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Crores gone down the potholes? RTI reveals BMC spent Rs 21,000 crore in two decades on potholes in Mumbai

OpIndia Staff
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Crores gone down the potholes? RTI reveals BMC spent Rs 21,000 crore in two decades on potholes in Mumbai

A Right to Information (RTI) application filed by a BJP MLA has revealed that the Brihanmumbai Municipal Corporation has spent more than Rs 21,000 crore on the repair, maintenance and construction of new roads in little over two decades. 

The reply said that maximum money- Rs 3,201 crores were spent just in one year between 2013 and 2014. It is immediately after this, that the infamous road scam had come to light, raising questions over the expenditure.

Taking a cue from a Times Of India report on potholes, BJP MLA from Andheri, Ameet Satam had filed a plea seeking a response on the expense incurred on fixing potholes in Mumbai. Satam said the BMC in its road department had spent more than Rs 21,000 crore since 1997. 

Satam further said, “Bad roads are among the most pressing problems in this city, yet their condition has not changed for decades. There are multiple reasons for this, one being lack of coordination between multiple utility agencies and the BMC. So, when a road is newly made, the very next year it is dug for laying of cables.”

Potholes at Aarey Milk Colony. Image Source: Midday

“Another problem is that no major road construction company comes forward to take up works as the tender size is very small for them (anywhere between Rs 1 crore and Rs 6 crore). Secondly, they are hesitant as they feel they may have to grease palms at multiple levels,” he added. 

Case of missing potholes

The potholes have once again slowed the lives of the ever-in-a-hurry Mumbaikars. The BMC’s pothole tracking system says Mumbai roads have a just little over 500 craters, negating the existence of something visible to the naked eye on every turn. The pothole system also claims 307 of the 520 craters have already been repaired, inviting a backlash. 

Early this month, the BMC was also trolled by the netizens for claiming that only eleven potholes remain in the city.

Mumbaikars are forced every monsoon to incessantly Tweet pictures of potholes tagging the BMC to bring their attention to something that is seemingly visible even from a great height and distance.

“The civic body has its ward level teams that are expected to move around. They should ensure that a pothole or any bad road patch in their ward is filled once they notice it,” said Dhaval Shah of Andheri Lokhandwala Residents’ Association. 

Potholes at Nehru Nagar, Kurla East. Image Source: Midday

“The incessant rain is exposing the quality of work done by the BMC so far. Two days back the entire road surface of a connecting bridge between SV Road and Mrinaltai Gore flyover near Ram Mandir was washed out and now the authorities have opened it for traffic after making it more like a kuccha road,” he added.

BJP attacks Shiv Sena

Taking a jibe at Shiv Sena leader Sanjay Raut who wanted Mumbai’s rich to donate for relief work, BJP MLA Ashish Shelar said, “BMC spent Rs.21,000 crores via its favorite contractors to build (Pothole) filled Road works for Mumbaikars in 20+yrs, per RTI! Will BMC Crorepati/Billionaire Road contractors respect SS Leader’s appeal & donate Rs 1,000 crore for Maharashtra??”

BMC post pictures of shoddy work

The BMC Twitter handles had to face the wrath of the citizens time and again for putting up shoddy “fixed” pictures of potholes.

More often than not, the citizens comment saying they find no difference in the before and after images.

It is evident from the images that the mix used to fix the potholes does not survive even a single spell of rain.

However, defending its work, Metropolitan Commissioner S V R Srinivas said, “We have a proper machinery in place and our team repairs the potholes as and when required. If at all there are any potholes or uneven road surfaces they will be repaired when we get dry spells.”

‘LDF MLAs responsible for 2015 vandalism inside assembly must face trial, immunity to lawmakers is not given against criminal law’: SC to Kerala govt

OpIndia Staff
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‘LDF MLAs responsible for 2015 vandalism inside assembly must face trial, immunity to lawmakers is not given against criminal law’: SC to Kerala govt

The Supreme Court on Wednesday dismissed the Kerala government’s petition seeking to withdraw cases against 6 former LDF MLAs who were charged for vandalism of state assembly in 2015. 

