Coal Mining Probe: Calcutta High Court DB Stays Single Bench Verdict Which Held Specific Consent Of State Govt Was Needed For CBI To Investigate Beyond ‘Railway Areas’

first_imgNews UpdatesCoal Mining Probe: Calcutta High Court DB Stays Single Bench Verdict Which Held Specific Consent Of State Govt Was Needed For CBI To Investigate Beyond ‘Railway Areas’ Sparsh Upadhyay13 Feb 2021 8:01 AMShare This – xThe Calcutta High Court on Friday (12th February) stayed the Single Judge Bench ruling which had ruled that probe beyond the Railway areas (in the State of West Bengal), shall be conducted by the CBI only subject to specific consent being granted by appropriate authorities of the State of West Bengal. The Bench of Justice Rajesh Bindal and Justice Aniruddha Roy was hearing an…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 Calcutta High Court on Friday (12th February) stayed the Single Judge Bench ruling which had ruled that probe beyond the Railway areas (in the State of West Bengal), shall be conducted by the CBI only subject to specific consent being granted by appropriate authorities of the State of West Bengal. The Bench of Justice Rajesh Bindal and Justice Aniruddha Roy was hearing an appeal filed by the CBI challenging the order of the Single Judge Bench. The Division Bench, in its order, noted, “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.” The Court also remarked, “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…” However, on 27th April, the Calcutta High Court will be hearing the case again to ascertain as to whether CBI can probe cases in Bengal even after the state has withdrawn its “general consent” in 2018. The Case before the Court 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). Arguments put forth Solicitor General of India contended before the Court that the direction of the Single Judge was restricting the course of the investigation to only the Railway areas is total without jurisdiction, as the investigation of a case cannot be circumscribed by territorial jurisdiction. On the other hand, the Advocate General contended before the Court that in view of the withdrawal of State Government’s General Consent (dated November 16, 2018), no investigation for any offence committed within the territorial jurisdiction of the State of West Bengal can be carried out by the CBI. Appearing for writ petitioner (Anup Majee), Senior Counsel Siddharth Luthra argued that the words ‘Railway Areas’ have not been defined under the 1946 Act and hence, the statute to that extent is vague and the CBI cannot be given unlimited powers to investigate the cases where no territorial jurisdiction is defined. It was further argued that a plain reading of the FIR shows that the offence was committed within the territorial jurisdiction of State of West Bengal as it was in the mining area of Eastern Coalfield Ltd. Further, he said that it may have extended to the Railway Area but the primary offence being within the jurisdiction of the State of West Bengal, protection of the 1946 Act cannot be taken by CBI to investigate the offence. Lastly, he argued that the investigation and any coercive action against Anup Majee deserves to be stayed. In response to this, Mr. Tushar Mehta, Solicitor General of India submitted that no prejudice as such will be caused to the accused herein (Anup Majee) if the offence is investigated by the CBI. He argued that if in the case, finally the court comes to the conclusion that CBI had no jurisdiction to investigate the offence, the material collected by that time will be transferred to the investigating agency having jurisdiction to investigate. Importantly, he argued that any delay in the process will certainly hamper the investigation as during the interregnum the witnesses maybe won over or the case property or records destroyed or tampered with. Court’s observations The Court noted that the railway areas is one of the major parts of the investigation as the coal illegally removed from the mines was transported through railways starting from the railway siding in the mining area to different places. The Court also said that plain reading of the FIR, it cannot be suggested that the offence has been committed at one place as these are chain of events, which are interlinked with the railways and other officers, including those of Para-Military Force, namely, CISF, who are drawing salaries from the Central Government. Further, the Court observed, “The case sought to be set up by the appellant/ writ petitioner is to choose the investigation agency, for which he has not right. His only concern can be fair investigation and trial. Fair investigation in any case will not prejudice the writ petitioner.” Lastly, the order passed by the learned Single Judge was stayed and effectively, the CBI was allowed to investigate the matter without any hindrance. Case title – The Central Bureau of Investigation v. Anup Majee and Others With Anup Majee v. Union of India and Others [MAT No.158 of 2021 with CAN No. 1 of 2021 With MAT No.167 of 2021 with CAN No. 1 of 2021] Click Here To Download OrderRead OrderNext Storylast_img read more

