National Bank of Kenya Limited (NBK.ke) 2005 Annual Report

first_imgNational Bank of Kenya Limited (NBK.ke) listed on the Nairobi Securities Exchange under the Banking sector has released it’s 2005 annual report.For more information about National Bank of Kenya Limited (NBK.ke) reports, abridged reports, interim earnings results and earnings presentations, visit the National Bank of Kenya Limited (NBK.ke) company page on AfricanFinancials.Document: National Bank of Kenya Limited (NBK.ke)  2005 annual report.Company ProfileNational Bank of Kenya (NBK) Limited is a financial services institution providing banking products and services for the retail, commercial corporate and Islamic banking sectors in Kenya. Its full-service offering ranges from transactional banking products to term deposits, personal loans and overdrafts, insurance premium finance, liquidity management, treasury services, custodial services and asset finance services. National Bank of Kenya offers mortgage products to salaried and business customers under the National Homes brand. The company also offers account relationship management and bancassurance products. It operates through a wide network of branches and ATMs in the major towns and cities of Kenya. Its head office is in Nairobi, Kenya. National Bank of Kenya Limited is listed on the Nairobi Securities Exchangelast_img read more

This FTSE 250 stock isn’t the only company bouncing back to form

first_img Taking a contrarian view as an investor certainly isn’t easy. There are occasions, however, when doing so pays off handsomely. A great example of this is FTSE 250 retailer Pets At Home (LSE: PETS). A little over a year ago, the company was in the doghouse as it fought against weak sales and rising costs. Since then, however, the turnaround under CEO Peter Pritchard has been nothing short of superb. From a low of around 115p in November 2018, shares in the Wilmslow-based business have appreciated a touch over 150%.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…Today’s trading update suggests there could be more upside ahead with the company reporting a “record-breaking performance” in its Retail division in Q3. Revenue here rose 7.2% with omnichannel sales (which includes orders placed online) rocketing 23.4%.Highlighting just how lucrative anything related to our furry (and not so furry) companions can be, a 14.4% rise in revenue at its veterinary services was also logged “with mature practices growing ahead of the market“.All told, total revenue growth of 7.9% to just under £256m was recorded for the 12-week period from 11 October to 2 January. Based on this performance, Pets made no changes to the financial guidance it issued back in November, stating that expectations for underlying pre-tax profit remained “in line with current market consensus“. Clearly not the bargain they once were, the shares were trading on 20 times earnings before the markets opened this morning. While I wouldn’t necessarily fight to build a position at the current price, the resilient nature of the industry leads me to think that those already holding shouldn’t dash to bank profits either. A projected total dividend of 7.53p per share in the current year gives a yield of 2.6%, covered almost twice by profits.Back on trackAnother stock that’s recovered well in recent times has been laser-guided equipment manufacturer Somero Enterprises (LSE: SOM). Available for 187p a pop back in October, the shares now trade a little over 50% higher following today’s reassuring update on trading. Thanks in part to better weather in the US allowing previously delayed building projects to commence, Somero announced that it had seen “strong, profitable trading” in the final quarter of its financial year. As a result, management now predicts annual revenue will come in “modestly ahead of the top end of guidance” provided back in July 2019.Looking ahead, it said that it expects 2020 will be “a profitable year” for the company. That said, revenues and earnings are likely to be similar to those seen in 2019 due to increased investment in its SkyScreed product. Issues in non-US markets already impacted by economic uncertainty are also likely to “slightly temper” growth expectations, the small-cap said.Somero’s shares were changing hands for a little less than 10 times forecast FY20 earnings before markets opened. Even after taking today’s 10% rise into account, this kind of valuation still looks cheap for a firm with operating profit margins and returns on capital of around 30% and 50% respectively, The bulletproof balance sheet is also worth mentioning. Net cash of $23m at the end of 2019 — far better than the $18m predicted last July — should ensure that Somero is able to stick with its generous dividend policy going forward.The cyclical nature of the business may still be enough to put some investors off but, like Pets, I see no reason for relatively new holders to bag profits just yet. Paul Summers | Wednesday, 22nd January, 2020 | More on: PETS SOM Paul Summers owns shares of Somero Enterprises, Inc. The Motley Fool UK has recommended Somero Enterprises, Inc. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool. I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Our 6 ‘Best Buys Now’ Shares Image source: Getty Images Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee.center_img Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! Simply click below to discover how you can take advantage of this. “This Stock Could Be Like Buying Amazon in 1997” See all posts by Paul Summers Enter Your Email Address This FTSE 250 stock isn’t the only company bouncing back to formlast_img read more

