DSPE Act Provision Requiring States’ Consent For CBI Investigation Is In Tune With Federal Character Of Constitution: Supreme Court

first_imgTop StoriesDSPE Act Provision Requiring States’ Consent For CBI Investigation Is In Tune With Federal Character Of Constitution: Supreme Court LIVELAW NEWS NETWORK17 Nov 2020 8:33 AMShare This – xThe Supreme Court has observed that the provision in Delhi Special Police Establishment Act, which requires the consent of State Government for CBI to exercise of powers and jurisdiction, are in tune with the federal character of the Constitution.”Though Section 5 enables the Central Government to extend the powers and jurisdiction of Members of the DSPE beyond the Union Territories to a…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 Supreme Court has observed that the provision in Delhi Special Police Establishment Act, which requires the consent of State Government for CBI to exercise of powers and jurisdiction, are in tune with the federal character of the Constitution.”Though Section 5 enables the Central Government to extend the powers and jurisdiction of Members of the DSPE beyond the Union Territories to a State, the same is not permissible unless, a State grants its consent for such an extension within the area of State concerned under Section 6 of the DSPE Act. Obviously, the provisions are in tune with the federal character of the Constitution, which has been held to be one of the basic structures of the Constitution.”, the bench comprising Justices AM Khanwilkar and BR Gavai observed in a judgment delivered on Tuesday (11 Nov 2020).The CBI, in this case, had registered crime against Fertico Marketing and Investment Private Limited and others alleging that the coal purchased under the FSA was sold in the black market. Later, it was found that the officials of District Industries Centre were also involved. The High Court dismissed their petition observing that the State Government had granted Post-Facto consent against the two public servants of the State Government whose names had figured during the course of investigation. It was held that the Post-Facto consent was sufficient for investigation by the CBI for the offences against the two public servants, whose names though did not find place in the FIR but were found in charge-sheet.The contention raised in this case by the accused-appellant was that, in the absence of the consent of the State Government under Section 6 of the DSPE Act, the DSPE (CBI) had no powers to conduct investigation in view of the provisions contained in Section 6 of the DSPE Act. It was further contended that the failure in obtaining the consent prior to registration of the FIR would go to the root of the matter and vitiate the entire investigation. On the other hand, the state contended that the prior consent under Section 6 of the DSPE Act is not mandatory but directory. While considering these contentions, the Court noted that the State of Uttar Pradesh has accorded a general consent for extension of powers and jurisdiction of the Members of DSPE, in the whole of State of Uttar Pradesh for investigation of offences under the Prevention of Corruption Act, 1988 and attempts, abetments and conspiracies in relation to all or any of the offence or offences committed in the course of the transaction and arising out of the same facts. The same is however with a rider, that no such investigation shall be taken up in cases relating to the public servants, under the control of the State Government, except with prior permission of the State Government, the bench noted. The court also noted that a Post-Facto consent was given by the State Government vide notification under Section 6 of the DSPE Act to the authorities to investigate the public servants-accused.”The cognizance and the trial cannot be set aside unless the illegality in the investigation can be shown to have brought about miscarriage of justice. It has been held, that the illegality may have a bearing on the question of prejudice or miscarriage of justice but the invalidity of the investigation has no relation to the competence of the court…..Even for the sake of argument that CBI had committed an error or irregularity in submitting the charge-sheet without the approval of CVC, the cognizance taken by the learned Special Judge on the basis of such a charge-sheet, would not be set aside nor could further proceedings in pursuance thereof be quashed.”While upholding the High Court view, the bench observed that there are no pleadings by the public servants with regard to the prejudice caused to them on account of non-obtaining of prior consent under Section 6 of the DSPE Act qua them specifically in addition to the general consent in force, nor with regard to miscarriage of justice. However, taking note of the fact that the High Court has not answered some of the issues framed by it, the bench remitted the case back to it for considering the said issues.CASE: FERTICO MARKETING AND INVESTMENT PVT. LTD. vs. CENTRAL BUREAU OF INVESTIGATION [CRIMINAL APPEAL NOS. 760- 764 OF 2020] CORAM: Justices AM Khanwilkar and BR GavaiCOUNSEL: Sr. Adv Mukul Rohatgi,Sr. Adv Ajit Kumar Sinha, ASG S.V. Raju Click here to Read/Download JudgmentRead JudgmentSubscribe 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

Harvey Weinstein’s ex-lawyer loses position at Harvard despite bowing out of case

