Commenting on his decision to sign for London Irish, Tom Smith said: “I have thoroughly enjoyed my time at Ospreys but feel it is time to move on and I am keen to do this at London Irish. There are a few Welsh lads in the current London Irish squad who have gone on to be extremely successful in recent seasons and I hope to follow suit when I join this summer.”Tom will join up with his new London Irish team mates for pre-season training in June. Away from rugby Tom has studied medicine at Cardiff University. London Irish head coach Toby Booth said: “Tom’s ability to play at both blindside flanker and number 8 means he will add further to our back row options. He is a top class defender that possesses very good set piece attributes.” Smith leaves the Welsh region for the bright lights of the PremiershipLondon Irish has signed Tom Smith from Ospreys on a two year deal the club can reveal this afternoon.Smith, who was born in Bristol, has made 60 appearances for the Welsh region scoring two tries. Standing 6 feet 2 inches and weighing just under 17 stones, he will bring plenty of physicality to the Irish back row as well as his experience of playing regularly in the RaboDirect PRO 12 competition and the Heineken Cup.The 26 year-old has captained Wales at Under 21 level as well as the Ospreys when called upon. This will see him bring leadership qualities along with his rugby ability when he joins the club. LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS SWANSEA, WALES – JANUARY 13: Ospreys forward Tom Smith in action during the Heineken Cup pool five match between Ospreys and Benetton Treviso at Liberty Stadium on January 13, 2012 in Swansea, Wales. (Photo by Stu Forster/Getty Images)
Share on Facebook Tweet on Twitter Mama Mia Save my name, email, and website in this browser for the next time I comment. TAGSInspirationRabbi Rick SherwinThe VOICE of Inspiration Previous articlePalm Tree PeopleNext articleOn this day: The Challenger space shuttle explodes Denise Connell RELATED ARTICLESMORE FROM AUTHOR January 29, 2018 at 9:47 am Sonja Emily Fitch…..Bravo, Bravo, Bravo, to you! I couldn’t have stated it better myself! Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 Support conservation and fish with NEW Florida specialty license plate Please enter your comment! The Anatomy of Fear 1 COMMENT Rabbi Rick Sherwin, a graduate of UCLA, was ordained by the Jewish Theological Seminary in New York. Rabbi Rick’s passion is filling spiritual services and interfaith educational programs with creativity, relevance, dialogue, and humor. LEAVE A REPLY Cancel reply The Divine Charge “to love” appears three times in the Torah, the Five Books of Moses: (1) Love your neighbor as yourself, (2) Love the stranger who comes to you for help, (3) Love your Eternal God. A closer reading of the text reflects love not as emotion, but as the manifestation of awareness and caring action.The call “to love” sets the foundation for INTERFAITH programs dedicated to understanding each other, creating shared dreams of a better world, and cooperating to make those dreams come true. The foundation of love – any kind of love – begins with face-to-face dialogue. The element of loving responsibility underlies the MULTIFAITH call for us to stand shoulder-to-shoulder, to protect each other proactively and – where necessary – to jointly respond with prophetic passion in word and deed.In Central Florida, many faith and heritage communities worked to create a strategy to promulgate shared values, to advocate for justice with one voice, and to proactively watch for signs of inflammatory messages and speech that incites political and social attack, especially in social media.INTERFAITH face-to-face relations are imperative, and MULTIFAITH shoulder-to-shoulder advocacy is vital!I “love” the communal call to be proactive! Reply Please enter your name here You have entered an incorrect email address! Please enter your email address here The VOICE of InspirationBy Rabbi Rick Sherwin
Michael Heaton Reply David Rankin But while he is happy to see the scoreboards installed, he is not pleased with what he sees or the terms he was told. “I am disappointed in the actual product installed, as it differs from what was presented and discussed at our City Council meeting back in March of last year. Major Display and staff at the time presented and provided renderings of scoreboards with LED video displays, which is understandably a nice selling point for generating advertisement interest to make this a favorable deal for the city, however, the installed boards do not have these LED displays. In a deal centered on the idea of revenue sharing, we have already lost close to a year of potential revenue waiting for the boards to be installed, which were estimated to be installed after one or two months when I asked during our original consideration of this request.” At the March 1st, 2017 meeting, Becker asked Shorty Robbins, who is the representative of Major Display Scoreboards that made the presentation to Council, when the scoreboards would be installed. March 9, 2018 at 10:03 pm Support conservation and fish with NEW Florida specialty license plate The Anatomy of Fear David Rankin March 10, 2018 at 7:12 am Reply Reply Where’s the advertising? Who cares why they are a year late… That gave extra time to sell those $5,000 “partnerships.” Of course Mayor Joe would say the scoreboards meet the terms of the contract while commissioners disagree as to what was presented to the City Council. Just another incidence of how Mayor Joe and his administration have an inability to write a contract!! “We can have them in the ground in a month or two,” said Robbins. “It doesn’t take very long. We’ve got a lot of those (scoreboards) under production already. We would have to work with (Apopka) Parks and Recreation to find out what’s a good time for them. My understanding is we would have to run electricity out there.” But despite her estimate of one or two months, the date of installation was closer to one year. Becker also asked when she thought the scoreboards would begin generating revenue. “When is the sweet spot to secure sponsorships?” “We’ve had luck all year ’round in other locations,” said Robbins. “A $5,000 sponsorship isn’t that much when we’re going to people. But that’s back on us.” According to Sargent, there are currently no sponsorships for any of the four scoreboards. “The scoreboards will be energized next week,” Sargent said. “Sponsorships will follow.”Bankson expressed skepticism in 2017, and that has not wavered since the installation. At the 2017 meeting he said this:“My concern with the scoreboard is that it was not budgeted, and we are dealing with a lot of expenditures. Although I see the benefit, I’m against the idea at this time. I don’t see the necessity.”But in 2018, Bankson’s skepticism has transitioned to outright displeasure.