Government refuses to renew journalist’s work permit

first_img The 2020 pandemic has challenged press freedom in Africa Reports ZimbabweAfrica Follow the news on Zimbabwe ZimbabweAfrica News to go further Reporters Without Borders protested today against the Zimbabwean government’s refusal to renew the work permit of Agence France-Presse (AFP) journalist Griffin Shea and accused the information ministry of being hostile to the media.”Once again, your office has shown it is not working for the press and its journalists, but against them,” said Reporters Without Borders secretary-general Robert Ménard in a letter to information minister Jonathan Moyo. He added that Moyo had “continually attacked journalists since he took office and considered that only reporters in the state-owned media did their job properly.”Ménard called on the minister to renew the Shea’s work permit and that of any other journalist who requested a renewal. He noted that Zimbabwean President Robert Mugabe had been put of Reporters Without Borders’ worldwide list of predators of press freedom.The AFP bureau in Harare announced today that the application of Shea, an American, had been rejected. His work permit expires on 14 September, after which he will no longer be able to work in the country.  AFP added that the work permit of its Harare bureau chief was also coming up for renewal, at the end of November.The Zimbabwean authorities have waged a wholesale campaign of harassment of local and foreign journalists for more than two years now. About 50 journalists have been arrested since January last year and three foreign correspondents forced to leave the country.Two repressive new laws were passed earlier this year, including a new press law that makes working conditions very difficult for foreign journalists. Work permits are now harder to get and are issued for only very short periods. News News Zimbabwean journalist Hopewell Chin’ono denied bailcenter_img Organisation Zimbabwean court must free imprisoned journalist who is unwell November 27, 2020 Find out more Help by sharing this information RSF_en November 12, 2020 Find out more Receive email alerts September 6, 2002 – Updated on January 20, 2016 Government refuses to renew journalist’s work permit September 1, 2020 Find out morelast_img read more