The apex court said the criminal prosecution of the legislators will continue, noting that immunity to lawmakers cannot extend to immunity against criminal laws. 

While rejecting the plea of the Kerala government to withdraw cases against prominent former LDF leaders, Justice Chandrachud said, “an alleged act of destruction of public property can’t be exercised as essential to discharge functions as members of the house.”

“These privileges bear a functional relationship to the discharge of functions of the legislators, but it is not a mark of difference that places the legislators on a pedestal,” the order passed by the bench comprising of Justices Chandrachud and MR Shah said. 

“Privileges and immunity are not a gateway to claim exemption from criminal law and that would be a betrayal to the citizens. The withdrawal application which was filed by the incorrect reading of Article 194,” the order further said. The right to free speech and privileges of lawmakers do not extend them immunity against criminal law.

The case pertains to the vandalism of the Kerala Legislative Assembly by CPM members, who created a ruckus in the House and caused damages to the public property when the budget session was underway in 2015. The Congress-led UDF was in power in Kerala at that time, with Oommen Chandy as the CM.

Kerala govt calls vandalism of Assembly ‘Parliamentary Privilege’, moves SC seeking protection for former MLAs

Earlier this year, the High Court ruled that the six LDF legislators should face trial in the case. In response to this, the Pinarayi Vijayan government in Kerala moved the apex court seeking permission to withdraw cases against prominent CPM leaders for vandalism at the state assembly in 2015. The government claimed in its petition that it was their parliamentary privilege and not vandalism.

In its plea, the Kerala government in the Supreme Court argued that the budget session of the legislative assembly in 2015 was carried out in a ‘charged atmosphere’ and the allegations of nepotism were levelled against the finance minister and it was during the protests by opposition members that the alleged chaos ensued.

On March 13, 2015, LDF MLAs had created a massive ruckus on the floor of the assembly while the budget session was ongoing. They had climbed over tables, flung chairs from the speaker’s podium, and had damaged mikes, computers and keyboards. The LDF MLAs had also clashed with security personnel who were trying to do their job. Many security personnel had sustained injuries.

Mental health in decline, President Joe Biden accuses Russia of violating US sovereignty through election interference

K Bhattacharjee
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Mental health in decline, President Joe Biden accuses Russia of violating US sovereignty through election interference

Joe Biden, the president of the United States of America, on Tuesday, accused his Russian counterpart, Vladimir Putin, of attempting to spread misinformation in the wake of the 2022 US midterm elections. The midterm elections are slated for November next year, when all 435 seats in the US House of Representatives and 34 of the 100 seats in the Senate will be contested.

The comments were made during a gathering of about 120 intelligence representatives at the headquarters of the office of the director of national intelligence (ODNI). “Look at what Russia doing already about the 2022 elections and misinformation,” said the US president before going on to add, “It’s a pure violation of our sovereignty.”

“Putin has a real problem,” said the POTUS. “He is sitting on top of an economy that has nuclear weapons and nothing else. He knows he is in real trouble, which makes him even more dangerous in my view.”

Joe Biden has made unsavory comments about Vladimir Putin in the past as well, admitting that he believes Putin is a ‘killer’. Putin had subsequently challenged Biden to a live debate, but the invitation was declined by the White House.

The Russian Collusion Conspiracy Theory

The US establishment has been creating a hysteria about Russia ever since Donald Trump was elected president of the United States. Unwilling to take responsibility for her defeat, Hillary Clinton and her associates helped further the conspiracy theory that Donald Trump won the elections because of Russian interference and collusion with Putin, not because the American electorate genuinely believed even Trump was a better candidate than her.

The hysteria continued throughout Trump’s presidency with demonization of Russia and Putin reaching a fever pitch. The media fueled the conspiracy theory through hysterical coverage without any evidence. Special Counsel Robert Mueller was appointed to lead an investigation into the matter and at the end of it, he could not find any evidence that the Trump campaign colluded with Russia.

