Breaking: Maharashtra Govt, Anil Deshmukh Move Supreme Court Against Bombay HC Order For CBI Probe On Param Bir Singh’s Allegations

first_imgTop StoriesBreaking: Maharashtra Govt, Anil Deshmukh Move Supreme Court Against Bombay HC Order For CBI Probe On Param Bir Singh’s Allegations LIVELAW NEWS NETWORK6 April 2021 3:29 AMShare This – xThe Maharashtra Government has approached Supreme Court Challenging the Bombay High Court Order directing CBI to conduct preliminary inquiry in to the corruption allegations made by former Mumbai police chief Param Bir Singh. The Special Leave Petition filed by the Maha Vikas Agadi government seeks to set aside the High Court order for preliminary enquiry into the extortion…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 Maharashtra Government has approached Supreme Court Challenging the Bombay High Court Order directing CBI to conduct preliminary inquiry in to the corruption allegations made by former Mumbai police chief Param Bir Singh. The Special Leave Petition filed by the Maha Vikas Agadi government seeks to set aside the High Court order for preliminary enquiry into the extortion allegations levelled by former Mumbai Police Commissioner against the Home Minister(since resigned) Anil Deshmukh.Anil Deshmukh has also filed a separate petition challenging the High Court order. The petitions were filed today morning.Deshmukh raises the following arguments to challenge the judgment passed by a division bench of Chief Justice Dipankar Dutta and Justice GS Kulkarni on April 5 :The order was passed without hearing Deshmukh. The ex-parte procedure adopted by the Court caused prejudice.The Court did not take into account the fact that Maharashtra Government has revoked the general consent given to CBI.The Court did not give an opportunity for the State Police Machinery to respond to the allegations.The Court did not take into account the fact that Param Bir Singh made the allegations immediately after he was removed from the post of Mumbai Police Commissioner.CBI enquiry is ordered under Article 226 in exceptional circumstances after the failure of state police is demonstrated. However, no opportunity was given to the State Police to deal with the matter. As per Supreme Court precedents, CBI investigation is ordered after the State Police investigates the matter at the first instance.The Court did not consider the non-exhaustion of alternate remedy of approaching the Magistrate under Section 156(3) of CrPC.The plea states :”In the annals of judicial history, there has hardly been an occasion when the court has taken the statements made against a sitting minister at face value and proceeded to direct an outside agency, without calling for a response from the minister, to conduct a preliminary inquiry. These allegations wele made after the erstwhile commissioner of police was transferred, and evidence sought to be created with intent. These aspects require to be looked into before the Court took the extreme step of directing a preliminary enquiry by the CBI”.Deshmukh takes objection to the fact that the High Court did not opt to follow the well settled procedure of ordering a court-monitored investigation by a Special Investigation Team constituted by it, instead of handing over the investigation to an agency “controlled by the Central Government”.It is also highlighted in the petition that Parambir Singh’s allegations are not substantiated and are motivated. Had the Court given an opportunity to him to respond, he could have demonstrated the falsity of the allegations, Deshmukh says in the plea.”The erstwhile Commissioner of police has referred to alleged conversations by others, which is pure hearsay, not produced any substantive evidence before Court, that can, in law, be relied upon, and without giving notice to the Petitioner, has handed over investigation to an agency which the State Government has least confidence in. If this principle were to be followed, and courts under Article 226 of the Constitution were to accept bald and motivated statements of this nature, made much after the alleged incidents, without any actionable evidence before Court, then the Petitioner believes that such processes may well be followed to destabilize governments”, the plea states.The Bombay High Court on Monday directed CBI to complete the preliminary enquiry within 15 days and decide the further course of action regarding the registration of FIR following that.Deshmukh  resigned hours after the Bombay High Court’s Order. The High Court had  held that an un-biased probe is required to “unearth the truth.”Observations by the High CourtThe Bombay High Court observed that the allegations made by former Mumbai Police Commissioner Parambir Singh against the Maharashtra Home Minister Anil Deshmukh are of a “serious nature”, which warrant a preliminary enquiry by the Central Bureau of Investigation. “Prima facie, the issues are such that the very faith of citizens in the functioning of the police department is at stake”, a division bench comprising Chief Justice Dipankar Dutta and Justice GS Kulkarni held.Some of the crucial observations made by the Court in the judgment are as follows :”If there is any amount of truth in such allegations, certainly it has a direct effect on the citizens’ confidence in the police machinery in the State. Such allegations, therefore, cannot remain unattended and are required to be looked into in the manner known to law when, prima facie, they indicate commission of a cognizable offence”.”It is, hence, certainly an issue of credibility of the State machinery, which would stare at the face when confronted with the expectations of the law and when such complaints are received against high ranking public officials. This Court cannot be a mere spectator in these circumstances””Thus, when high officials are likely to be involved and a question of public confidence in the impartial working of the State agencies arises, the writ court in exercise of its jurisdiction under Article 226 of the Constitution is certainly not powerless to order such inquiry and investigation by the CBI””To instill public confidence and safeguard the Fundamental Rights of the citizens, it is necessary that an inquiry and investigation is conducted by an independent agency and for such reasons, we consider it to be in the paramount public interest that an independent probe in the present circumstances would meet the ends of justice”.The bench rejected the objections raised by the Advocate General of Maharashtra AG Kumbhakoni against the maintainability of the PILs seeking CBI investigation into the allegations raised by Parambir Singh against Deshmukh. The bench noted that one of the petitioners, Dr.Jaishree Patil, had lodged a complaint before the police seeking action on the allegations made by Singh against the Home Minister. However, no legal action followed on Dr.Patil’s complaint.The bench said that the serious nature of the allegations and the issue of public faith in police machinery in the State justified the demand for CBI investigation. “…it is indeed unheard of and unprecedented that a Minister could be so openly accused of wrongdoings and corrupt practices by none other than a senior police officer attracting wide attention from all and sundry””There is certainly a legitimate public expectation of a free, fair, honest and impartial inquiry and investigation into such allegations which have surfaced in the public domain. The necessity to have a probe into such allegations by an independent agency, would also certainly be a requirement of the rule of law. To instill public confidence and safeguard the Fundamental Rights of the citizens, it is necessary that an inquiry and investigation is conducted by an independent agency and for such reasons, we consider it to be in the paramount public interest that an independent probe in the present circumstances would meet the ends of justice” “Here, Shri Deshmukh is the Home Minister. The police department is under his control and direction. There can be no fair, impartial, unbiased and untainted probe, if the same were entrusted to the State Police Force. As of necessity, the probe has to be entrusted to an independent agency like the CBI”. Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Arsenal, Liverpool and Man Utd all tracking West Brom teenager Jovan Malcom