“Though I was not in agreement with the structure of the arrangement which is why I voted against the scoreboard deal, I am even more unhappy with the quality of the installation and the fact that there are no sponsorships and no LED screens as was intimated at their proposal last year,” he said. “The posts are uneven on all four signs meaning they do not have the same amount of underground depth and could possibly lead to unevenness over time. We should not pay another dime until this is rectified and actually should have some concessions for the amount of wait time which caused us not to be able to highlight them and celebrate the signage at the little league season grand opening last week. Furthermore, the amount of square footage for advertising space is small and hampers sales. I don’t see why we couldn’t have used limited area at the top of our fences for quality sponsorships. We would have made much more revenue and could have kept all of the proceeds and benefitted the league.”In 2017, Kilsheimer saw this deal as a chance to get something sooner than expected, and with no strain on city employees.“This is an amenity for our recreation complex that we can get sooner rather than later and that we can get with minimal impact on the staff,” he said at the March/2017 meeting. We don’t have to go out and manage this process. We’re short-staffed anyway. I’m in favor with moving forward on this because we can get an amenity on this that makes the fields more attractive for the public, more attractive for tournaments and as an experience for the people using the fields. I think it’s the right thing to do. And as far as the money is concerned, we’re going to spend a little money to make a lot of money over the next seven years.”But unlike Bankson and Becker, he is still pleased with the scoreboards and is happy with the terms of the contract.“I think the scoreboards make an attractive addition to the fields,” said Kilsheimer. “I asked the recreation director to review the contract. She informed me that the scoreboards meet the terms of the contract.”Apopka Recreation Director Mariah McCullough, in an email to The Apopka Voice through Sargent, released this statement:“We are excited to receive the scoreboards and look forward to seeing them operating within a week. They are a nice addition that adds character and convenience to four of the fields at the Northwest Recreation Complex.”Velazquez also wanted to move forward in 2017 because she was concerned Apopka was falling behind other communities.“I like these scoreboards because there are other cities and counties building parks to rival ours, and I know from different organizations that they’re starting to look at other counties and cities to take their teams there because in some cases they are getting better deals and better fields,” she said. “We’re really trying to keep up with that competition, but if this is going to happen, this is the height of the season. I realize the investment, and I think it’s something the City of Apopka should be doing. What I’ve seen is our tendency in the past to wait to do things, and then we get behind the eight-ball and we have to try to catch up.”Unlike Bankson and Becker, she is pleased with the installation of the scoreboards and thinks the staff can iron out the remaining details of the contract. “I spoke with City Administrator Glenn Irby to review the project that was presented to the council last year, March 2017,” she said. “I was satisfied seeing the four scoreboards looked like the original presentation. Glenn stated there is another component to be added at a later date re: sponsorships. A news release was issued by our Public Information Officer Robert Sargent announcing the installation of the scoreboards adding to the enhancements already made to the ballfields. I concur with the news release. I have confidence our recreation staff will oversee the completion of the contract as agreed upon.” March 9, 2018 at 8:01 am Debra Ryan March 9, 2018 at 6:22 am One of the four scoreboards installed at the Northwest Recreation Facility softball fields. This fiasco alone should change the makeup of the city council by getting rid of Joey and Diane, vote Bryan Nelson our new Mayor. This manufacturer is garbage. In a couple of years they will be need of replacing them again. Why would anyone city buy a product from a company that has only been making scoreboards for 5 or so years. Reply Barbara – Who does not live in Apopka? Do you have a list? Apopka life LEAVE A REPLY Cancel reply Because Mayor Joe Kilsheimer is totally inept when it comes to business, negotiating and structuring any type of deal. He paid these people almost $50K up front and lost any leverage that he might have otherwise had. It’s no wonder that the scoreboards are almost a year late in arriving, don’t work and most certainly not of the design that was approved by Joe. I firmly believe that he could hose up the Easter Parade! March 9, 2018 at 10:04 pm All I see is incompetence portraying itself as excellence. This is why we need to pay more attention to these so-called public servants. Some of them need babysitters and their hands held. What a disgrace! David Rankin Reply You have entered an incorrect email address! Please enter your email address here Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 Because much like Superman, there are no boundaries when it comes to protecting truth, justice and the American Way. Up, up and away! March 9, 2018 at 1:38 pm March 9, 2018 at 7:34 am Reply They aren’t short staffed on public information ! #spincity Dale Fenwick Please enter your name here Reply “What’s the timeline you are looking at? Becker asked. “Assuming these get approved… what’s the time it takes to install them and have them up and running?”One of the four scoreboards installed at the Northwest Recreation Complex softball fields. Barbara McLeod March 8, 2018 at 11:08 pm TAGSApopka City CouncilNorthwest Recreation ComplexScoreboards Previous articleFive books by women, about women, for everyoneNext articleAn open letter from Suzanne Kidd to the Apopka voters Denise Connell RELATED ARTICLESMORE FROM AUTHOR “Work is wrapping up on four new softball field scoreboards – the latest improvements to Apopka’s popular Northwest Recreation Complex on Jason Dwelley Parkway”Those are the words of Apopka Public Information Officer Robert Sargent in a news release the City of Apopka published earlier in the week entitled “Apopka Continues to Improve Northwest Recreation Complex“. Later in the 439-word statement, Sargent additionally writes this about the scoreboards:“The four new scoreboards from Major Display feature 5-by-10-foot scoreboards and panels for advertising. The scoreboards are operated by wireless controllers. The scoreboards are located on softball fields A, B, C and D near the Northwest Recreation Complex administrative offices.”At a March 1st, 2017 meeting, the Apopka City Council voted 3-2 to purchase those four scoreboards. Apopka Mayor Joe Kilsheimer, Commissioners Kyle Becker, and Diane Velazquez voted in favor of the purchase, while Commissioners Doug Bankson and Billie Dean voted against it. However, if Becker could vote today, it might be a different case. “I’m glad to see the scoreboards were finally installed over the weekend, he said. “These will serve to enhance the game experience for the many leagues and tournament games hosted at our fields.”A proposed proof of the scoreboard provided by Major Display. Why are people that don’t live in Apopka commenting on this? Let alone bashing our mayor. 11 COMMENTS Reply Joe Johnson March 10, 2018 at 11:50 am Reply March 9, 2018 at 8:39 am Dale Fenwick March 11, 2018 at 9:49 am James1958 Since when did the recreation director become proficient in reading and interpreting in commercial contract? The scoreboards certainly aren’t what Joe sold to the Apopka City Commission last year but he needed to show the voting public something in time for the election. It’s just one more item in a long list of foul ups of which he’s the ringmaster. Share on Facebook Tweet on Twitter Please enter your comment! Reply Reply Save my name, email, and website in this browser for the next time I comment.
Single Family House on a Slope / DostSave this projectSaveSingle Family House on a Slope / Dost Projects ArchDaily Photographs Area: 218 m² Year Completion year of this architecture project 2012 CopyAbout this officeDostOfficeFollowProductsWoodConcreteBrick#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesMerishausenSwitzerlandPublished on April 28, 2017Cite: “Single Family House on a Slope / Dost” 28 Apr 2017. ArchDaily. Accessed 11 Jun 2021.
Facebook Twitter Reaction to House Draft Farm Bill Previous articleGovernors Calling for State Action on E15 CommendedNext articleDrought has Livestock Producers Concerned Too Andy Eubank SHARE By Andy Eubank – Jul 8, 2012 Home Indiana Agriculture News Reaction to House Draft Farm Bill SHARE Facebook Twitter Iowa Senator Chuck Grassley is disappointed with the approach to payment limits in the draft farm bill released by House Agriculture Committee leaders Thursday. He says the grassroots have called for sensible commodity program caps to prevent subsidizing big farm operations with taxpayer dollars so they can get even bigger. In addition – Grassley says it’s important to ensure farm payments go to actual farmers. He notes the Senate-passed farm bill included provisions to limit payments – including a 50-thousand dollar cap on the Agricultural Risk Coverage program, the closing of loopholes exploited by non-farmers and a 75-thousand dollar cap on marketing loan gains and loan deficiency payments. Grassley says the House draft doesn’t even stick with the status quo for payment limits.According to Grassley – the measure would have a farmer choose between a counter-cyclical program and a revenue program and increase the farmer’s cap to 125-thousand dollars regardless of the program chosen. He notes direct payments currently have a limit of 40-thousand dollars per farmer and the counter-cyclical program has a limit of 65-thousand dollars. Further – he says the draft bill would not place any cap on the amount of benefits any one farmer could receive from the marketing loan program. Grassley calls it an indefensible approach for farm programs – and encourages the House Ag Committee to take a serious look at the common sense and meaningful payment limit reforms the Senate adopted and adopt the same approach.Soybean Association Responds to House Farm Bill ProposalThe American Soybean Association supports a number of provisions in the draft Federal Agriculture Reform and Risk Management Act released Thursday. ASA President Steve Wellman – a Nebraska farmer – says the group supports the reauthorization and funding of important trade and market development programs, reauthorization of agricultural research programs and the focus within the conservation title on working-lands conservation and a gradual reduction of acres enrolled in the Conservation Reserve Program. ASA is also pleased that the House bill includes H.R. 872 – which would ensure farmers aren’t required to obtain duplicative permits for pesticide applications. When it comes to commodity policy – Wellman notes a key priority for ASA is ensuring policies don’t distort planting decisions. He says the group looks forward to working with the House to ensure soybeans are treated equitably and planting decisions would not be distorted by programs offered under the House bill.The farm bill proposed by House Agriculture Committee Chairman Frank Lucas and Ranking Member Collin Peterson would trim 35-billion dollars in spending from agriculture, conservation and nutrition programs over 10 years as compared to current law. Wellman says ASA knows the budget challenges facing the nation are serious. He says ASA is committed to a bill that bears agriculture’s fair share of deficit reduction responsibilities.Source: NAFB News Service