Concern about Jordanian parliament’s call for Danish cartoonists to be punished

first_img January 25, 2006 – Updated on January 20, 2016 Concern about Jordanian parliament’s call for Danish cartoonists to be punished News News Organisation News Help by sharing this information JordanMiddle East – North Africa Jordan bans coverage of teachers’ protests to go further Follow the news on Jordan Reporters Without Borders voiced concern today about the Jordanian parliament’s call yesterday for the punishment of the cartoonist who drew 12 caricatures of the Prophet Mohammed that appeared in the Danish daily Jyllands-Posten on 30 September and were reprinted in the Norwegian publication Magazinet on 10 January.“Islam forbids any representation of the Prophet and we realize that these cartoons may upset some people, but it is not acceptable for the parliament of a supposedly democratic country to call for the cartoonists to be punished,” the press freedom organisation said.“Those who so desire may bring a complaint against the newspaper, but politicians should under no circumstances should call for direct reprisals against journalists,” Reporters Without Borders continued. “The cartoonists have already received death threats and these new statements put them in further danger.”In a statement yesterday, the Jordanian parliament said the cartoons “constitute a cowardly and reprehensible crime” and urged the Norwegian and Danish authorities “to express their condemnation and disapproval of this hateful crime and to punish the perpetrators and instigators.” It also called on “parliaments, governments and civil society organisations in the Muslim world to take a firm position on this evil, which strikes at the sentiments of the Arabo-Muslim nation.”Jyllands-Posten editor Carsten Juste received several death threats after he published the cartoons last September and hired bodyguards to protect his journalists. The two threatened cartoonists were forced to go into hiding. Similar threats have been made against Magazinet since it republished them two weeks ago.Leading Muslim clerics living in Denmark called the cartoons an insult to Islam and its Prophet and on 6 October asked Jyllands-Posten for a formal apology. Juste refused, saying “we live in a democracy where satire and caricature are generally well accepted and where religion should not pose any limits on this.” Around 5,000 Muslims protested on the streets of Copenhagen on 14 October against the “provocative” and “arrogant” cartoons.A total of 11 ambassadors from Muslim countries so far have requested an interview with Danish Prime Minister Anders Fogh Rasmussen to discuss the issue, but he continues to refuse to receive them, stressing his country’s commitment to press freedom. In his New Year’s message, he described freedom of expression as “vital,” as “absolute” and as “non-negotiable.” But he also condemned “any form of expression, action or signs that tended to demonize a group of people on the basis of their religion.”An agreement was reached between Denmark and the Arab League on 5 January not to pursue the controversy any further. April 14, 2020 Find out more August 12, 2020 Find out more Reporters Without Borders voiced concern today about the Jordanian parliament’s call yesterday for the punishment of the cartoonist who drew 12 caricatures of the Prophet Mohammed that appeared in the Danish daily Jyllands-Posten on 30 September and were reprinted in the Norwegian publication Magazinet on 10 January. News JordanMiddle East – North Africa Coronavirus “information heroes” – journalism that saves lives June 15, 2020 Find out more RSF_en Two Jordanian TV journalists arrested after broadcasting criticism of lockdown Receive email alertslast_img read more

President Mouw Featured in Media as ‘Interreligious Pioneer’

first_img Business News EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Education President Mouw Featured in Media as ‘Interreligious Pioneer’ Deseret News highlights legacy of ‘convicted civility’ Mouw has established at Fuller Article and Photo courtesy of Fuller Theological Seminary Published on Monday, July 30, 2012 | 4:43 pm Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. More Cool Stuff Subscribe Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy First Heatwave Expected Next Week Top of the News Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena 6 recommended0 commentsShareShareTweetSharePin it center_img Community News Name (required)  Mail (required) (not be published)  Website  Community News Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Your email address will not be published. Required fields are marked * faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,PCC – EducationVirtual Schools PasadenaDarrell Done EducationHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Herbeauty10 Of The Most Notorious Female Spies In HistoryHerbeautyHerbeautyHerbeautyA Mental Health Chatbot Which Helps People With DepressionHerbeautyHerbeautyHerbeautyTop 9 Predicted Haircut Trends Of 2020HerbeautyHerbeautyHerbeautyStop Eating Read Meat (Before It’s Too Late)HerbeautyHerbeautyHerbeautyWeird Types Of Massage Not Everyone Dares To TryHerbeautyHerbeautyHerbeauty12 Most Breathtaking Trends In Fashion HistoryHerbeautyHerbeauty Dr. Richard Mouw with Rabbi Mark DiamondThe leadership of Fuller President Richard J. Mouw in the area of interfaith dialogue was featured in a July 27, 2012, article in the Deseret News titled “An Interreligious Pioneer: Evangelical Seminary President Builds Bridges through ‘Convicted Civility.’”In the article, writer Max Perry Mueller highlights Dr. Mouw’s leadership in initiating civil dialogue with other faith communities—including Muslims, Jews, and Mormons—and seeking to understand their beliefs. Mouw will leave a significant legacy in this work as he retires from the presidency next year, writes Mueller.Mueller quotes Robert Millet, professor at Brigham Young University, claiming that Mouw “will be remembered as one of the greatest men in the Christian world during the 20th and 21st centuries … because of his theological commitment to ‘convicted civility,’ the duty to truly get to know people of other faiths.”Says Harvard Divinity School Dean David Hempton: “Mouw is a pioneer. He’s helped chart a path for people with deep faith convictions to take those of other faiths seriously, critically, but with compassion and empathy.”“Mouw is well known for his willingness to go beyond known horizons, to find spiritual inspiration in other faith traditions, and has encouraged his fellow evangelicals, including the students at Fuller, to follow his lead,” writes Mueller.For more information, visit www.fuller.edu. Make a commentlast_img read more