It has now been proven beyond any reasonable doubt that the Russian Collusion Conspiracy Theory was a giant hoax peddled to undermine the Trump presidency. The evidence of ‘Russian misinformation’ that was cited included a bunch of memes believed to have originated from Russia with little to no reach, certainly not enough to influence any election results. The ‘Russian interference’ bogey has been used to attack Trump as well as anti-establishment candidates from the Democratic Party, including Bernie Sanders and Tulsi Gabbard.

Hillary Clinton accused Gabbard of being a Russian asset and during the Democrat primaries, intelligence agencies in the United States suggested that Russia was attempting to boost the Bernie Sanders campaign.

There are also concerns that the Russian interference bogey is used to silence legitimate criticism of the Democrat party. During the 2020 presidential campaign, social media giants censored a news report that could have hurt Biden’s chances of victory by claiming that the report was based on a Russian disinformation campaign.

In the end, the report by New York Times was found to have been authentic and social media giants admitted that they had committed a mistake by blocking the news report. But the damage had already been done and Joe Biden was elected president.

One Democrat senator had claimed with certainty that the Hunter Biden corruption exposed by the report was Russian propaganda, without any evidence. Thus, when Joe Biden brings up Russian disinformation with regards to the midterm elections, it is feared that it will lead to more censorship.

Joe Biden inventing excuses for expected defeat?

Democrats are expected to suffer major losses in the midterms next year and Joe Biden appears to have mounted an excuse for the possible defeat already by accusing Russia of spreading misinformation. There is dissatisfaction brewing against his presidency already, with a bleak economic recovery and a terrible situation at the border.

On top of it, there’s increasing concern about decline in his cognitive abilities. Joe Biden has been making a series of bizarre comments with speculations rife about his deteriorating mental health. Questions have been raised whether he is suffering from dementia and political commentators, analysts and journalists have questioned whether he is fit enough to lead.

Shashi Tharoor gives gyaan on how to attract industries, weeks after apparel major Kitex exited Kerala over harassment

OpIndia Staff
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Shashi Tharoor gives gyaan on how to attract industries, weeks after apparel major Kitex exited Kerala over harassment

On July 27, Congress MP for Thiruvananthapuram, Shashi Tharoor, tried to advise the central government about the high customs duty on import of electronic vehicles. He said, “Instead of slapping high customs duty on Tesla and Hyundai’s EV cars, we should invite them to start production in India w/mandatory 60-70% localisation of automotive parts from Indian vendors. This will help a lot of Indian MSMEs and generate employment, plus help meet climate goals.”

Tharoor had quoted Elon Musk’s July 24 tweet where he had talked about high import duties in India.

From union strikes to harassment: Kerala model

It is interesting to see the advice coming from an MP whose state is accused of harassing business owners. In June last week, the second-largest kids’ apparel manufacturer in the world, Kitex Group, which is also the largest private-sector employer in Kerala, announced the withdrawal of an Rs 3,500 crore investment project from the state. Kitex Group alleged that the state authorities are running a witch-hunt against the company. Notably, Kerala ranks 28 in ease of doing business while Uttar Pradesh ranks 2.

Though the company had already started acquiring land for the upcoming projects, Sabu M Jacob, chairman and managing director of Kitex group, said that the decision to scrap the project had been taken as he was fed up with the continuous harassment at the hands of the authorities. “Whoever invests in Kerala will lose peace of mind and will be driven to suicide,” he had added.

On July 9, it was reported that a delegation of Kitex flew to Telangana in a special flight sent by the Telangana government to discuss possibilities of shifting the 3,500 crore project to the state. Sabu had said, “We have already had one round of discussions with Telangana Industry Minister KT Rama Rao. They have offered excellent facilities and support for the Rs 3,500 crore project, which we have abandoned in Kerala. Telangana has invited us following our announcement to cancel the apparel project in Kerala.”

Telangana was one of the many states who had sent a formal invite to Kitex Group to look for possibilities to shift business to their state. As a matter of fact, Congress’s star leader Rahul Gandhi is also an MP from Kerala. He fought the Lok Sabha election from two seats, Wayanad, Kerala and Amethi, UP. He lost his long-held seat of Amethi to BJP’s Smriti Irani.