Leraas spins, wins at Shenandoah

first_imgMike Leraas overcame an early spin to take the April 21 Virginia Sprint Series feature win at Shenan­doah Speedway. (Photo by Jim Haines)By Jim HainesSHENANDOAH, Va. (April 21) – After an early spin, Mike Leraas raced to the front of the field to take his first Virginia Sprint Series win of the season Saturday at Shenandoah Speedway.Chris Ware and Bill Rice pacing the IMCA RaceSaver Sprint Car field to green and stayed side-by-side before an early yellow flew. Rice got the lead on the restart with Tony Harris all over him and Ware in third.Harris worked his way to the front on lap seven but Leraas was gaining speed on the bottom and closing in after passing Rice for second.As the laps wound down Leraas, used a low line to take the lead just as Ware got by Rice for third.Leraas was fastest on the bottom as he flashed under the checkered flag with a five car length cushion over Harris. Ware was third.The next race scheduled is a return to Natural Bridge Speedway on Saturday, May 12.last_img read more

Pardew hails Gunners-class Cabaye

first_img Press Association Crystal Palace manager Alan Pardew believes Yohan Cabaye would have slotted straight into Arsenal’s starting line-up if the midfielder had signed for the Gunners this summer. “He didn’t really have a tough time there, he was just frustrated he didn’t get enough first-team games.” Pardew added: “I think the lads here have taken him under their wing – they understand he is the benchmark for our playing staff.” Another player frustrated by a lack of first-team football is Palace striker Dwight Gayle, who is considering an offer from Bristol City after the Championship side had a bid accepted for the striker. “Dwight last year was a little bit upset he wasn’t involved in the first team and quite rightly, this is a guy who’s got 20 goals in him,” Pardew said. “He came and saw me at the start of the season and expressed a view to move elsewhere. “I’m in such a great position with the players I have, I said ‘okay that’s fine with me and we’ll try to get you a club’. “Now there is a club and there’s a reluctance to go. The ball is firmly in Dwight’s court. As far as I’m concerned, this is a player who is perhaps going to go.” Palace host Arsenal on Sunday and Cabaye is likely to start after scoring on his Eagles debut in a 3-1 win at Norwich last weekend. “Two years ago Yohan wouldn’t play (for Newcastle) at Manchester City because he thought he was going to Arsenal so it’s quite ironic he’s now here with us at Crystal Palace,” Pardew said. “He’s a fantastic player, we’re honoured to have him and he’s definitely the level of Arsenal players. “I don’t think Arsene Wenger or anyone at Arsenal would disagree with that. “We have a player who could definitely play in their team and that’s a nice feeling for us.” Cabaye eventually left Newcastle for Paris St Germain in January 2014 but he struggled to establish himself in the first team at the Parc des Princes. “He was just not getting on the pitch,” Pardew said. “He was actually playing quite well when he did get on the pitch but the competition was immense. Cabaye moved to Selhurst Park in July but was regularly linked with Arsenal and went close to joining the north London side two years ago. The Frenchman refused to play for Newcastle in August 2013 as Arsenal looked to be closing in on the midfielder but the Magpies rejected a bid and the transfer never materialised. last_img read more