Follow the news on Ukraine Crédit : Hromadske Help by sharing this information to go further News RSF_en Reporters Without Borders (RSF) condemns an assault by Ukrainian police against a reporter who was filming an anti-lockdown protest in Kiev on 29 April and calls on the authorities to enforce the country’s legislation penalizing violence against journalists.”Either you take your camera or I break it,” a policeman was heard to say to reporter Bohdan Kutepov during his live coverage of the protest outside government headquarters for the web TV Hromadske. His coverage also included the act of physical aggression by the police officers.Although Kutepov was filming the crowd of demonstrators in their entirety from a nearby park, the police ordered him to leave and then pushed him to the ground, damaging some of his equipment.The National Bureau of Investigation (GBR), which “polices the police” in Ukraine, is investigating this incident as an “abuse of authority” under article 365-2 of the penal code. But there have been many other cases of threats and acts of aggression and intimidation against journalists since a public health emergency was declared in part of the country on 20 March.”It is unacceptable for the police to join in the wave of violence that Ukrainian journalists have suffered since the start of the public health crisis,” said Jeanne Cavelier, the head of RSF’s Eastern Europe and Central Asia desk. “This trend threatens the foundations of Ukrainian democracy and must be urgently reversed. The investigation that has been opened must be conducted with complete transparency, and the law providing for specific sanctions in cases of obstruction of journalists and threats and violence against them must be applied in an exemplary fashion.”The latest reported attack on the media took place on the evening of 1 May, when freelancer Nikita Knysh was physically attacked by a group of youths while covering respect for lockdown measures in the northeastern city of Kharkiv.Ukraine is ranked 96th out of 180 countries in RSF’s 2020 World Press Freedom Index. Organisation Crimean journalist “confesses” to spying for Ukraine on Russian TV Ukrainian media group harassed by broadcasting authority Receive email alerts Ukraine escalates “information war” by banning three pro-Kremlin media News News May 7, 2020 Ukrainian police attack reporter covering protest against Covid-19 lockdown UkraineEurope – Central Asia Condemning abuses Covid19ImpunityViolence News February 26, 2021 Find out more UkraineEurope – Central Asia Condemning abuses Covid19ImpunityViolence March 26, 2021 Find out more September 7, 2020 Find out more
Linkedin by Bernie [email protected] up for the weekly Limerick Post newsletter Sign Up TRAVEL disruption is on the horizon with the cabin crew branch of IMPACT trade union having served notice of industrial action on Aer Lingus.Workers will stage a 24-hour work stoppage on Friday, May 30 , starting at a minute after midnight. Cabin crew members will place pickets at Shannon, Cork and Dublin Shannon airports for the duration of the stoppage.IMPACT official Michael Landers said that cabin crew were ready to take immediate action because the company had failed to engage on the rostering issue for so long. “Cabin crew have sought to engage with the company on this issue on several occasions over several years but the company has simply refused to consider anything other than the erratic rostering patterns that have become the norm at the airline. It has resulted in an exhausted crew who feel now that the only option left to them is the option of last resort, which is a work stoppage. It’s regrettable that it has come to this, but the current arrangements are unsustainable.”Mr Landers said that the cabin crew branch is confident that alternative rosters could be implemented with no loss of productivity or at any extra cost to the airline.Currently, cabin crew can work up to 60 hours in a seven day period, resulting in shift patterns of six working days and one rest day, followed by six more working days.Mr Landers explained that cabin crew have sought a roster similar to those for pilots at the airline, of five work days followed by three rest days. Proceedures and appointments cancelled again at UHL Advertisement WhatsApp Print No vaccines in Limerick yet Surgeries and clinic cancellations extended First Irish death from Coronavirus NewsBreaking newsBusinessStrike action set to hit Shannon airportBy Bernie English – May 13, 2014 576 Previous articleContestants glam up for Miss Limerick pageantNext articleLimerick’s silent and shouted protest for Nigerian children Bernie Englishhttp://www.limerickpost.ieBernie English has been working as a journalist in national and local media for more than thirty years. She worked as a staff journalist with the Irish Press and Evening Press before moving to Clare. She has worked as a freelance for all of the national newspaper titles and a staff journalist in Limerick, helping to launch the Limerick edition of The Evening Echo. Bernie was involved in the launch of The Clare People where she was responsible for business and industry news. Walk in Covid testing available in Limerick from Saturday 10th April TAGSfeaturedLimerick Airport Shannon RELATED ARTICLESMORE FROM AUTHOR Facebook Twitter Email Shannondoc operating but only by appointment