This is not it. Kerala has also been known for frequent union strikes. A January 11 2019 report in Firstpost states how the hartal (strikes) is the default mode in Kerala as just in first 11 days, the state had lost 3 days to strikes. In 2018, the state had lost as high as 97 working days because of strikes. In 2017, the state had witnessed 98 strikes. A study by Confederation of Indian Industries’ Kerala branch had stated that the state lost approximately Rs 1,500 crore due to strikes.

Why import duty is high on EVs in India

One of the main reason behind high import duties on electronic vehicles is to discourage such imports. The government of India encourages such companies to set up manufacturing plants in India. Such plants in India play a vital role in generating jobs and boosting the economy.

It has to be noted that GST on Electronic Vehicles in India is much lesser compared to Petrol and Diesel vehicles. In India, if someone buys an EV, a GST of 5% would be applicable on the price, while on Petrol or Diesel vehicles, GST of 28% or higher is applicable. The GST on EVs was reduced from 12% to 5% in 2019. Recently, the Union Government also proposed to exempt EVs from Road Registration Tax.  

Thousands of Pakistani terrorists enter Afghanistan to help Taliban, attacking Afghan soldiers: Reports

OpIndia Staff
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Thousands of Pakistani terrorists enter Afghanistan to help Taliban, attacking Afghan soldiers: Reports

As per reports, Pakistan has deployed over ten thousand terrorists in Afghanistan since the withdrawal of American forces from the region. Aaj Tak quoted unnamed sources saying that Pakistan is taking advantage of the situation and helping the Taliban. Reportedly, Pakistani terrorists have entered Afghanistan via Balochistan and Sindh. They are creating ruckus using heavy ammunition in Taliban-hit regions.

As per the report, these terrorists are selectively targeting Afghan soldiers. They are trying to capture check posts to create a shortage of essential commodities in important locations such as Kabul and Kandahar. Hindustan Times has also reported that around 6,000 Tehreek-i-Taliban Pakistan terrorists are currently operating in Afghanistan fighting from the Taliban’s side. It was reported by United Nations Security Council (UNSC) that these terrorists are supporting Taliban militants inside Afghanistan against Afghan Forces.

The government in Afghanistan has also accused Pakistan of aiding and abetting Taliban to spread unrest in the region.

US troops to totally withdraw from Afghanistan by September

The United States has said that it would continue airstrikes on Taliban camps. In the past several days, US forces have bombarded many bases of Taliban after noticing an increase in their activity following the withdrawal of American troops. Afghan Air Force is also actively involved in airstrikes against the Taliban.

Kenneth F. McKenzie, Marine General, United States, said in a statement that the attack on the Taliban would continue. However, he did not answer to any questions if the US forces would help the Afghan government in the fight after the US military mission in Afghanistan ends on August 31.

Notably, Joe Biden, President United States, recently announced that the US forces would completely withdraw from Afghanistan by September. It is unclear how the Afghan government would continue its fight against the Taliban once US forces leave the country. Earlier, the United States Army left the Bagram Airfield in Afghanistan in the dead of night, quietly, without informing the new commander of the base. According to military officials in Afghanistan, they discovered that the US army had left more than two hours after their departure.

Gujarat: 21 families revert to Hinduism in Ghar Wapsi programme arranged by the VHP

OpIndia Staff
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Gujarat: 21 families revert to Hinduism in Ghar Wapsi programme arranged by the VHP

As many as 21 families of Dharampur and Kaprada talukas reverted to Hinduism in a program organized by the Vishwa Hindu Parishad in Vapi.

As per a Desh Gujarat report, these families were lured to accept Christianity but once again accepted Sanatan in the program led by Bapa Sitaram Ashram in Vapi. 

Kanubhai Desai a BJP MLA from Vapi commenting on the occasion said, “Many issues concerning the Hindu society and Valsad district were discussed in the program of Hindu Jagran Manch organized by the Hindu Vishwa Parishad.”

He further said that they also discussed the anti-forced religious conversion law introduced by the government to create awareness.