first_imgAdvertisement Comment Arsenal, Liverpool and Man Utd all tracking West Brom teenager Jovan Malcom Ole Gunnar Solskjaer and Unai Emery may be battling it out for a West Brom youngster (Picture: Getty Images)A host of Premier League clubs have been alerted to the talents of West Brom teenager Jovan Malcom after a string of impressive performances for the under-18 side.The 16-year-old striker has been catching the eye of the biggest sides in the country with his goal-scoring prowess for the Baggies’ youth teams.Malcom scored four goals in a 6-3 win for West Brom under-18s over their Liverpool counterparts at the weekend, and has now netted seven times in five games this season.While scouts will been aware of the young forward before, that haul against the Reds will have confirmed his place as one of the brightest talents outside of the Premier League.AdvertisementAdvertisementADVERTISEMENTMore: FootballRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starChelsea defender Fikayo Tomori reveals why he made U-turn over transfer deadline day moveMikel Arteta rates Thomas Partey’s chances of making his Arsenal debut vs Man CityLiverpool are one of the clubs thought to be interested in signing him, with Manchester United, Arsenal and Manchester City all also well aware of his talents.The teenager is yet to make a senior appearance for West Brom, but could already be tempted away to one of the biggest clubs in the land.The Baggies are having a great season on the pitch, sitting top of the Championship, losing just once in 16 games under Slaven Bilic.MORE: Thierry Henry impressed by Matteo Guendouzi at ArsenalMORE: Arsenal legend Arsene Wenger lands new job as FIFA’s Chief of Global Football Developmentcenter_img Metro Sport ReporterWednesday 13 Nov 2019 8:39 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link183Shares Advertisementlast_img read more

