat and urban local body elections take place at their designated time.

SC ALLOWS ASI SURVEY OF GYANVAPI MOSQUE

The Supreme Court on Friday refused to stay the Allahabad High Court’s order allowing a scientific survey of the Gyanvapi mosque complex by the Archaeological Survey of India (ASI) to ascertain if it was built on a pre-existing temple.

A Bench led by Chief Justice of India DY Chandrachud, however, said the ASI would carry out the survey through “non-invasive methodology” in a non-destructive manner. The survey would exclude the ‘wuzu khana’ area of the complex where a ‘Shivling’ was reported to have been found last year.

At this stage, prima facie, the order of the trial judge for a scientific investigation by the ASI could not be said to be without jurisdiction, it said.

“The job or function of the ASI is to preserve and protect property, monuments of historic importance, and hence there is no basis for the apprehension that any damage will be caused to the structure,” the Bench said.

To the Anjuman Intezamia Masjid committee’s contention that the ‘Shivling’ in question was a fountain, the Bench said, “What is frivolous to you is faith to the other side.”

The ASI report would be submitted to the trial court and the decision on that would be taken by the district judge, it said, adding the evidentiary value of the scientific survey of the ASI was open to be tested in the lawsuit and was open to objections, including cross-examination.

A BREATHER BEFORE NEW IMPORT RULES FOR LAPTOPS KICKS IN

It took 24 hours of chaos in the supply chains of some of the biggest hardware companies — their consignments stuck at customs, and a day-long queueing up at the office of the Directorate General of Foreign Trade (DGFT) for the govt to take note and give companies another three months for obtaining a valid licence to import laptops, personal computers, tablets and other devices.

On Thursday, the DGFT issued a notification that required companies to get a licence before importing computers and laptops. The move shocked the entire industry given its timing – right before the festive season, and only added to the headache of manufacturers already grappling with a global glut of inventory and few triggers to restart sales growth.

Given the outrage and the immediate adverse impact, the DGFT issued a notification Friday that now gives the industry a three-month reprieve. In other words, imports of laptops, personal computers, and tablets, will be ‘restricted’ from November 1 and companies will have time till then to obtain a valid licence from the DGFT.

HOUSE PANEL URGES GOVT TO INCREASE MD PSYCHIATRY SEATS

Noting that there is a shortage of around 27,000 psychiatrists in India, a parliamentary committee has urged the Union health ministry and the National Medical Commission (NMC) to augment post-graduate and equivalent seats for the discipline in medical colleges across the nation.

There are just around 9,000 psychiatrists in the country even though nearly 15 percent of adults — as highlighted in the National Mental Health Survey-1 (NMHS) 2015-16 — require active intervention for one or more mental health issues.

Headed by parliamentarian Bhubaneswar Kalita, the committee underlined that India has only 0.75 psychiatrists per 1,00,000 population, while the desirable number, going by the WHO, is above three psychiatrists per 1,00,000 people.

The global average of psychiatrists per 1,00,000 population is 1.7.

ART DIRECTOR NITIN DESAI’S DEATH: FIR AGAINST 5 OF ECL FINANCE

An FIR was registered on Friday against five employees of ECL Finance on charges of abetment to suicide of Bollywood art director Nitin Desai, after his wife Neha gave a written complaint with Raigad police.

ECL Finance is a non-banking finance arm of the Edelweiss Group, which had lent Rs 181 crore to Desai’s firm ND’s Art World between 2016 and 2018.

Desai was found hanging in his ND studio at Karjat in Raigad district Wednesday morning.

In teh FIR, Neha alleged that the officers of the company are responsible for causing severe mental stress to her husband. She alleged that the employees of the creditor firm harassed her husband over loans, which led to his death by suicide. Desai had been facing mental harassment in connection with the loans his company had taken, and he died by suicide because of it, the FIR added.

INDIA IN POLE-VAULTING DISTANCE TO OUST CHINA AS WORLD'S FACTORY: MAHINDRA

Anand Mahindra, chairman of Mahindra Group, said on Friday that ongoing geopolitical tensions with China were nudging many manufacturers towards India. The country is now within 'pole-vaulting distance' to take over China as the world's leading manufacturing hub.