first_imgiStock/travelview(BOSTON) — In response to an uproar on campus, Harvard University decided this weekend to remove law professor Ron Sullivan from a dean’s post after Sullivan had signed on as a member of the team defending disgraced movie producer Harvey Weinstein. Ironically, Harvard’s decision comes just a day after Sullivan told the Manhattan judge overseeing Weinstein’s case that Sullivan would, in fact, be leaving the defense team.Sullivan’s notice to the court is due to be made public Monday.The lawyer and his wife, Stephanie Robinson, who also works at the school, will not be renewed as deans at Harvard’s Winthrop House once their terms expire next month.Sullivan’s decision has no impact on Jose Baez, the noted criminal lawyer now leading Weinstein’s defense, or the rest of the team. Sullivan is a noted expert on criminal law and criminal procedure and is director of the Harvard Criminal Justice Institute.Weinstein spokesman Juda Engelmayer told ABC News Saturday evening that Weinstein “is extremely grateful to Ronald Sullivan for his work with him until now, and for Ron’s offer to advise where he can going forward.”“Mr. Sullivan believed that Mr. Weinstein deserved a vigorous defense, and it is a sad moment for us all right now,” Engelmayer said. “We, as a country, have now reached the point when a Harvard lawyer and professor cannot serve his duty to, and belief in, the law and defend a person who may be deemed unpopular or unworthy of a legal defense by segments of the public.”The Harvard Crimson, the college’s newspaper, was the first to report on Sullivan’s exit.The Harvard Black Law Students Association supported Sullivan’s decision to represent Weinstein, saying in a statement released March 31, “HBLSA finds it important that we speak to the controversy and make the ask of Harvard University to both unequivocally support survivors of sexual violence and to do so in a way that does not scapegoat Professor Sullivan for the University’s failings to address sexual violence on campus.”Weinstein is due to go on trial in September on charges of rape and sexual assault. He was arrested nearly a year ago and is out on bail.He is set to go on trial on accusations made by two women in New York, but has been accused of improper conduct by dozens of other women over decades.Weinstein, 66, has been investigated by the New York City Police Department, the Manhattan District Attorney’s Office, the New York Attorney General’s Office, the Los Angeles Police Department and U.K. authorities.He has denied all allegations of nonconsensual sex.Copyright © 2019, ABC Radio. All rights reserved.last_img read more

Trump’s travel ban targets Nigeria, 5 other countries

first_imgUnited States (US) President Donald Trump delivers remarks at the White House Summit on Human Trafficking in Washington, US, on Jan. 31. REUTERS/LEAH MILLIS WASHINGTON – United States PresidentDonald Trump issued an expanded version of his travel ban on Friday thattargets prospective immigrants from Nigeria and five other countries. The new travel ban will take effect onFeb. 21, according to the proclamation.(Reuters) Acting Homeland Security secretaryChad Wolf said the six countries failed to meet US security andinformation-sharing standards, which necessitated the new restrictions.  Temporary visas for tourists, businesspeople,students and workers from those nations will not be affected, it added. The original travel ban barred nearlyall immigrants and travelers from seven countries with majority Muslimpopulations. The US will suspend the issuance ofvisas that can lead to permanent residency for nationals of Eritrea,Kyrgyzstan, Myanmar, and Nigeria, a presidential proclamation said. last_img read more

Ireland signs new Stoke deal

first_img Ireland has revived his career at the Britannia Stadium after joining the Potters on a loan deal from Aston Villa at the start of the season. Stoke made the move permanent during the January transfer window and have now tied down the 27-year-old until the end of the 2016-17 season. Midfielder Stephen Ireland has signed a three-year contract to remain at Stoke. “We’re delighted that Stephen has committed himself to us. He’s an outstanding player; I think we’ve seen that in the time that he’s been with us,” he said. “He’s someone I’ve worked with before and that will help Stephen because he enjoys working in a stable environment where he knows people. I think that gets the best out of him and we’ll reap the benefits of that and I think the next few years will be great for him. “He’s still a young man and we’re arguably getting him at a time in his career when he should be at the peak of his powers. I think it’s a great opportunity both for Stephen and the club.” Ireland had no hesitation in signing the deal after admitting his career has been rekindled by the move. The midfielder has made 27 league and cup appearances this term and has started to rediscover the form that first brought him to attention under Potters boss Mark Hughes at Manchester City. “It’s important for every player to feel wanted and to be a part of a family and to be honest I haven’t had that for a long, long time,” he told www.stokecityfc.com. “Thankfully I have felt that warmth here at Stoke and truth be told I couldn’t really be in a better place than I am at the moment. “For that, I have to thank the gaffer immensely because he is the main reason why I came here in the first instance, and of course, he is a big factor in why I am delighted to agree this new deal now. “I have also been able to build a good relationship with the supporters too, and that is very warming to me, because it has been a long time since I have felt loved at a football club.” Ireland also thanked Hughes, adding: “I wouldn’t have been able to enjoy my football again like I have done if the manager hadn’t have brought me here in the first place, so of course, I am incredibly grateful to him and the club for doing that.” Hughes believes Stoke will see the best of Ireland over the next few years. Press Associationlast_img read more

Ronaldinho barred from receiving visitors in jail

first_imgRio de Janeiro: Brazilian football great Ronaldinho will no longer receive visits at the Paraguayan jail where he is being held as local authorities attempt to combat the coronavirus outbreak. Ronaldinho and his brother, Roberto Assis, have been imprisoned since March 6 for allegedly using fake passports to enter the South American country.It is reported that Paraguayan officials have ordered that the prison on the outskirts of capital Asuncion tighten protocols to prevent the spread of the virus. In addition to barring all visitors except lawyers, jail staff have been ordered to wear protective gloves and masks while all prisoners must undergo a daily health check, a Globo Esporte news portal report said.Ronaldinho and Assis travelled to Paraguay on March 4 to participate in a children’s charity event and promote a new book. The pair were arrested later that day when police realised they had entered the country with fake passports. They have denied any wrongdoing and said they were presented with the doctored travel documents as a “gift” upon arriving at Asuncion’s international airport.A judge refused the brothers’ request for house arrest and ordered them to remain in jail pending the police investigation, citing a flight risk.Ronaldinho retired from football in 2018 after a career that included a World Cup triumph in 2002 and two FIFA World Player of the Year awards. IANSAlso Read: Brazilian football Ronaldinho ordered to remain in Paraguayan jailAlso Watch: Coronavirus update: Buddhist Monastery in Naharkatika take extra prevention measureslast_img read more