Governor Wolf Visits Penn State Schuylkill LionLaunch Innovation Hub, Touts Entrepreneurship Opportunities in Pennsylvania

first_img Economy,  Innovation,  Press Release Schuylkill Haven, PA – Governor Tom Wolf today visited Penn State Schuylkill’s LionLaunch Innovation Hub, a co-working space for innovators, to highlight entrepreneurship opportunities in Pennsylvania.“Places like this are important for helping to drive innovation and entrepreneurship, not just in Schuylkill County, but statewide,” said Governor Tom Wolf. “I am committed to continuing to provide vital support to our talented entrepreneurs by implementing initiatives to improve our university partnerships and workforce training opportunities.”The governor was led on a tour of the facility by university officials and was joined by state and local leaders. While at the innovation hub, the governor met with students, entrepreneurs, and business mentors who have benefited from the co-working space.“We were honored that Governor Wolf visited our campus’ innovation hub to learn about the benefits and support that our LionLaunch program offers to the budding entrepreneurs of Schuylkill County,” said Darcy Medica, interim chancellor for Penn State Schuylkill. “Our space is one of nearly 20 such Penn State facilities located across the Commonwealth of Pennsylvania. The common goal of this initiative, Invent Penn State, is to spur economic development, create jobs, and impact student career success.”Launched in 2015 to help innovators succeed at each stage of the entrepreneurial path, Invent Penn State is a commonwealth-wide initiative to spur economic development, job creation, and student career success, with a focus on bringing intellectual properties to the marketplace. Governor Wolf Visits Penn State Schuylkill LionLaunch Innovation Hub, Touts Entrepreneurship Opportunities in Pennsylvania SHARE Email Facebook Twittercenter_img January 12, 2018last_img read more

Jackson Kicks Off Perry Barr & Witton Flood Scheme

first_imgCivil engineering contractor Jackson has just announced the start of flood control structure preparation at Perry Barr & Witton.The company has diverted the River Tame through a temporary river channel in preparation for the new flood control structure.The team diverted the flow through a temporary excavated south channel by installing a GeoDam at the upstream mouth of the diversion and a clay bund at the downstream mouth, reported Jackson.The company also added that the GeoDam was filled with water, blocking the river’s flow forcing the water through the south channel and the pipe bridge crossing before exiting back into the River Tame.A team from the Environment Agency Fisheries also performed a ‘fish rescue’ service between the two dams, catching over 500 fish and releasing them further downstream.The diversion will allow for the piling of the cofferdam, which will provide a dry working space for the control structure. Once the control structure is completed the diversion will be backfilled and the river allowed to return to its original course.The £32 million project will hold 1.7 million cubic meters of water and reduce flood risk for 1,400 properties currently at risk of flooding from the River Tame.last_img read more

Williams fulfils naked ambition to claim third snooker world title

first_imgThe 2018 World snooker champion Mark WilliamsLondon, United Kingdom | AFP | Mark Williams fought off a stunning comeback from John Higgins to claim his third world snooker crown on Monday and then fulfilled a pledge to appear naked at his press conference.The Welshman won a gripping final 18-16 to add to his titles in 2000 and 2003.At 43 he became the oldest winner since his fellow Welshman Ray Reardon triumphed aged 45 in 1978.Higgins, 42 and seeking a fifth title, fought back from a seven-frame deficit to draw level at 15-15, but Williams held on to take the sport’s showcase.It capped a remarkable late-career revival as he did not even qualify for the championships in 2017, and last reached the final 15 years ago, when he defeated Ken Doherty.“Last year I watched this in a caravan having some beers. I just can’t believe it, I was seriously thinking of giving up” Williams told the BBC.He was 15-10 up, three frames away from the title, after Monday’s afternoon session having started the day 10-7 in front.He stormed seven frames clear when taking Monday’s first four frames but Higgins fought back in what six-time former champion Steve Davis commentating for the BBC described as “the best final ever”. Davis wasn’t the only one left in awe at what he had witnessed with referee Brendan Moore taking to Twitter to declare: “Well I’ve reffed some great games in my time, but that was an absolute classic.”Higgins reflected: “Today I was 13-7 behind and I was worried if I would take it to the fourth session, I didn’t want to lose with a session to spare.– ‘Hand grenade’ –“It was a good match to watch but obviously I’m disappointed. He is a great champion.”The two fortysomethings received a standing ovation at Sheffield’s Crucible Theatre as they emerged for the concluding evening session.And Higgins had the captivated crowd on the edge of their seats as he compiled a stunning 131 break after a costly error by Williams to take the 27th frame to make it 15-11.That was the Scot’s fourth century in the final.Share on: WhatsApp Pages: 1 2last_img read more