A man who successfully completed his ghar wapsi confessed that they had converted in greed as the other religious organization promised to ward off their difficulties. “It had been five years since we converted but our difficulties remained. We had no idea which religion is good or bad. We accepted it due to greed,” he revealed.

Three youth revert back to Hinduism in UP

Earlier this week, the Hindu Jagran Manch organized a ghar wapsi program for three youth hailing from Uttar Pradesh after they were tricked into conversion.

Roshan Lal moved to tears after reverting to Hinduism and revealed how he was forced to convert. The people who forced him into religious conversion by making him consume intoxicants also usurped his property by threatening him.

Arvind who owned a shop of herbal medicines was frequented by Khaleed and Nadeem. The two promised him to give Rs 10 lakh and get him married to a beautiful girl if he converted. Arvind did as asked but revealed that he never received the amount nor did they get him married.

Amit too was brainwashed and converted to Islam as Abdul in 2014. His father rejoiced when he accepted Hinduism once again. 

The Vishwa Hindu Parishad has been working actively to get the forcefully converted families and individuals back to the fold of Hinduism. 

Chhattisgarh: Congress govt to bring a bill to acquire private medical college owned by family of CM Baghel’s son-in-law

OpIndia Staff
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Chhattisgarh: Congress govt to bring a bill to acquire private medical college owned by family of CM Baghel’s son-in-law

Chhattisgarh Chief Minister Bhupesh Baghel’s decision to acquire a cash-strapped privately owned medical college has raised questions of conflict of interest. The Chandulal Chandrakar Memorial Hospital (CCMH) that is at the helm of the controversy is owned by the family into which Baghel’s daughter has married.

As per reports, the Chhattisgarh government is working on a Bill to acquire this medical college located in Durg. The medical college owned by Chandulal Chandrakar Memorial Hospital (CCMH) is an unlisted private company, registered in March 1997. The Bill to take over control of this college is slated to be presented in the upcoming state assembly session.

Baghel, however, took to Twitter to dismiss the claims and said the move is to safeguard the future of several students. This will help save time to build a new medical college and the state will get 150 new doctors every year, said his Tweet.

In his next Tweet, Baghel claimed that he has always done transparent politics.”As far as kinship and vested interests are concerned, I want to tell the people of my state that Bhupesh Baghel is responsible to him and he has always done politics with transparency, there will always be transparency in the government. If the deal is done then everything will be clear,” he said in his Tweet.

Ending the thread Baghel said that the controversy created is baseless and that he does not believe in selling public property like “them”.

About the Bill

As per The Indian Express that had access to the draft of the Bill, the hospital had requested the state government to acquire the college since it was in “financial difficulties”. The Bill in its ‘Statement of Object and Reasons’ noted that many students are studying in medical college. Hence, the state government is satisfied that an “immediate acquisition” is “necessary in the public interest”.

As per the draft, while the liabilities of the college will be that of the owners of CCMH, the state will undertake a valuation exercise of the movable and immovable assets of the college and pay the amount to CCMH. 

A Special Officer has been proposed to be appointed who will get a year to submit the valuation of the college’s properties to the government.

The college’s current director is Mangal Prasad Chandrakar. CM Baghel’s daughter Divya Baghel is married to his brother Vijay Chandrakar’s son Kshitij.

CCMH accused of ‘fraudulent activities’

The report by Indian Express further stated that the bureaucrats dealing with the files and Bill seem to be uncomfortable with the entire arrangement. The three red flags raised by the officials reveals:

  1. CCMH’s total outstanding debt is Rs 125 crore, of which a large part is unsecured
  2. The medical college being acquired was accused of ‘fraudulent’ activities by the Medical Council of India in its meeting on April 12, 2018 
  3. The college does not even have recognition since 2017

CCMH officials favor the Bill

Kshitij Chandrakar, son-in-law of Baghel, who heads the All India Professional Congress unit in the state acknowledged that MP Chandrakar is his uncle. He has said, “The brothers (his father Vijay and uncle Mangal Prasad) had an amicable separation around 6-7 years ago.”

Laxman Chandrakar, Executive Director, CCMH, and also a shareholder said, “This is not a hidden fact that we have debts on us. We requested the government to save the college.”