‘Take safety seriously this October bank holiday’

first_imgAdvertisement WhatsApp Facebook Print Twitter Linkedincenter_img NewsLocal News‘Take safety seriously this October bank holiday’By admin – October 20, 2010 446 Email LIMERICK Gardai are appealing to all drivers and in particular young male drivers to take safety seriously this October bank holiday weekend. Inspector Paul Reidy, Limerick Traffic Corps, has said that Gardai throughout Limerick will be enforcing all aspects of the Road Traffic legislation and in particular focusing on the young male driver.Sign up for the weekly Limerick Post newsletter Sign Up “Extra checkpoints will be carried out in Limerick city and county with particular attention on speeding, drink/drug driving, careless and dangerous driving along with other Road Traffic infringements including the condition of vehicles used by young drivers in particular to ensure that they comply with the Construction, equipment and Use of Vehicle Regulations 1963,” noted Inspector Reidy.Nationally the overall trend in road deaths continues on a downward trend with the male driver in the 16 to 32 age group accounting for the majority of road fatalities.So far this year a large number of road deaths have been in the 16 to 32 age group (74 out of 155 or 48%) and three quarters of those fatalities are male.“Unfortunately fatalities on our Limerick roads continues to be of grave concern with another two road deaths last weekend. Last Saturday a motorcyclist was fatally injured in the Castletroy area and on Sunday a young woman lost her life in a fatal collision outside Newcastlewest.Inspector Paul Reidy, Limerick Traffic Corps is appealing to all road users over the coming bank holiday weekend to exercise great care when driving and indeed pedestrians who may be out walking.“The winter is almost upon us now and the days are getting shorter. It is imperative that anyone out walking in the evenings, wear bright clothing and items such as High Visibility garments should be worn. Every road user out there must play their part for Road safety to ensure that no family and no community have to deal with the tragedy that is brought about by deaths on our roads.” So far this year the number of fatalities on Limerick roads stands at 14 as of October 18 and he added that; “This is an unacceptable amount of fatalities for our community and every fatality is preventable with the exercise of due care by all road users. An Garda Siochana are appealing to all motorists this coming weekend not to become a statistic. There is far too much devastation caused to the families of victims of fatal road collisions.” Previous articleDeveloper fined for withholding pension moneyNext articleGardai urged to investigate background to prostitution in city adminlast_img read more

Youths jailed over “savage attack”

first_imgSplints were also fitted and the court heard in evidence that the injured man said that 90 per cent of his lip and chin area was numb after the attack and that he had to eat liquidised food for three months afterwards.John O’Sullivan, prosecution for the State outlined to the court the evidence where gardai said that the pair “targeted their victim while he was on his way to get a taxi after a night out.”Garda Tracey Draper told the injured party had left a night club shortly after 3am and walked towards Bedford Row to get a taxi when he was attacked by the two men.A witness to the attack said that they saw the man being kicked in the stomach and head.The court heard that the pair stole a mobile phone and up to €40 in cash from the man’s wallet before he staggered, “covered in blood”  to a nearby take away after the attack.The court heard that CCTV captured the two leaving the scene in the same “distinctive clothing” but there was no footage of the actually assault. Both Mr Joyce and Mr Edwards were arrested a short time later and admitted their involvement in the unprovoked attack.Garda Draper said the victim was nervous leaving his home on a daily basis and that he was hesitant returning to town.In jailing the two men, Judge Carroll Moran said that it was a vicious attack and a “pretty savage beating”. Judge Moran said the injured party had suffered serious injuries as a result of a “pretty savage beating”.He added that a three-year sentence was suitable in this case but he suspended the final year. Facebook TWO youths have been sentenced to three years imprisonment at Limerick Circuit Court for their part in an “unprovoked” violent attack in the city two years ago where a young man suffered extensive injuries including two broken jaws, black eyes a fractured nasal bone and loosened teeth. For a period of time afterwards.During the incident, the victim was targeted and was subjected to a “savage beating” in an unprovoked attack. Paul Edwards (21) of Broad Street and also with an address in Templemore, pleaded guilty with Niall Joyce (20) of Cosgrave Park, Moyross, to the attack that still has the victim suffering difficulties chewing his food and needed counselling for the trauma associated with the attack.Sign up for the weekly Limerick Post newsletter Sign Up Email Previous articleFatal crash claims life of young manNext articleCall to preserve history of Opera site admin Print WhatsApp Twitter NewsLocal NewsYouths jailed over “savage attack”By admin – February 8, 2013 1232 Advertisement Linkedinlast_img read more