Arrest Warrant Issued for NFL Players Wanted on Armed Robbery, Assault Charges in Miramar

first_imgHe graduated from Miami Northwestern High School five years ago and attended the University of Georgia.New York selected him 30th in the 2019 draft.Meanwhile, Dunbar is a 2010 graduate of Miami’s Booker T. Washington High School. He graduated from the University of Florida in 2015 and becoming one of the most sought un-drafted free agents, eventually signing a three-year deal worth $1.57 million with the Washington Redskins.He was traded to the Seattle Seahawks in March for a fifth-round selection in last month’s NFL draft, and is a cousin of former University of Miami star Denzel Perryman, who is now a linebacker for the Los Angeles Chargers.This is a developing story. Baker was the Giants’ first round pick in the 2019 draft and started 15 games last season. Miramar Police say they have a warrant for the arrest of New York Giants cornerback DeAndre Baker and Seattle Seahawks cornerback Quinton Dunbar.The pair allegedly threatened another person a gun at a party on Wednesday and then robbed the individual, according to a police report.The players reportedly stole money and luxury brand watches from the victim.Baker, who was armed with a semi-automatic firearm during the incident, faces four counts of armed robbery and aggravated assault with a firearm.Dunbar is also faceing four counts of armed robbery with a firearm.center_img Two NFL players are wanted in Miramar, on charges of armed robbery and assault.last_img read more

South Sound YMCA Teaches Madison Elementary Students To Swim

first_imgSubmitted by the South Sound YMCAWhen the third grade students from Madison got off the bus at the Downtown Y on September 24 it was hard to tell who was more excited; the Madison students or the Y staff greeting them.  The Y planned and prepared for this week for months and we wanted to make sure their experience was awesome and that they learned important swimming skills.  This week of free swim lessons counted towards their PE grade and we wanted all 40 of them to do well!The results more than exceeded our expectations.  With drowning as the second leading cause of death for youth (ages 2 to 14), it i important that kids know what to do in an emergency.  We are thrilled that 92 percent of the participants can now return to the edge of the water or pool if they accidentally fall in and 80 percent now have the skills to swim out of a strong, open-water current.  In addition, 68 percent of the kids increased their swimming ability by one full level and 15 percent increased by two levels!  (A full article about the Y’s swimming program can be found here.)The teachers were thrilled by the impact the lessons were having on the kids back in the classroom.  They told us that the kids were more excited to come to school, their self-confidence increased, and that the lessons gave the students something to look forward to.  On swim days, third grade attendance was near perfect.Changes were also evident to the parents of the kids.  One mom told us that her daughter came home excited and full of pride on the days she went to the Y.  The girl insisted that her mom take her to the Y to show off her newly learned swimming ability!We are grateful to our donors and the Olympia School District for their generosity in helping this program succeed.At the Y, we believe that all kids deserve the opportunity to discover who they are and what they can achieve.  That’s why, through the Y, thousands of youth in our community are cultivating the values, skills, and relationships that lead to positive behaviors, better health, and educational achievement.For more information, visit the Y’s website. Facebook2Tweet0Pin0last_img read more