"China's geopolitical tensions are driving many manufacturers in India's direction. However, that's not the sole factor. Economics also plays a part. India boasts the lowest manufacturing costs globally. It's hardly surprising that lately, companies of the caliber of Apple, Samsung, Boeing, and Toshiba have relocated a substantial portion of their manufacturing operations to India," Mahindra stated at the 77th Annual General Meeting of the company.

He went on to highlight that not only Western nations but also countries like Singapore, are heavily investing in India.

Mahindra suggested that doubts surrounding China's ambitions and disruptions to supply chains in the wake of Covid-19 have also worked in India's favor. "We are well-positioned to capitalize on this. We have significantly improved our standing on the World Bank's Logistic Performance Index. Our focus on infrastructure is bearing fruit," Mahindra added.

During his address to shareholders, Mahindra also outlined an ambitious five-fold growth target for the company's businesses. "Every growth gem has taken up the 5X challenge - our businesses are set to grow five-fold in the next five to seven years from their current market cap. I am confident that we will witness a staggering pace of growth in the upcoming years," he asserted.

RIOT IN NEW YORK AFTER INFLUENCER ANNOUNCES PLAYSTATION 5 GIVEAWAY

A New York gathering called by a popular online influencer drew an unexpectedly large crowd on Friday and degenerated into violence that left people injured, prompting a massive police turnout, authorities said.

It all started with a posting on Instagram from 21-year-old Kai Cenat, calling on fans to meet him in lower Manhattan for a live-streamed event where he would hand out gifts including PlayStation 5 game consoles.

At least two thousand young people gathered very quickly on Union Square and surrounding streets in the hopes of seeing Cenat, who has millions of followers on Twitch, YouTube, Instagram and other social media.

As the streets heaved, young men started throwing objects from a nearby construction site, targeting people in the crowd and the police, who were rapidly deployed in large numbers.

"People were bleeding from their heads, from their faces ... people were suffering out here," said New York City Police Chief Jeffrey Maddrey at a press briefing. In the end, it took a thousand police officers to disperse the impromptu gathering.

ASIAN CHAMPIONS TROPHY: INDIA PLAY OUT 1-1 DRAW AGAINST JAPAN

Harmanpreet Singh scored a goal as India played out a 1-1 draw against Japan at the Mayor Radhakrishnan Hockey Stadium in Chennai on Friday. Japan's Ken Nagayoshi scored the opening goal in the second quarter before Harmanpreet levelled the scores in the third quarter. India started the game with an attacking approach. They got as many as eight penalty corners in the first quarter but failed to convert any of those. India were dominant in the second quarter too, but they failed to score any goal. Instead, Japan broke the deadlock. The third quarter saw India pressing hard for a goal and getting it via a penalty corner. India did try their best in the fourth quarter but Japan defended well to see the match end in a 1-1 draw.

INDICATORS

Sensex 65,721 (+481), Nifty 19,517 (+135)

Nasdaq 13,909 (-50) Dow 35,066 (-150), S&P 4,478 (-24)

US$-Rs. 82.73, GBP-Rs. 105.38, Euro-Rs. 90.84, UAE Dhm-Rs. 22.52, Can$-Rs. 61.91, Aus$- Rs. 54.37

GBP 0.78 /US$, Euro 0.91 /US$, Jap.Yen 142.22 /US$, Aus$ 1.52 /US$, Sing 1.33 /US$, Bang Taka 107.74 /US$, Can$ 1.33 /US$, Mal Ring 4.54 /US$, Pak Re 285.04 /US$, Phil Peso 55.62 /US$, Russian Rouble 95.26 /US$, NZ$ 1.64 /US$, Thai Baht 34.66 /US$, Ukraine Hryvnia 36.77 /US$

Bitcoin - USD 29,101, Dollar Index 101.83, Brent Crude 86.24, BDI 1128

Gold world Spot Price USD/aoz 1,942 India (Rs. per gm 24k/22k) 5,995 / 5,495, Silver (Rs. Per KG) 78,200

THOUGHT FOR THE DAY

Silence gives consent, or a horrible feeling that nobody's listening. - Franklin P. Jones