Report: Weak Inventory, Lower Affordability, Tight Credit Hindering Housing Recovery

first_img The recovery of the housing market continues at a slower-than-expected pace due to weak inventory, slowing demand, and rising prices, according to Auction.com’s Real Estate Nowcast for March 2015 released on Tuesday.March’s Real Estate Nowcast predicted that existing home sales for March would fall between 4.83 and 5.12 million on a seasonally adjusted annualized basis. The target number for existing home sales of 4.97 million is an increase of 1.9 percent month-over-month and 5.8 percent from March 2014.”The housing market is continuing to recover, but at a slower, more incremental pace than what most people had hoped for in 2015,” Auction.com EVP Rick Sharga said. “Three main problems continue to prevent more robust growth: extraordinarily limited inventory, especially at the entry level of the market; lower affordability, as home price increases have significantly outpaced wage growth; and tight credit for all but the most highly-qualified borrowers. This adds up to an especially difficult ecosystem for first-time homebuyers to navigate, and we continue to see less home sales to that segment of the market than what we’ve seen historically.”The report found that the target sales price for existing homes was $204,165 in March, a year-over-year increase of 3.8 percent. While home prices are increasing, their growth is decelerating, likely due to a realization of the recent weakness in sales, according to Auction.com.According to Auction.com’s chief economist, Peter Muoio, the deceleration of price growth could slow affordability deterioration, thus boosting home sales – especially if the predicted wage growth comes to pass.”Despite some recent softness in several economic indicators, the US economy – especially the labor market – appears to be on solid footing,” Muoio said. “Unemployment is descending, voluntary quits are increasing, and consumer confidence has breached the 100 index level mark, bringing it firmly back into ‘normal’ territory. These are all positives for future housing demand and we continue to expect the housing recovery, now in a winter-like dormancy, to show signs of growth as the year progresses.”Auction.com’s Real Estate Nowcast included findings similar to those in Fannie Mae’s March 2015 Economic and Housing Outlook released on Monday, which reported slower GDP growth in the first quarter due to “temporary factors,” among those being a weak inventory. Fannie Mae forecasted that wage growth would catch up to employment gains before the end of the year and that the economy would “drag housing upward.”Recent reports by the National Association of Realtors (NAR) also fall in line with the forecasts of Auction.com’s Real Estate Nowcast. February existing home sales were at 4.88 million, according to NAR, which falls in the rate of Auction.com’s revised range of 4.87 to 5.19 million for the month. NAR’s reported existing sales home price of $202,600 for February was close to Auction.com’s forecasted price of $201,077 for the month – a year-over-year increase of 7.5 percent.Click here to see a video of Auction.com EVP Rick Sharga discussing the latest Nowcast. Related Articles Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago  Print This Post Home / Daily Dose / Report: Weak Inventory, Lower Affordability, Tight Credit Hindering Housing Recovery Report: Weak Inventory, Lower Affordability, Tight Credit Hindering Housing Recovery Auction.com Existing Home Prices Existing Home Sales Housing Market 2015-03-24 Brian Honea March 24, 2015 1,219 Views Share Save Brian Honea’s writing and editing career spans nearly two decades across many forms of media. He served as sports editor for two suburban newspaper chains in the DFW area and has freelanced for such publications as the Yahoo! Contributor Network, Dallas Home Improvement magazine, and the Dallas Morning News. He has written four non-fiction sports books, the latest of which, The Life of Coach Chuck Curtis, was published by the TCU Press in December 2014. A lifelong Texan, Brian received his master’s degree from Amberton University in Garland. Demand Propels Home Prices Upward 2 days agocenter_img Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago About Author: Brian Honea Previous: Ocwen Announces $25 Billion MSR Sale to Nationstar Next: SecureView’s Distribution Network Expands to Nationwide Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Subscribe in Daily Dose, Featured, Market Studies, News Data Provider Black Knight to Acquire Top of Mind 2 days ago Tagged with: Auction.com Existing Home Prices Existing Home Sales Housing Market Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Sign up for DS News Daily The Week Ahead: Nearing the Forbearance Exit 2 days agolast_img read more