Window Seat Media Announces InhaleExhale: Honoring Life and Navigating the Journey…

first_imgAccess resources so you can better plan for end-of-life Sliding scale tickets available and no one turned away for lack of funds. Space is limited. This is a unique opportunity. It is for anyone who wants to feel empowered about end-of-life care For a full event schedule, session descriptions, speaker bios, and to buy tickets, visit the Window Seat Media website.This project is produced by Window Seat Media and is sponsored by Humanities Washington, Olympia Federal Savings and South Sound Vasectomy. Reflect on your own journey and honor loved ones through playback theater, writing workshops, and a pop-up exhibit  Learn about new progressive legislation – human composting and alkaline hydrolysis – providing more environmentally friendly options for our bodies after death center_img Facebook62Tweet0Pin0Submitted by Window Seat MediaWindow Seat Media announces the launch of its newest Community Stories Project: InhaleExhale: Honoring Life and Navigating the Journey of Death. What are our “blueprints” for dying? Where do these stories come from and how do they inform the care we seek and receive? What stories complicate our “master narratives,” and what can we learn from those stories? “Our goal with this project,” says Lead Curator, Elaine Vradenburgh, “is to share powerful stories and ideas, access new ideas, and ask what is possible for end-of-life care in the South Sound community.” The project launch will be held on Saturday, November 16 from 9:00 a.m. to 5:00 p.m. at the Lord Mansion in Olympia, Washington. Participants will have the opportunity to: Participate in interactive workshops with speakers from around the state who will share their knowledge and experience with alternative, progressive death care – including the role of death doulas, how to have a home funerals, and green burial and emerging alternatives last_img read more

Why Is The iPad Mini $329? Because It Is

first_imgWhy IoT Apps are Eating Device Interfaces But Amazon’s Kindle Fire thing is half the price! But the Nexus 7 is way cheaper!So?Apple is going to sell out of its Christmas 2012 supply of iPad minis no matter how much it costs — $329, $200, whatever. Why leave money on the table? If it can sell 100% of its iPad mini supply for more than $329, why bother selling any to people who would only buy it for less than $329? (Also, this helps preserve Apple’s margins.)Then, next year, Apple can launch the retina-display iPad mini at the current (or similar) price, and slice $100 off the non-retina model. The same way Apple continues to sell the iPad 2 for $399 and the iPhone 4S for $99 — $100 off their current-year-model prices. (Perhaps the 2013 prices will vary, depending on what Amazon and/or Google, etc. are charging then.)Either way, it’s a sure sellout this year and a good story to tell next year. Smart.This article originally appeared onSplatF with Dan Frommer. Tags:#Apple#iPad#iPad mini#iPad mini#mobile Related Posts Role of Mobile App Analytics In-App Engagementcenter_img dan frommer What it Takes to Build a Highly Secure FinTech … The Rise and Rise of Mobile Payment Technologylast_img read more

DAVV University organise 51st convocation after two-year delay

first_imgAfter a long halt of two and a half years, the Devi Ahilya Vishwavidyalaya (DAVV), Indore, will finally organize its 51st annual convocation on December 1.Multiple hundreds of students from the 2013 -13 and 2013-14 batches would be awarded with their respective achievement at the convocation ceremony.It is speculated that the cancellation of convocation consecutively was due to the poor health condition of the then chancellor, Ram Naresh Yadav, among other reasons, as reported by HT.51st convocation of DAVVThe 51st convocation ceremony would be held at the university auditorium on Thursday. While chancellors of all state universities will grace the ceremony with their presence, Governor Omprakash Kohli would chair the convocation. Among other dignitaries, Prof. DS Chouhan, Vice-Chancellor of JLA University, Mathura was invited as the chief guest at the ceremony.Special appearancesCity Mayor Malini Goud and State Higher Education Minister Sanjay Pathak was invited as a special guestAs many as 272 meritorious students with gold and silver medal of the two batches besides 61 PhD scholars would be awardedAround 33, 000 graduates and 11, 000 postgraduates, 375 MPhil, and 185 PhD scholars will be awarded degrees in absentiaGender gap in accoladesThe university once again boasted more number of girls winning medals.While 204 girls won a medal, there are only 68 boys on the medal tally.While 86 girls of the 2012-13 batch will be conferred with gold medals, 14 are slated for silver medalsWhile 90 girls of the 2013-14 batch would be conferred with gold, 14 will get silverRitu Bansal, an MBBS students, would be conferred with four gold medals and two silvers for excellence in academic record, and yet another engineering student, Anshu Hirani would be confer with four gold medals26 gold medals and two silver medals would be given to boys.Read: SC to monitor setting up of International University in OdishaadvertisementRead: No subsidy for foreign students in IIT Click here for more education related news.For more details, follow India Today Education or you can write to us at [email protected]last_img read more