However, Amit Chandraker a member closely related to Chandulal Chandrakar accused the government of nepotism. “The Chief Minister is trying to benefit his (daughter’s) in-laws by making a new law,” Amit alleged.

About the college

The hospital was promoted in the memory of Chandulal Chandrakar who was a Congress leader, a five-term Lok Sabha MP from Durg, and a Union minister in the past. He died in 1995. The current Director of CCMH is Mangal Prasad Chandrakar who is one of the 59 shareholders, holding about 4% of the company.

As per the report, the company’s total debt for the year-ended March 31, 2020, stood at Rs 125.26 crore. Out of this 43 per cent or Rs 53.81 crore accounted for unsecured loans. 

BJP lashes out Baghel 

Union Minister Jyotiraditya Scindia attacked Baghel for trying to save his son-in-law’s family business. “Bhupesh Baghel is trying to buy his son-in-law’s private college from government funds to save it. The state money is used for his son-in-law, a medical college that was accused of fraud by the Medical Council of India. The definition of who is bikau (salable) and who is tikau (sustainable) is now clear!” he Tweeted. 

This was also in response to Baghel’s recent sly attack on him for ditching the Congress and joining the BJP. Baghel had called Scindia ‘bikau’ meaning ‘for sale’.

Mumbai doctor tests positive for Chinese coronavirus thrice, here could be possible reasons

OpIndia Staff
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Mumbai doctor tests positive for Chinese coronavirus thrice, here could be possible reasons

In a curious case of the Chinese virus, 26-year-old woman, Dr Shrushti Halari from Mumbai’s Mulund has tested positive for the virus thrice since June 2020, twice after she got vaccinated this year. 

Dr Shrushti Halari who did her MBBS from Ningxia Medical University, China, in an interview to The Times of India said, “The reinfections are confusing.”

Her swab samples have been collected for genome sequencing as a part of a citywide study on infections occurring post vaccination. Dr Halari’s entire family- her mother, father and her 21-year-old brother who have co-morbidities also tested positive for the Chinese virus for the first time this month. 

Probable reasons for reinfection

As per doctors, there is no definitive cause as to how and why Dr Halari was infected thrice. However, some probable reasons include a new SARS2 variant, her immunity levels or an incorrect diagnostic report. 

Mehul Thakkar treating Dr Halari suspected it to be a case of a faulty report. “It could be a case of an incorrect RT-PCR report or that the second infection in May got reactivated in July,” Thakkar informed. 

Dr Nerges Mistry from the Foundation for Medical Research (FMR) said that the reinfection could be due to autoimmune conditions as well. “One other reason could be emergence of a new variant of SARS-CoV-2 virus,” she added. 

Dr Halari’s Covid-19 case history

The doctor was on Covid duty at the Veer Savarkar Hospital in Mulund when she first contracted the virus on June 17 last year. It was a mild infection the first time. 

Dr Halari along with her family took her the first dose of vaccination on March 8 this year and the second dose on April 29.

However, exactly a month later she tested positive for the virus again on May 29 this year. This time too the symptoms were mild allowing her to recover well at home. 

The virus struck again, this time affecting her entire family leading to hospitalization. “This third time I suffered more…my family and I were hospitalised, needed Remdesivir. My brother and mother have diabetes and my father has hypertension and cholesterol problems. My brother had difficulty breathing, so he was kept on oxygen for two days,” Dr Halari said.

Reinfections, especially amongst doctors serving the Covid-19 ward have been reported from across the world. 

“I have seen patients who became Covid positive after both doses…patients of all ages can have breakthrough infections…but vaccines reduce the effect and help the patient recover quickly,” said Dr Behram Pardiwala, chief of Internal Medicine at Mumbai’s Wockhardt Hospital.

Ex-CBI Special Director Rakesh Asthana appointed as the new Delhi Police Commissioner

OpIndia Staff
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Ex-CBI Special Director Rakesh Asthana appointed as the new Delhi Police Commissioner

Rakesh Asthana, a former officer of the Central Bureau of Investigation (CBI), was appointed as the Commissioner of Delhi Police.