Mac Lochlainn outlines impact of Garda Station closures on rural Ireland

first_img Pinterest Pinterest By News Highland – November 11, 2015 Google+ Twitter Twitter Guidelines for reopening of hospitality sector published Previous articleMc Daid urged to support a boycott of water charges across the boardNext articlePSNI in Derry issue appeal over missing man News Highland The Garda Commissioner is currently speaking in front of the Joint Oireachtas Committee on Justice.Noirín O’Sullivan answered a wide range of questions in relation to the force, on issues such as training, rural crime and the Provisional IRA.Donegal North East TD Padraig Mac Lochlainn, the Sinn Fein Justice Spokesperson, questioned the decision to close so many rural Garda Stations across the country, with 5 closed in Donegal alone and the knock on effect it has had in communities.Commissioner O’Sullivan said investment in transport in An Garda Siochana will be focused on the places that need it most:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/11/padraw1.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Facebook Three factors driving Donegal housing market – Robinson Calls for maternity restrictions to be lifted at LUH center_img NPHET ‘positive’ on easing restrictions – Donnelly WhatsApp WhatsApp Homepage BannerNews Facebook Mac Lochlainn outlines impact of Garda Station closures on rural Ireland Nine Til Noon Show – Listen back to Wednesday’s Programme GAA decision not sitting well with Donegal – Mick McGrath Google+ RELATED ARTICLESMORE FROM AUTHORlast_img read more

[COVID-19] Magistrate May Authorize First Remand Of Accused Via Video Conferencing In Exceptional Circumstances Despite Bar Under Proviso(b) Of Section 167(2) CrPC : Karnataka HC

