State’s Withdrawal Of Consent Will Not Impact Power To Investigate In ‘Railway Areas’ : CBI Tells Supreme Court

first_imgTop StoriesState’s Withdrawal Of Consent Will Not Impact Power To Investigate In ‘Railway Areas’ : CBI Tells Supreme Court Radhika Roy10 March 2021 11:04 PMShare This – xThe Central Bureau of Investigation (CBI) has filed a Counter-Affidavit in the plea filed by West Bengal Government challenging order of the Calcutta High Court whereby it allowed CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State’s consent.The Affidavit firstly submits that the SLP is devoid of any merit…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 Central Bureau of Investigation (CBI) has filed a Counter-Affidavit in the plea filed by West Bengal Government challenging order of the Calcutta High Court whereby it allowed CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State’s consent.The Affidavit firstly submits that the SLP is devoid of any merit and therefore, liable to be dismissed. Further, reliance has been placed on the ratio of the Supreme Court in the case Ram Kishan Fauji v. State of Haryana by the Petitioners which, as per the CBI, will not apply squarely onto the facts and circumstances of the present case. “….it was held in view of the peculiar facts and circumstances of the case, that no appeal under the Letters Patent Appeal shall lie to the Division Bench of the High Court from the order passed by the Single-Judge of the High Court exercising original criminal jurisdiction under Article 226 of the Constitution…” Rejecting the contention that the proceedings before the Division Bench would be deemed infructuous, the Affidavit submits that the Letter Patent of Lahore is completely analogous to the Letters Patent for Calcutta High Court, and the corresponding clause 25 of the Letters Patent of Calcutta High Court has no application in the present case. The Supreme Court bench headed by Justice DY Chandrachud had earlier observed that it will examine the issue if the Division Bench had jurisdiction to consider the appeal against the Single Bench decision as per the Letters Patent rules. Additionally, Calcutta High Court is governed procedurally by separate rules for petitions under Article 226 which do not distinguish amongst Civil and Criminal Writs. “It is submitted that as per the said Rules, there exists no distinction in the petitions filed under Article 226 [whether on the civil side or the criminal side] and the rules mandate that all petitions be registered and allocated the roster under the head of “Original Side”.” Secondly, the Affidavit submits that a conjoint reading of Sections 5 and 6 of the DSPE Act provides that no permission of the State Government is required for the registration of case carrying out an investigation in the Railway Area. “It is pertinent that once the notification has been issued under Section 5(1) of the DSPE Act, including the State of West Bengal therein, the Railway Area which is part of the state is automatically included therein. If the same is read along with Section 6 of the DSPE Act, even if the concerned State has withdrawn the consent for investigation of the cases in terms of the DSPE Act, the same cannot be withdrawn with reference to Railway Areas”. The Affidavit then goes on to submit that the CBI did not require prior consent from the State in the instant case. “It is submitted that the said withdrawal [of consent] has no bearing on the power of the CBI to register FIRs in relation to offences in ‘railway areas’ and take consequential steps in pursuance to such ‘investigation’. It is submitted that the Respondent was well within the powers conferred to it, while initiating and continuing to conduct the instant investigation”. Conveying that in respect of offences committed in Railway Areas, the DSPE Act unequivocally grants the power to CBI to investigate whether or not the State Government accords its consent. The Affidavit then refers to Sections 4, 5 and 6 of the DSPE Act, as well as Entries 8, 22 and 80 in List I of Schedule VII of the Constitution, to delineate how exclusive power is conferred. Further, as the individuals being investigated are Central Government employees, it is averred that the Centre does not need prior consent to investigate its own employees, irrespective of the fact whether the concerned employee is within the territorial jurisdiction of the CBI to investigate or not. The Affidavit concludes on the note that being the foremost investigating police agency in India, CBI stands apart from the rest of the investigating agencies across the Country. Therefore, to ensure optimum transparency and efficiency, the CBI should be allowed to investigate in such matters. Background The case pertains to illegal mining and transportation of coal through Railways in connivance with officers of the Eastern Coalfield Limited, Railways, C.I.S.F. and some other private persons including the writ petitioner (Anup Majee). A FIR was registered in the matter by CBI for offences of criminal conspiracy, criminal breach of trust by public servants and criminal misconduct by public servants by dishonestly or fraudulently misappropriating the property entrusted to them or any property under their control as public servants or allowing other persons to do so. The Petitioner had impugned the FIR before a Single Bench of the Calcutta High Court which held that CBI’s power to investigate beyond ‘Railway Areas’ was subject to the consent of the State. In an appeal preferred by CBI, a Division Bench of the High Court stayed the Single Judge’s order and allowed CBI to investigate the case without any hindrance. It observed, “Proper investigation cannot be carried out if the investigation in such cases is divided into parts, drawing lines on territories once the premier central agency is in the process of investigation. In case during the pendency of the present appeals, the investigation being carried out by the CBI is hampered, the process of investigation at this stage will certainly be prejudiced, which will not be in the interest of justice as any delay in the process may be fatal…”Next Storylast_img read more