ColumnsSushant Singh-Rhea Chakraborty Case : Did Single Bench Exceed Its Limited Jurisdiction U/s 406 CrPC By Ordering CBI Investigation? Ashok Kini29 Aug 2020 9:01 PMShare This – x”The single judge, in this case, after finding that he has no jurisdiction to transfer investigation under Section 406 from the Court in Patna to the Court in Mumbai, proceeded to hear and decide as to who should conduct the investigation”.Order VI Rule 1 of the Supreme Court Rules, 2013, provides that subject to the other provisions of these rules, every cause, appeal or matter shall be heard by a Bench consisting of not less than two Judges nominated by the Chief Justice. The following proviso has been inserted by Supreme Court (Amendment) Rules, 2019: “Provided that the following categories of matters may be heard and…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?LoginOrder VI Rule 1 of the Supreme Court Rules, 2013, provides that subject to the other provisions of these rules, every cause, appeal or matter shall be heard by a Bench consisting of not less than two Judges nominated by the Chief Justice. The following proviso has been inserted by Supreme Court (Amendment) Rules, 2019: “Provided that the following categories of matters may be heard and disposed of finally by a Judge sitting singly nominated by the Chief Justice:……..(ii) Applications for transfer of cases under Section 406 of the Code of Criminal Procedure, 1973 (2 of 1974) (iii) Application of urgent nature for transfer of cases under Section 25 of the Code of Civil Procedure, 1908 (5 of 1908)”. Thus a judge nominated by the Chief Justice of India invoking this (part of) proviso can only hear and dispose of Transfer petitions filed under Section 406 CrPC and Section 25 of the Code of Civil Procedure 1908. That is to say, this judge, sitting singly, cannot decide any other issue other than those mentioned in the proviso. These Rules are made invoking Article 145(3) of the Constitution of India which empowers the Court to fix the minimum number of Judges who are to sit for any purpose, and to provide for the powers of single Judges and Division Courts. Before Justice Hrishikesh Roy, the nominated single judge, was a petition under Section 406 CrPC filed by Rhea Chakraborty. She prayed for transfer of the FIR registered at the Rajeev Nagar Police Station, Patna and all consequential proceedings, from the jurisdiction of the Additional Chief Judicial Magistrate III, Patna Sadar, to the Additional Chief Metropolitan Magistrate, Bandra Mumbai. The judge first considered the issue (a) whether he has power to transfer investigation (not case or appeal) under Section 406 of the CrPC? Referring to the ratio in Ram Chander Singh Sagar and Anr. vs. State of Tamil Nadu, (1978) 2 SCC 35, the judge held that only cases and appeals (not investigation) can be transferred. In other words, the Judge held that he has no jurisdiction to transfer the investigation from Patna Court to Mumbai Court. It was appropriate to end the discussion there by dismissing the Transfer Petition as not maintainable. But the court proceeded to consider the rest of the issues framed by it: (b) Whether the proceeding under Section 174 CrPC conducted by the Mumbai Police to inquire into the unnatural death, can be termed as an investigation; (c) Whether it was within the jurisdiction of the Patna Police to register the FIR and commence investigation of the alleged incidents which took place in Mumbai? As a corollary, what is the status of the investigation by the CBI on the consent given by the Bihar government; and (d) What is the scope of the power of a single judge exercising jurisdiction under section 406 of the CrPC and whether this Court can issue direction for doing complete justice, in exercise of plenary power. Regarding issue (b), the Judge ‘declared’ that the inquiry conducted under Section 174 CrPC by the Mumbai police is limited for a definite purpose but is not an investigation of a crime under Section 157 of the CrPC. On issue (c), the Court ‘held’ that the Patna police committed no illegality in registering the Complaint. It also held that the Bihar government was competent to give consent for entrustment of investigation to the CBI and as such the ongoing investigation by the CBI is held to be lawful. Though the issue on the scope of the power of a single judge exercising jurisdiction under section 406 of the CrPC, is seen framed as issue (d), it is not discussed anywhere in the judgment. The last mention about Section 406 is made while answering the first issue (a). After answering issue (c), the Court proceeded to observe that Mumbai police also possess the jurisdiction to undertake investigation. It notes that, in future, if commission of cognizable offence under section 175(2) CrPC is determined, the possibility of parallel investigation by the Mumbai Police cannot be ruled out. “Therefore, it would be appropriate to decide at this stage itself as to who should conduct the investigation on all the attending circumstances relating to the death of the actor Sushant Singh Rajput. This issue becomes relevant only if another FIR is registered on the same issue, at Mumbai. A decision by this Court on the point would confer legitimacy to the investigation.”, the Court observed thus. As referred above, the Supreme Court Rules are very clear when it says that a single judge can only hear and decide the matters for which he/she is nominated by the Chief Justice of India. Every other matter ought to be heard by a Division Bench. But interestingly, the single judge, in this case, after finding that he has no jurisdiction to transfer investigation under Section 406 from the Court in Patna to the Court in Mumbai, proceeded to hear and decide as to who should conduct the investigation. Conferring legitimacy to the investigation which is underway is not the purpose of Section 406 CrPC. In my humble view, Single Bench of the Apex Court had no jurisdiction to entertain a petition except for transfer of cases and appeals under Section 406.Invocation of Article 142 It is by invoking Article 32 of the Constitution that the Supreme Court transfers an investigation to the CBI. It has been held that the High Court can, in appropriate