first_imgNews Updates[COVID-19] Magistrate May Authorize First Remand Of Accused Via Video Conferencing In Exceptional Circumstances Despite Bar Under Proviso(b) Of Section 167(2) CrPC : Karnataka HC Mustafa Plumber16 Jun 2020 7:46 AMShare This – xThe Karnataka High Court on Monday held that if a Magistrate can authorize the remand of an accused for the first time via video conferencing in exceptional circumstances in the wake of COVID-19 pandemic. The Court said in the order as follows :”…in a very exceptional case, where the learned Magistrate is of the considered view that there is a serious apprehension that the accused…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Karnataka High Court on Monday held that if a Magistrate can authorize the remand of an accused for the first time via video conferencing in exceptional circumstances in the wake of COVID-19 pandemic. The Court said in the order as follows :”…in a very exceptional case, where the learned Magistrate is of the considered view that there is a serious apprehension that the accused may be infected with Novel Corona Virus (COVID 19) and therefore, for the purpose of following the best health practice, physical production of the accused for the first time before the Court should be avoided, he can for the reasons specifically assigned, authorize the production of accused through video conferencing”.A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty said it will not be necessary for it to lay down with precision which cases will be covered. The reason being that it will depend on the facts of each case. However it said :”One such very exceptional case can be where an accused who is a resident of containment zone or red zone is sought to be produced or an accused who has symptoms of COVID 19 is sought to be produced or a person infected with COVID 19 is sought to be produced. What is done by a learned Magistrate under such an exceptional circumstances may become lawful, by virtue of a deeming fiction provided in clause (i) of paragraph 6 of the aforesaid directions issued by the Apex Court under Article 142 of the Constitution of India”. The ruling was made during the hearing of a suo-motu petition taken up by the court to address the various legal and technical issues that would be faced by trial courts during the partial functioning, which commenced from June 1. The court based its finding primarily on Apex court order dated April 6, in suo – motu writ petition, which was initiated by the Apex Court (In Re: Guidelines for Courts functioning through Video Conferencing during COVID 19 pandemic). In its order the Apex court had said “All measures that have been and shall be taken by this Court and by the High Courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful; (ii) The Supreme Court of India and all High Courts are authorized to adopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies.”Bar under Section 167(2), proviso(b) CrPC not applicable Senior Advocate C V Nagesh appearing as amicus curiae in the suo-motu petition before the high court had said, clause (2) of Article 22 of the Constitution of India requires that every person who is arrested and detained in police custody shall be produced before the nearest Magistrate within twenty four hours of such arrest. The same is the requirement of Section 167 of Cr.P.C. He had submitted that clause (b) of proviso to sub-section (2) of Section 167 of Cr.P.C clearly lays down in which cases the accused can be produced before a Magistrate through the medium of electronic video linkage. Production of the accused before a learned Magistrate has to be in person when the learned Magistrate authorizes his detention in the custody of the police. Even the extension of the police custody remand can be granted only on physical production of the accused. Only in case of extension of judicial custody remand, the production of the accused can be made by the medium of electronic video linkage. In this regard, the court, said :”Notwithstanding the clear provision of law under clause (b) of proviso to sub-section (2) of Section 167 of Cr.P.C that the order of first remand whether in respect of police custody or judicial custody and the subsequent extension of police custody remand can be made only by producing the accused in person before the learned Magistrate, some very exceptional cases where first remand is permitted through video conferencing will be covered by the directions issued by the Apex Court in clause (i) of paragraph 6 of the order dated 6th April, 2020. Therefore, the same shall be deemed to be lawful.” The bench has also relied on the ‘Rules for Video Conferencing hearing’ framed by it on the initiative taken by the E-Committee of the Supreme Court of India. Rule 11.1 : The Court may, as its discretion, authorize detention of an accused, frame charges in a criminal trial under the Cr.PC by video conferencing. However, ordinarily judicial remand in the first instance or police remand shall not be granted through video conferencing save and except in exceptional circumstances for reasons to be recorded in writing.” The amicus curiae had contented Rule 11.1 of the Video Conferencing Hearing Rules framed by this Court runs contrary to clause (b) of proviso to sub-section (2) of Section 167 of the Cr.P.C to some extent and what will prevail is clause (b) of proviso to sub-section (2) of Section 167 of Cr.P.C. However, the bench said :”The second part of Rule 11.1, in the normal course, may be attacked on the ground that it is vulnerable being in violation of the express statutory provisions. However, Video Conferencing Hearing Rules have been framed by this Court during the exceptional circumstances created by the pandemic of COVID 19. Therefore, in a very exceptional case, where the learned Magistrate is of the considered view that there is a serious apprehension that the accused may be infected with Novel CoronaVirus (COVID 19) and therefore, for the purpose of following the best health practice, physical production of the accused for the first time before the Court should be avoided, he can for the reasons specifically assigned, authorize the production of accused through video conferencing.” The bench in its order also noted that during the last three weeks, the number of persons tested positive for Novel CoronaVirus (COVID 19) in the State is ever rising. It said “The challenge before the Judiciary amid the pandemic COVID 19 is to preserve of the rule of law as well as access to justice and while doing so, there is a responsibility cast upon the Judiciary to ensure that functioning of the courts do not contribute to spread of Novel Coronavirus. It is the duty of the court to ensure that the Courts function in such a manner that the possibility of spread of virus is reduced to minimum.”Click Here To Download Order[Read Order] Next Storylast_img read more