No. 10 Notre Dame shooting for ACC, national titles in 2020

first_img LIVE TV SUBSCRIBE TO US Last Updated: 2nd September, 2020 08:13 IST No. 10 Notre Dame Shooting For ACC, National Titles In 2020 Most seasons at Notre Dame, expectations include questions about contending for a championship. This year, there are questions about two COMMENT First Published: 2nd September, 2020 08:13 IST Associated Press Television News center_img WATCH US LIVE Written By Most seasons at Notre Dame, expectations include questions about contending for a championship. This year, there are questions about two.One of the most unusual seasons in the history of college sports is about to begin and it includes a pandemic-prompted wrinkle for the 10th-ranked Fighting Irish: They are taking a one-year sabbatical from their treasured independence to join the Atlantic Coast Conference race, a step that guaranteed Notre Dame a slate of opponents when dozens of programs aren’t playing at all.Notre Dame opens the season Sept. 12 at home against Duke.“I know our players are excited about playing for a conference championship,” said coach Brian Kelly, now in his 11th season at Notre Dame.Those odds could be long. Indeed, they might need to beat No. 1 Clemson twice – on Nov. 7 in Notre Dame Stadium and in the ACC championship game in December – to even receive a College Football Playoff berth and possibly three times to break their 32-year national title curse.Kelly’s tenure ties him with Hall of Fame predecessors Frank Leahy, Ara Parseghian and Lou Holtz, all just two years behind Knute Rockne. The other four have national championships on their resumes and statues in their honor outside the house that Rockne built.Notre Dame’s last national championship came in 1988 under Holtz, and Kelly’s Irish have come up empty against the dominant teams of the last decade (Alabama and Clemson).Notre Dame will have an experienced quarterback under center in Ian Book, who has thrown for 6,118 yards and 57 touchdowns, rushed for another 1,033 yards and eight scores, and is 20-3 as a starter entering his fifth season.Book will have a veteran offensive line in front of him along with junior tight end Tommy Tremble, speedy outside receivers Braden Lenzy and Lawrence Keys III and grad transfer Ben Skowronek. Senior Jafar Armstrong returns to a crowded backfield after two injury-plagued seasons.“There’s nothing better than putting in that work and working on chemistry,” Book said.Kelly said he has seen growth in the 6-foot, 208-pound Book since quarterbacks coach Tom Rees became the team’s new offensive coordinator prior to the team’s 33-9 bowl victory over Iowa State.“He’s developed a single-minded focus in terms of what he wants this team to accomplish,” Kelly said. “It’s a championship or bust.”In this bizarre season, make that two championships.STRENGTH UP FRONTLeft tackle Liam Eichenberg heads a veteran offensive front for line coach Jeff Quinn and is projected to be the next Irish lineman to go in the NFL draft’s first round.“It’s something we take pride in,” said the 6-foot-6, 305-pound Eichenberg, who is joined on the line by left guard Aaron Banks, center Jarrett Patterson, right guard Tommy Kraemer and right tackle Robert Hainsey. Patterson is a junior and the others are seniors are graduate students.DEFENSE RISINGClark Lea, the 38-year-old defensive coordinator, could be a head coach-in-waiting. Last season, his 4-2-5 defense finished 12th in scoring (17.9 points allowed per game) and 18th in total yardage (321.6 allowed).Despite losing seven players with starting experience to the NFL, an abundance of talent returns in linemen Daelin Hayes, Myron Tagovailoa-Amosa, Kurt Hinish and Adetokunbo Ogundeji; linebacker Drew White; rover Jeremiah Owusu-Koramoah, and secondary stalwarts Kyle Hamilton, TaRiq Bracy and Shaun Crawford, back for a sixth year.NEW FACES, (SOME) NEW PLACESTwo freshmen tight ends in Michael Mayer and Kevin Bauman will add depth and ease the loss of Cole Kmet to the NFL. True freshman Chris Tyree and redshirt freshman Kyren Willliams have impressed at running back. Two other transfers – corner Nick McCloud (N.C. State) and safety Isaiah Pryor (Ohio State) – are expected to see extensive playing time.VIRUS UPDATENotre Dame began fall classes Aug. 10 and saw a spike in COVID-19 positive tests that forced President Rev. John Jenkins to shut down in-person classes beginning Aug. 19. Because of the spike, the Irish did not resume practice until Aug. 23. Since beginning testing June 18, the staff and players have undergone more than 1,000 tests with 11 positive cases..SCHEDULE SCRAMBLEFor the first time since 1927, Navy is not on the schedule as Notre Dame went with a slate of 10 ACC games and one non-conference matchup, against South Florida on Sept. 19. The Irish could face Book’s former backup ,Phil Jurkovec, when they visit Boston College on Nov. 14.Image credits: AP FOLLOW USlast_img read more