cases, invoke Article 226 to order CBI investigation. The Supreme Court, exercising its appellate jurisdiction, has also ordered CBI investigations. All these have been done by Division Benches because they possessed the power to do so by virtue of Supreme Court Rules. But single bench chose to exercise his Article 142 power to decide something that was not assigned to it by roster. In State of Punjab and others vs. Bakshish Singh (1998) 8 SCC 222), it was observed that Article 142, even with the width of its amplitude, cannot be used to build a new edifice where none existed earlier, by ignoring express statutory provisions dealing with a subject and thereby achieve something indirectly which cannot be achieved directly. Article 142 empowers the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. Here, in this case, the Supreme Court’s single bench was exercising Section 406 CrPC jurisdiction and Article 142 can be invoked in the exercise of that jurisdiction and nothing else. Here the ’cause or matter’ pending before it was not about the choice of investigating agency, but whether the case should be transferred from the Court in Patna to the Court in Mumbai. Legitimizing Investigations Held Without Jurisdiction As per Section 156 CrPC, a police officer can investigate any cognizable case which a court having jurisdiction over the local area within the limits of such police station would have power to enquire into or try under the provisions of Chapter XIII. Sub- section (2) further provides that no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered to investigate. It is also settled law that, if the investigating officer arrives at the conclusion that the crime was not committed within the territorial jurisdiction of the police station, then FIR can be forwarded to the police station having jurisdiction over the area in which the crime is committed.In this case, the death of Sushant Singh Rajput happened in Mumbai. Deceased’s father filed FIR in Patna. It is true that the investigation started by Patna Police ought not to be interfered with at this stage. But the question here is whether the Supreme Court should have preempted the investigation at the place of occurrence i.e. Mumbai? What the Supreme Court essentially did was it stopped the police which had natural jurisdiction from proceeding with the case and upheld the CBI investigation rooted in an FIR lodged in Patna. This would set a bad precedent and may help the trend of people lodging FIR at places where political environment is suitable.Ordering CBI investigationIn this case, the Court ordered CBI investigation to ensure public confidence in the investigation and to do complete justice in the matter. It said that the same would also ensure “public confidence”, as speculations have been floating around and they can be put to rest with an impartial investigation into the late actor’s death and would result in dissemination of the “real facts through unbiased investigation”. The court also noted that ‘both states are making acrimonious allegations of political interference against each other, the legitimacy of the investigation has come under a cloud.’It is only necessary to quote the following observations made in a Constitution Bench judgment in this regard. “We deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these Constitutional powers. The very plenitude of the power under the said Articles requires great caution in its exercise. In so far as the question of issuing a direction to the CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extra-ordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise the CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory.” [State of West Bengal and Ors. vs. Committee of Protection of Democratic Rights, West Bengal and Ors. reported in (2010) 3 SCC 57] So, ordering CBI inquiry merely on the basis of allegations against the investigating agency, without recording any dissatisfaction with respect to the course of the investigation (the SC judgment, in fact, states that there was nothing on record to show any wrongdoing by the Mumbai Police so far), is against settled precedents. In my view, the Supreme Court should have just dismissed the Transfer Petition as not maintainable and should not have dwelt into other issues since it had no relevance after it found that it has no jurisdiction to decide the Transfer petition itself.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
ColumnsThe Conundrum Of Preferential Treatment Within Scheduled Castes Manwendra Kumar Tiwari1 Sep 2020 10:22 PMShare This – xOn 27 August 2020, in the case of State of Punjab v. Davinder Singh, a Constitution bench of five judges of the Supreme Court of India referred the question of preferential treatment by the States, among Scheduled Castes (SC) of few castes within Scheduled Caste for the purposes of reservation, to a larger bench of seven or more judges for deciding the constitutionality of the issue….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?LoginOn 27 August 2020, in the case of State of Punjab v. Davinder Singh, a Constitution bench of five judges of the Supreme Court of India referred the question of preferential treatment by the States, among Scheduled Castes (SC) of few castes within Scheduled Caste for the purposes of reservation, to a larger bench of seven or more judges for deciding the constitutionality of the issue. The bench unanimously was of this view that giving preference to most backward castes among SCs is a legitimate means of ensuring that the benefit of reservation trickles down to the last person standing in the social ladder. A Constitution bench of five judges of the Supreme Court in E. V. Chinnaiah v. State of Andhra Pradesh (2005) had declared any classification within SCs for the purposes of reservation to be unconstitutional, as the court held it to be tinkering with the Presidential List under Article 341 of the Constitution, which accords to the President of India the right to include caste, races or tribes within the list of SC. The Supreme Court in Davinder Singh