On Tuesday, Union Home Ministry issued an order saying Rakesh Asthana, a 1984-batch Indian Police Service officer from the Gujarat cadre and currently the Director-General of the Border Security Force, would be appointed as the Commissioner of Delhi Police.

Rakesh Asthana, who was set to retire on July 31, will now get an extension for a year till July 31, 2022, after being appointed as the Delhi Police Commissioner. As per a Union Home Ministry order, his retirement date was July 31, 2021, but it has been extended by one year “as a special case in the public interest”.

Currently, IPS officer SS Balaji has been holding the additional charge of Commissioner of Police Delhi after SN Srivastav retired from his post.

In an official order, the Union Ministry of Home Affairs also stated that Indo Tibetan Border Police Director General SS Deswal would hold the additional charge of BSF Director-General until further orders are issued.

Earlier, it was speculated that Rakesh Asthana would be appointed as the CBI chief. However, Maharashtra cadre officer Subodh Jaiswal was appointed as the CBI chief earlier in May this year.

Rakesh Asthana has investigated some high-profile corruption cases and had also arrested Rashtriya Janata Dal (RJD) chief Lalu Prasad Yadav in the fodder scam in 1997 during his tenure as the superintendent of police in the CBI. He earlier worked as the Director-General of the Bureau of Civil Aviation Security (BCAS).

Asthana has also served as the DG of the Narcotics Control Bureau. Under his leadership, the NCB had unearthed Bollywood’s drug nexus, bringing the bureau into the spotlight.

Rakesh Asthana had come into the spotlight in 2018 with the “CBI vs CBI” controversy. During his tenure as the special director, Asthana had engaged in a controversial fight with then CBI director Alok Verma. Later, Asthana was removed from the CBI in 2018 after a case of bribery and extortion was lodged against him.

Absolute protection to shunning responsibility for adverse effects of its COVID-19 vaccine: Details of Pfizer’s contract with Albania raises eyebrows

OpIndia Staff
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Absolute protection to shunning responsibility for adverse effects of its COVID-19 vaccine: Details of Pfizer’s contract with Albania raises eyebrows

American multinational pharmaceutical and biotechnology behemoth Pfizer Inc. has been at the vanguard of fighting the coronavirus outbreak. It has developed an mRNA based vaccine that is clinically proven to be effective against preventing the complications arising out of COVID-19.

As a result, countries across the world have shown eager interest in procuring the vaccine produced by the company. The company, on the other hand, has been extremely finicky in protecting the details of its international COVID-19 agreements.

However, recently, a Twitter user who goes by handle @eh_den chanced upon the contract that Pfizer Inc. reportedly gotten into with Albania. The user said the content of the contract largely remained the same and minor adjustments are made as per the purchasing countries. The user attributed the source to Gogo.al.

In a string of tweets, the user shared screenshots of the confidential agreement, which in turn revealed the damning details that Pfizer was trying so hard to protect and keep under wraps. The details of the secret agreement between Albania and Pfizer was also covered in a report published in the Albanian Daily News and by the Transparency International. The Twitter thread was also quoted by a dutch member of the house of Representatives as well.

Kanchan Gupta, senior adviser to the Ministry of I&B, Government of India, has quoted the thread too.

As per the documents shared, the agreement not only covered manufacturing of vaccines for COVID-19 and its mutations, but also for “any device, technology, or product used in the administration of or to enhance the use or effect of, such vaccine”.

The agreement also had a clause that did not allow countries to terminate the contract with Pfizer if any other drug is found to be effective in the treatment of COVID-19. The Twitter user wondered this clause could have been one of the reasons why countries started pulling the rug out on Ivermectin even though statistics showed the drug was fairly effective in treating COVID-19 related complications.

Protection against late deliveries of vaccines, purchaser has no right to cancel the order or levy late penalties

Pfizer also sought protection against failure to deliver doses in accordance with the agreed-upon delivery dates. Additionally, the agreement stated that in case the company got delayed in providing vaccine doses, the purchasing country will have no right to cancel orders for any quantities of the product.