Cloudy Day…Pirates drop another heartbreaker to Athletics 2-1

first_imgClouds hang over PNC Park during a rain delay before a baseball game between the Pittsburgh Pirates and Oakland Athletics in Pittsburgh Tuesday, July 9, 2013. The Athletics won 2-1. (AP Photo/Gene J. Puskar) by Will GravesAP Sports WriterPITTSBURGH (AP) – Dan Straily pitched two-hit ball into the seventh inning, Brandon Moss hit a two-run homer and the Oakland Athletics beat the Pittsburgh Pirates 2-1 on Tuesday night.Straily (6-2) struck out seven and walked three in 6 1-3 innings for his second straight strong outing. Grant Balfour worked the ninth to remain perfect in 24 save chances this season. The A’s have won 10 of 13.Gerrit Cole (4-2) lost his second consecutive decision despite working seven innings for the first time in his four-week major league career. Cole allowed five hits, struck out four and walked two. Andrew McCutchen strikes out against Oakland Athletics closer pitcher Grant Balfour during the ninth inning of a baseball game in Pittsburgh Tuesday, July 9, 2013. The Athletics won 2-1. (AP Photo/Gene J. Puskar)After the start was delayed 1 hour, 42 minutes, Pedro Alvarez hit his 23rd home run but Pittsburgh matched a season high with its fourth straight loss.Straily has struggled starting on four days’ rest during his brief major league career, coming in 0-3 with a 7.16 ERA when not given at least five days between starts.Yet the rookie had no issues dealing with Pittsburgh’s suddenly punchless offense. The Pirates have scored just six runs during a 2-6 slump that has dropped them behind first-place St. Louis in the heated NL Central race.Alvarez provided Pittsburgh’s lone run with a 448-foot drive to the bushes in center leading off the second. The home run made him just the third player in team history to reach 23 homers before the All-Star break, joining Ralph Kiner and Willie Stargell.In a way, Alvarez is having the type of season the franchise once envisioned for Moss. The first baseman spent parts of three seasons with the Pirates between 2008-10, with Pittsburgh hoping his raw left-handed power would help him pound balls off – or over – the Clemente Wall in right field.It never really happened. Moss hit all of 13 homers in 195 games for the Pirates before eventually making his way to Oakland, where he’s become a key cog in one of baseball’s biggest surprises.Moss provided a glimpse of what could have been in Pittsburgh in the fourth when Cole wobbled for the briefest of moments. The right-hander had retired nine straight when John Jaso stepped to the plate. The Pirates swung the defense to the right only to have Jaso smack a double down the left-field line. The ball would have been playable if Alvarez was in his normal position at third base. Instead, he was 40 feet away as the ball rolled into the outfield.One pitch later, Moss gave the A’s the lead, sending a changeup into the second row in right to give Straily all the backing he needed.The Pirates didn’t get a runner to third base over the final six innings. Their best chance to tie the game came in the seventh when Alvarez led off with a walk and moved to second on Russell Martin’s sacrifice bunt. Oakland reliever Sean Doolittle replaced Straily and struck out pinch-hitter Gaby Sanchez before getting Jordy Mercer to pop up to first.Jose Tabata led off the ninth with a single off Balfour, but Andrew McCutchen and Alvarez struck out before Martin grounded out meekly to first as Balfour extended his club record for consecutive save chances converted to 42, dating to last season.NOTES: The start of the game was pushed back due to the potential of inclement weather. While lightning flashed several times during the 1:42 delay, it never actually rained. … Oakland LF Yoenis Cespedes was selected to the American League team for the Home Run Derby next Monday night in New York. Cespedes, who has 15 home runs this season, is the first A’s player to be chosen for the Home Run Derby since Jason Giambi in 2001. … McCutchen went 0 for 3, ending his 10-game hitting streak. … The series wraps up on Wednesday when Pittsburgh LHP Francisco Liriano (8-3, 2.20 ERA) faces Oakland LHP Tommy Milone (8-7, 4.11). … Hall of Fame golfer Arnold Palmer, who grew up in Latrobe, about 45 minutes east of Pittsburgh, was in attendance.last_img read more