Catskill Chill Music Festival Will Not Be Returning In 2017

first_imgAfter moving to a new home in 2016, the Catskill Chill Music Festival has revealed that the event will not be taking place in 2017. The festival organizers have penned a long letter announcing the hiatus, and expressing a multitude of gratitude for their loyal “Chillfam” fan base.The letter can be read below:Dearest Chillfam,After seven consecutive years of sharing the weekend of our dreams together, the time has come for us to step back and take a year off. The Catskill Chill has come to mean so much to so many of us. We have met here, we have loved, laughed, and camped here. We have DANCED here and we have truly lived here, together. Perhaps what has made the Chill most magical is intention. Every year, as we all start planning for our annual celebration, we have one thing in common ~ the baseline intention of “All Love, All the Time”. When thousands of us carry that into our weekend, we generate an atmosphere of acceptance, love, connection, and unity. Although there will be no Chill this year, we ask you to join us in weaving the intention we’ve dedicated to one weekend in September into our day-to-day lives. When love is our intention, we are most likely to succeed in connection.To all of you, our entire music community, the bands, artists, vendors, media, venues, promoters, volunteers, and our wonderful, dream~team of a staff: Thank You. Your love, support, and authenticity have lifted our souls to new heights and we love you.Music! We are so grateful to have shared such amazing music with you all and we will continue to share exciting show announcements related to all of the wonderful musicians we’ve come to love. We also hope to be announcing some fun Chillfam parties throughout the Northeast this year, so rest assured ~ just because there isn’t a Catskill Chill in September, we are still a family and we will be dancing at a show together real soon!All Love, All the Time,Dave, Larry, Josh, and DanWe’ll miss you this year, Catskill Chill. Let’s hope for a strong return in 2018.last_img read more

GSD names Krzysztof Wodiczko professor in residence

first_imgThe Harvard Graduate School of Design has appointed Krzysztof Wodiczko as professor in residence of art, design, and the public domain, effective July 1, said Dean Mohsen Mostafavi, the Alexander and Victoria Wiley Professor of Design.Wodiczko is currently a professor and head of the Interrogative Design Group in the Center for Advanced Visual Studies at the Massachusetts Institute of Technology.Wodiczko is renowned for his large-scale slide and video projections on architectural façades and monuments. He has prepared more than 80 such public projections for Australia, Austria, Canada, England, Germany, Holland, Ireland, Israel, Italy, Mexico, Poland, Spain, Switzerland, and the United States. Since the late 1980s, his projections have involved participation by marginalized and estranged city residents. Simultaneously, he has designed and helped to create a series of nomadic instruments and vehicles with homeless, immigrant, and war veteran operators, for their aid and communication.Since 1985, he has held major retrospectives at such institutions as the Walker Art Center, Minneapolis; Museum Sztuki, Lodz; Fundació Tàpies, Barcelona; Wadsworth Athenaeum, Hartford; La Jolla Museum of Contemporary Art, San Diego; Contemporary Art Center, Warsaw; de Appel, Amsterdam; and the Zacheta National Gallery of Art, Warsaw.His work has been exhibited in Documenta, Paris Biennale, Sydney Biennale, Lyon Biennale, Venice Biennale, Whitney Biennial, Kyoto Biennale, Yokohama Triennale, and in many other major international art festivals and exhibitions. He and architect Julian Bonder have designed the Memorial to the Abolition of Slavery in Nantes, France, which is under construction.Wodiczko was awarded the Hiroshima Prize in 1998 for his contribution as an artist to world peace. He also has received the Skowhegan Medal for Sculpture, the Gyorgy Kepes Award, the Katarzyna Kobro Prize, and the “Gloria Artis” Golden Medal from the Polish Ministry of Culture. In 2009 he represented Poland in the Venice Biennale, developed the War Veteran Projection Vehicle in Liverpool, the Veterans’ Flame project at Governors Island in New York, and presented the “Veteran Project” (an interior video-projection installation) at the ICA in Boston. He is currently developing public art projects in Poland and France.The work of Wodiczko has been the subject of numerous publications, including “Critical Vehicles: Writings, Projects, Interviews” (1999), “Krzysztof Wodiczko: Guests” (2009), and “City of Refuge: A 9/11 Memorial” (2010).last_img read more

MS Dhoni is Ziva’s bugs bunny in adorable video

Mahendra Singh Dhoni is currently on a break from international cricket after he was not picked for the Twenty20 International series vs Australia down under.Dhoni is known to spend all the time with his family whenever he is on a break and he’s doing exactly that. On Friday, Dhoni shared an adorable video with Ziva.Dhoni titled the video ‘Ziva’s bugs bunny’ where Ziva can be seen feeding a huge carrot to the former Indian cricket team captain.The video has no audio but Ziva’s expressions is all the cuteness one needs.Recently, Ziva had a blast at the birthday bash of her mother Sakshi, where cricketers Hardik Pandya and Robin Uthappa also made their presence felt.Ziva Dhoni won hearts on the internet with her adorable dancing at the sangeet ceremony of former Union Civil Aviation Minister Praful Patel’s daughter Poorna Patel.Ziva, who has already proved her credentials with her singing skills, rocked the dance floor.Papa Mahi Enjoying his Bundle of Joy ?? Dance Move #poornabanisoni #MSDhoni #Sakshi #Ziva Raina Team (@dhoniraina_team) July 20, 2018Earlier this year, Ziva even found a funny way of wishing her father MS Dhoni on his birthday by singing Happy Birthday for him and adding a cheeky comment by saying, “you’re getting older”.Ziva was a constant during the Indian Premier League 2018 at the sidelines as he had fun with other cricketers and their kids and ‘cheering Mumbai Indians’.advertisementEven after Dhoni led Chennai Super Kings to a third IPL trophy, Ziva Dhoni stole all the limelight with her antics.With the celebrations in full swing, Ziva was seen on the ground enjoying with Dhoni and his CSK teammates. Not just the elders, Ziva also ran around with her buddies Gracia Raina and Hinaya Singh.Later Dhoni took to Instagram to post a picture of himself, Ziva and his wife Sakshi thanking people for supporting CSK and congratulating Shane Watson for his 117 not out that brought CSK’s victory.In the end of the post though, Dhoni added “Ziva doesnt care about the trophy, wants to run on the lawn.” read more