held it to be an erroneous understanding of the constitutional position. Reservation in public employments in India has always been contentious for allegedly ignoring ‘merit’ and promoting caste divisions and consequently making caste identities stronger. Along with this central question which has been settled by the legislature and courts in India justifying caste as a relevant tool for identifying social backwardness for reservation in public employment, there are other sub-issues also with which the legislatures and the judiciary in India still continues to grapple. The preferential treatment among SCs of few castes within Scheduled Caste is one such contentious issue. Preferential treatment among other backward classes (OBC) of non-creamy layer is also a settled issue whereby the creamy layer among the OBCs have been excluded from the purview of reservation. Reservations are considered to be the means of social upliftment for the socially marginalized classes in the Indian society. However, since reservation results in the immediate economic upliftment of the beneficiaries, it ostensibly appears to be a policy of economic upliftment as well. Further, the bringing of creamy layer idea for excluding economically affluent among the OBCs also muddles the argument of reservation being a tool for social upliftment only and not economic upliftment. Prof Ashwini Deshpande a leading public intellectual who has written extensively on the issue of reservation, in an interview to the Hindu (13 December, 2019) has said that reservation is not an anti-poverty programme. According to him the social reality in which Dalits in India live, is far removed from that of OBCs. In case of OBCs, the social backwardness is primarily due to economic backwardness and therefore once a certain economic threshold is attained, the social discrimination is largely not there. In Dalits however, the economic affluence does not lead to overcoming the barriers of social discrimination. Prof Sukhdeo Thorat, former Chairperson of UGC, in the same interview to the Hindu, also argued that the policy of reservation is against discrimination and therefore, it is not for economic considerations. He cites the example of reservation for women, by saying that women while arguing for reservation do not argue for the exclusion of women who are economically better-off. It is because they have been discriminated based on gender, poor or non-poor. The issue of exclusion of economically better-off among SC is therefore not same as exclusion of economically better-off among OBCs. The understanding is that SC is a homogenous group and therefore finding more backward castes within SC for preferential treatment over other not so backward castes is an incorrect and flawed exercise. The argument of exclusion of better-off among Scheduled Castes in India presently operates in two contexts, one wherein, the legislature of a State gives preferential treatment by law to certain castes among SCs over other castes within SC based on some empirical data. People from these castes in general have been found to be lagging behind the social ladder by not being able to be the beneficiary of reservation owing to the opportunities not trickling down to them. The other issue is that of excluding all the economically better-off among SCs by bringing the creamy layer doctrine to SCs as well. In this approach, there will not be any exclusion within SC based on caste, as the parameter is purely individualistic and economic, whereas in the first context, a person not belonging to creamy layer may also be excluded from the preferential treatment, if her caste has been found to be among the beneficiary of reservation, as a group. The Supreme Court in Davinder Singh, however, erroneously declared the preferential treatment of most backward castes over other castes within SCs to be “in substance an application of the principle of creamy layer.” Apart from the argument of Supreme Court and State legislatures in India confusing reservations to be a means of economic upliftment for SCs, the other apparent problem has been the inconsistency pertaining to the argument of institutional propriety emanating from respect for the past decisions of the Supreme Court, while dealing with this issue. The five judge bench in Davinder Singh while referring the issue to a larger bench of seven or more judges for reconsideration, noted that since E. V. Chinnaiah judgment was also delivered by a five judge bench, it cannot overrule E. V. Chinnaiah. The Court in Davinder Singh found the judgment in E. V. Chinnaiah to be contrary to the judgment of nine judge bench of the Supreme Court in Indra Sawhney v. Union of India (1992), yet rightly respecting the institutional propriety, it decided that being a five judge bench, it cannot overrule another judgment of the Court given in E. V. Chinnaiah, which was also delivered by a five judge bench. In September 2018, the five judge Constitution bench of the Supreme Court in Jarnail Singh v. Lachhmi Narain Gupta, while faced with the question of whether to refer a five judge Constitution bench verdict of the Supreme Court delivered in M. Nagaraj v. Union of India (2006) to a larger bench, decided to overrule it itself, without referring the contentious issue to a larger bench. The Court in Jarnail Singh did so on the pretext that the judgment of the Court in M. Nagaraj was contrary to the judgment of nine judge bench of the Supreme Court in Indra Sawhney v. Union of India (1992). The irony could not have been so evident in the approaches adopted by the Supreme Court in Jarnail Singh and Davinder Singh. The question before the Supreme Court in Jarnail Singh was the correctness of the decision in M. Nagaraj, where the Supreme Court had held that if any State wishes to give reservation in promotion to SCs or Scheduled Tribes (STs), it must do so after collecting quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment. It had further added that the reservation in promotion must also ensure that the efficiency in administration is not affected as per the