“Pfizer shall decide on necessary adjustments to the number of Contracted Doses and Delivery Schedule due to the Purchaser … based on principles to be determined by Pfizer … Purchaser shall be deemed to agree to any revision,” the contract agreement shared by the Twitter user read.

Under no circumstances whatsoever, the agreement said, the purchaser, cannot return the product. It also said that Pfizer won’t be liable to any kind of penalties for late deliveries.

Protection from adverse effects of vaccines in the long run; Payments to Pfizer cannot be withold

The agreement states that the government of Albania paid about $12 per dose for procuring 250,000 units of Pfizer vaccine. This price is significantly lower as compared to the $19.5 per dose that Pfizer charged in the United States.

Regarding payments, the contract mentions that the purchaser has no right to withhold, offset, recoup, or debit any amount owed to Pfizer, whether under this agreement or otherwise, against any other amount owed to it by Pfizer or a Pfizer Affiliate.

The purchaser could not reject the product based on service complaints unless a Product does not materially conform to Specifications or cGMP, the agreement said.

The agreement also included a provision that provided exemption to Pfizer from any local laws.

Pfizer also tried to wash its hands off the adverse effects of the vaccine, in the long run, stating that the purchaser acknowledges that the long-term effects and efficacy of the vaccine are currently unknown and that there may be side effects that are currently not known.

Concerning the termination clause, the buyer almost has nothing that can be considered as contract breached while Pfizer can easily end the contract if they don’t get the money or if they deem so.

Indemnity clause through which Pfizer seeks absolute protection

Then there was the indemnity clause that obligated the purchaser to indemnify, hold and defend Pfizer from any suits, claims, actions, demands, losses, damages, liabilities, settlements, penalties, fines, costs and expenses.

One of the provisions within the indemnity clause said the state would defend Pfizer. “(Pfizer) shall notify Purchaser of Losses for which it is seeking indemnification… Upon such notification, Purchaser shall promptly assume conduct and control of the defence of such Indemnified Claims on behalf of (Pfizer),” it said.

However, it added that Pfizer will retain the control of the defence and the purchaser shall pay for losses, including without limitations, the reasonable attorney’s fees and other expenses incurred.

In its contract, Pfizer has ensured that the purchasing country is made to pay for everything as far as indemnification is concerned. “Costs and expenses, including… fees and disbursements of counsel, incurred by the Indemnitee(s) in connection with any Indemnified Claim shall be reimbursed every quarter by Purchaser,” it said.

Purchaser must grant protection to Pfizer from liability for claims and all losses

Furthermore, the contract said there was no limit to the liability of the country in case “the indemnity given by it under Section 8 (Indemnification)” or if the Purchaser failed to pay Pfizer”.

Additionally, the contract makes it incumbent upon the purchaser to waive any immunity and give up any law that might cap the obligation to pay damages to Pfizer.

With respect to the condition to supply the vaccine, the agreement says the purchaser must grant protection to Pfizer from liability for claims and all losses. It must also implement it via statutory or regulatory requirements, and the sufficiency of such efforts shall be in Pfizer’s sole discretion.

Purchasing country to hold contractual information as it maintains its own confiential and proprietary information

The confidentiality part of the agreement said each recipient shall have to safeguard the confidentiality and proprietary nature of the information with at least the same degree of care as it holds its own confidential or proprietary information. The confidentiality clause asked Albania to keep the agreement confidential for 10 years. But for Israel, it was reportedly 30 years.

The agreement was thorough in all respects. For instance, in case any arbitration cropped up, the provision in the contract mandated that the arbitration be done in New York, according to the Rules of Arbitration of the International Chamber of Commerce, governed by the laws of the State of New York, USA.

Through this confidential agreement, the Albanian government has signed with Pfizer the purchase of 499,590 doses for about $6 million. Under the contract, the Albanian government will pay USD 2,997,540 in advance within 30 days of receiving the invoice, reports said. About 10,530 doses will arrive in January, 30,420 doses in February, and the remaining 458,640 will arrive in autumn and winter.

OpIndia cannot vouch for the authenticity of the document.

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