Bengaluru, May 19: The Karnataka High Court has stayed all further proceedings in relation to a tender issued by the state Department of Health and Family Welfare in favour of a firm that is an agent of a Chinese company.

The High Court has cited the General Finance Rules 2017 which does not permit unregistered entities from participating in tenders if the bidder is from a country which shares a land border with India.

"The state government had specifically undertaken to abide by this policy decision of the central government evolved on the grounds of defence of India and the national security," the High Court said.

Philips India Limited had filed an intra-court appeal after its request for a stay on the tender issued to Foress Healthcare LLP was not considered by the court earlier. Foress Healthcare is an agent of the Shanghai United Imaging Healthcare Co Ltd, based in Shanghai, China.

The Director of Medical Education, for whom the tender process was initiated by the health department, is also a respondent in the writ.

"Having heard the learned counsel for the appellant, we are inclined to grant interim prayer as sought for in the accompanying application," the division bench of Justice Krishna S Dixit and Justice S Rachaiah said in its May 5 order.

"Prima facie, the award of tender in favour of Respondent Nos. 4 & 5 is in violation of amendment to Rule 144(xi) of the General Finance Rules, 2017, which disentitles unregistered entities from participating in the tender process of the kind," it said.

Staying all further proceedings pursuant to the tender till the next date of hearing, the High Court stated, "The fifth respondent health care company is associated inter alia with China which shares long border with India and thus, the precondition for registration in terms of amended Rules is not satisfied."

Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.



New Delhi(PTI): The Union Home Ministry has asked all states that there should be no delay in registration of FIRs in cases of crimes against SCs and STs and closely monitor such cases where investigation goes beyond two months.

In a communication to all states and Union Territories, the home ministry also said that the district Superintendent of Police (SP) must ensure timely attendance and protection of all prosecution witnesses including police officers and official witnesses for speedy trial of cases related to crimes against Scheduled Castes and the Scheduled Tribes.

"There should be no delay in the registration of FIR in cases of crimes against SCs and STs. Ensure proper supervision at appropriate level of cases of crimes against SCs and STs, from the recording of FIR to the disposal of the case by the competent court," it said in the communication accessed by PTI.

The home ministry said the delays in investigation (beyond 60 days from the date of filing of FIR) shall be monitored at the district and state level in every three months, and wherever required, special DSPs shall be appointed to expedite the process of investigation.

"The authorities concerned in the state governments must ensure proper follow up of reports of cases of atrocities against SCs and STs received from various sources, including the National Commission for SCs and STs," the communication said.

The home ministry said atrocity-prone areas may be identified for taking preventive measures to save life and property of the members of the SC and ST communities. Adequate number of police personnel, fully equipped with policing infrastructure, should be posted in the police stations in such vulnerable areas.

"Delay in trial of cases of crimes against SCs and STs may be reviewed on a regular basis in the monitoring committee or monthly meetings chaired by district and sessions judge attended by District Magistrate, Superintendent of Police and Public Prosecutor of the district," it said.

The union government attaches the highest importance to matters relating to the prevention of crime, and therefore, it has been advising the state governments and UT administrations from time to time to give more focused attention to the administration of the criminal justice system with emphasis on prevention and control of crime including crimes against SCs and STs, the communication said.

The government of India is deeply concerned with the crimes against the weaker sections of society, particularly the SCs and STs and would therefore re-emphasise that urgent action should be taken by the state governments and UT administrations in such cases, it said.

The home ministry said the administration and police should play a more proactive role in detection and investigation of crimes against SCs and STs and ensure that there is no under reporting.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (POA Act) has been amended in 2015 to make it more effective.

New offences such as tonsuring of head, moustache, or similar acts, which are derogatory to the dignity of members of SCs and STs have been added. The punishments have also been enhanced. Provisions of special courts and speedy trial have been added.

The Act was further amended in 2018. Section 18A has been inserted whereby conduct of preliminary enquiry before registration of FIR, or to seek approval of any authority to arrest an accused is no longer required.