31 dead, 62 rescued after boats capsize in Philippines
Manila: Rescuers recovered more bodies in rough seas where three ferry boats capsized after being buffeted by fierce winds and waves off two central Philippine provinces, bringing the death toll to 31 with three missing, the coast guard said Sunday.
Coast guard spokesman Armand Balilo said the dead were mostly passengers of two ferries that flipped over in sudden wind gusts and powerful waves Saturday off Guimaras and Iloilo provinces. Sixty-two other passengers and crew were rescued.
A third ferry, which was not carrying any passengers, also capsized in the Iloilo Strait but its five crewmen survived, Balilo said.
Survivors recounted how the sky suddenly turned dark midway through their trip, followed by strong winds and rain that battered their ferries.
Authorities wondered why a third ferry was allowed to sail about three hours after two other ferries overturned almost at the same time at noon in bad weather.
Forecasters have warned of heavy monsoon rains, thunderstorms and rain-triggered landslides amid a tropical depression more than 1,000 kilometers (620 miles) off the country's eastern coast.
Classes and work were suspended in metropolitan Manila on Friday and Saturday amid heavy rains and flooding, which caused intense traffic jams in low-lying areas of the capital.
About 20 typhoons and storms batter the Philippines each year, making the archipelago that lies on the Pacific typhoon and earthquake belt one of the world's most disaster-prone countries.
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SC delivers split verdict on Section 17A of PC Act mandating sanction to probe govt servants
New Delhi (PTI): The Supreme Court on Tuesday delivered a split verdict on the constitutional validity of a 2018 provision of the anti-graft law which mandates prior sanction for initiating a probe against a government servant in a corruption case.
While Justice BV Nagarathna said Section 17A of the Prevention of Corruption Act is unconstitutional and needs to be struck down, Justice KV Viswanathan held the provision as constitutional while stressing on the need to protect honest officers.
Section 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any “enquiry or inquiry or investigation” against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority.
The top court's judgement came on a PIL filed by NGO 'Centre for Public Interest Litigation' (CPIL) against the validity of amended section 17A of the Prevention of Corruption Act.
Requirement of prior sanction is contrary to the Prevention of Corruption Act, forecloses inquiry and protects corrupt, Justice Nagarathna said.
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"Section 17A is unconstitutional and it ought to be struck down. No prior approval is required to be taken... The requirement of prior sanction is contrary to the object of the Act, and it forecloses inquiry and protects the corrupt rather than seeking to protect the honest and those with integrity who really do not require any protection," Justice Nagarathna said.
Justice Viswanathan said striking down section 17A will be akin to throwing the baby out with the bath water and the “cure will be worse than the disease”.
"Section 17A is constitutionally valid subject to the condition that the sanction must be decided by the Lok Pal or the Lokayukta of the State...
"The safeguard of this provision will strengthen the hands of honest officers but also ensure that the corrupt are brought to book. It will guarantee that the administrative machinery attracts the best talent for the service of the nation,"Justice Viswanathan said.
The case will now be placed before Chief Justice of India Surya Kant for forming a larger bench to hear the matter for a final decision.
"Having regard to the divergent opinions expressed by us, we direct the Registry to place this matter before the Chief Justice of India for constituting an appropriate bench to consider the issues which arise in this matter afresh," the bench said.
Advocate Prashant Bhushan, appearing for the NGO, had argued that the provisions crippled the anti-corruption law as sanctions were not usually forthcoming from the government, which was the ‘competent authority’.
Solicitor General Tushar Mehta had appeared for the Union government.