mandate of Article 335 of the Constitution of India. The Supreme Court in Jarnail Singh held this to be an erroneous reading of the judgment of the Court delivered in Indra Sawhney. Interestingly though, from nowhere, the Supreme Court introduced the creamy layer principle in the reservation in promotion to SC/ST and therefore held that reservation in promotion cannot be accorded to creamy layer among SCs/STs. The Court in Jarnail Singh noted that if creamy layer in SCs and STs bag all the coveted jobs leaving the most backward among them at the same place where they were, reservation will become a tool for self-perpetuation for the creamy layers among the SCs/STs. The Court in Jarnail Singh also held that, applying creamy layer to SC/ST does not tinker with the Presidential list under Articles 341 and 342 of the Constitution. Interestingly, though the Court in Jarnail Singh, held E. V. Chinnaiah to be unrelated to what it was adjudicating upon. Such inconsistencies apart in the application of the doctrine of judicial precedent, the jurisprudence on the question of preferential treatment by the States, among SCs of few castes within SC for the purposes of reservation, appears to be completely muddled. The Supreme Court must take judicial notice of the fact that despite this alleged argument of creamy layer among SCs not allowing the benefits of reservation to trickle down to most backwards among SCs, why do we have so many reserve posts in the Government jobs meant for SCs/STs, remaining vacant. Hopefully, the seven judge bench to which the matter has now been referred would take a holistic view and even examine the correctness of M. Nagaraj and Jarnail Singh, apart from reviewing E. V. Chinnaiah.Views are personal only.(Author is an Associate Professor at Dharmashastra National Law University, Jabalpur) Next Story
News UpdatesNLU Consortium Welcomes NLAT Judgemnt , “Will Implement The Judgemnt In Letter And Spirit” Says NLSIU LIVELAW NEWS NETWORK21 Sep 2020 9:43 AMShare This – xIn the backdrop of the Supreme Court’s verdict directing NLSIU, Bengaluru to admit students based on CLAT results, the NLU Consortium has expressed hope that the University will continue to play meaningful role in strengthening the Consortium. Following the dispute over conducting a separate entrance exam by NLSIU, the Consortium had decided to shift its Secretariat from Bangalore to…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?LoginIn the backdrop of the Supreme Court’s verdict directing NLSIU, Bengaluru to admit students based on CLAT results, the NLU Consortium has expressed hope that the University will continue to play meaningful role in strengthening the Consortium. Following the dispute over conducting a separate entrance exam by NLSIU, the Consortium had decided to shift its Secretariat from Bangalore to the NALSAR University of Law, Hyderabad. However, the Consortium has now intimated that its office has not yet been transferred to NALSAR, Hyderabad and it is hoped that “bygone will treated as bygone and NLSIU will continue to play meaningful role in strengthening the Consortium”.SC Quashes NLSIU’s Decision To Hold NLAT; Directs It To Admit Students Based On CLAT “NLSIU being the oldest National Law University has the special responsibility of mentoring and helping other NLUs though in terms of legal status all National Law Universities have an equal status,” the Consortium has said. It has also clarified that Prof Sudhir was never removed from his post of Secretary- Treasurer but was merely asked not to discharge his duties temporarily due to the conflict of interests between CLAT to be conducted by Consortium and NLAT conducted by the NLSIU. With the exam date approaching soon (on 28th September), the Consortium has assured that it is “fully prepared” to conduct CLAT and that NLSIU is an “integral part” of the same. NLSIU has also issued a statement, assuring that it will implement the Supreme Court’s order “in letter and spirit”. The press note further states: “The University, In consultation with its Governing Bodies. will take necessary steps to welcome a new batch of students to experience NLSIU’s unique and transformative educational experience. Ata Faculty Meeting held earlier today, the Faculty resolved that the University will do everything possible to respect its founding commitment to a Trimester based Academic Calendar and maintain the highest academic rigour and standards. These intense teaching and learning practices make NILSIU India’s best Law School.”NLSIU has also assured that that they will initiate the refund of money (after deducting Rs.75 as processing charges) and the Students will receive it in 9-14 working days.SC Order The Consortium expressed its “increased faith” in the Indian Judicial system, as the Top Court recognised the NLU Consortium as the appropriate body to conduct admission test for the member national law universities including NLSIU. It said, “We have been arguing that CLAT as a test was conceived due to the Supreme Court’s intervention in 2006-2007. NLSIU has been denying it by asserting that there was no judicial order. Today our stand got vindicated as Supreme Court had included this point in its judgment. The Court has also mentioned the litigation of 2018 and subsequent meetings at MHRD, Government of India along with BCI and Vice-Chancellors of National Law Universities leading to the registration of the Consortium in 2019 at Bangalore. Now Supreme Court has discussed Consortium Bye-laws at length and has said relying on its earlier judgments that conducting admission test for several universities is in national interest and a student friendly initiative. The court has rejected the argument of consortium being a private body and acknowledged that it consists of statutory universities which had come together in larger public interest to improve legal education and conduct CLAT. Similarly NLSIU’s justification of Zero year has been rejected and the court has accepted our argument that there are several ways in which academic calendar can be suitably modified.”Next Story