“Fighting Like a Gang War By the State Is Not Permissible in a Democratic Civil Society”: Petitioner In Vikas Dubey Encounter Case Files Rejoinder In SC

first_imgTop Stories”Fighting Like a Gang War By the State Is Not Permissible in a Democratic Civil Society”: Petitioner In Vikas Dubey Encounter Case Files Rejoinder In SC Radhika Roy18 July 2020 9:50 PMShare This – xIn a Rejoinder Affidavit filed in response to the Reply of the State of Uttar Pradesh in the plea seeking for an investigation into the alleged encounter of Vikas Dubey, the Petitioner has submitted that there exists no law which justifies the killing of even a hardened criminal in the custody of a law enforcement agency. Invoking the Nuremberg Trials which had been conducted…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 a Rejoinder Affidavit filed in response to the Reply of the State of Uttar Pradesh in the plea seeking for an investigation into the alleged encounter of Vikas Dubey, the Petitioner has submitted that there exists no law which justifies the killing of even a hardened criminal in the custody of a law enforcement agency. Invoking the Nuremberg Trials which had been conducted post the Second World War to try war crimes conducted for crimes against peace, war crimes, and crimes against humanity, the Rejoinder, filed by Petitioner-in-Person Anoop Prakash Awasthi, avers that “Rule of Law is the moral fabric of a just and equitable society and Rule of law is further the ethical code for the exercise of public power in any country, including our country”, thereby outlawing extrajudicial killing. The Rejoinder also refers to the Hyderabad Encounter case wherein Chief Justice of India Bobde had commented, “justice can never be instant and loses its character when it becomes revenge”. With reference to the instant case, it states that there is “no justification in killing a person in custody by staging an almost identical film story each time”. In light of the above, the Rejoinder submits that there are illegalities in the appointment of a single member Judicial Inquiry Commission, by the State of Uttar Pradesh, as, firstly, it has not been done in accordance with Section 3 of the Commission of Inquiry Act, 1952, which mandates passing of a Resolution by each House of the State, followed by a Gazette Notification. Secondly, it is stated that the Governor of any State could have appointed the requisite Commission by issuing an Ordinance under Article 213 of the Constitution of India. However, the same was not done and therefore, the constitution of the instant Commission is without a statutory peg. Thirdly, the Rejoinder posits that the proposed head of the Inquiry Commission, Justice Shashi Kant Agarwal, has been incorrectly referred to as a retired judge of the Allahabad High Court because he is not ‘retired’ as he had “resigned from the position of Judge of High Court of Allahabad upon his transfer from said court ot the High Court of Jharkhand on January 5, 2005, under controversial circumstances”. Fourthly, as per the judgement rendered in the case of Ram Krishna Dalmia v. Justice SR Tendolkar, the Inquiry Commission is “merely a fact-finding body appointed by the government for its information” and “the findings of a Judicial Inquiry Commission are not binding upon the appointing authority and it can as well be rejected by the government of the State of UP”. Further, even if accepted, the government may opt to not take any action. The Rejoinder also raises issues with the appointment of the Special Investigative Team, commencing with, as per media reports, the appointment of J. Ravinder Gaur (IPS), Deputy Inspector General of Police, who is allegedly an accused in a 2007 fake encounter case. “It is submitted that if said committee is permitted to continue the investigation, the entire process will suffer from an institutional bias”, submits Awasthi. Averring that appointment of such a Special Team comprising of Kanpur Police is a conflict of principle of natural justice, the Rejoinder states: “…the issue at hand is not that of an ordinary crime against society, but a crime against a law enforcement agency at the initial stage and then at later stage, it has become a case of alleged crimes of fake encounters done by the law enforcement agency in which the entire system of Kanpur Police is somehow involved either as victim or accused or aggressor and hence, any investigation by them is likely to suffer from personal bias and same would be in conflict with the legal maxim ‘Audi Alteram Partem’ or rule against fairness at the time of investigation.” The Rejoinder further refers to an India TV footage of 9th July which apparently predicted that Dubey would be killed. As the prediction came true, it has been submitted that “it is safe to presume that orders of the encounter came from the top level of the government of Uttar Pradesh” and therefore, there is reasonable risk of institutional bias that could be present during the investigation and thus, Supreme Court needs to appoint a central agency like CBI or NIA. The Rejoinder, while agreeing that the killing of police personnel is a grave crime, states that the same requires to be “judicially redressed in a legal way and not by revenge or instant justice in staged encounters”. “…while fighting a lawless, the state cannot go to the extent of becoming lawless. Fighting almost like a gang war by the State is not permissible in a democratic civil society. I state that law enforcement agencies have to enforce the rule of law in legal way and not otherwise”. On July 14, a Supreme Court Bench comprising of Chief Justice of India SA Bobde, and Justices R. Subhash Reddy and AS Bopanna had granted time to Solicitor-General Tushar Mehta, appearing on behalf of State of UP, to file a Reply in the instant plea, as well as another plea seeking for investigation in the alleged encounter of Dubey’s five co-accused. The Reply was filed on 17th July, with the State of UP contending that the encounter of Dubey was not manufactured, but real, as Dubey’s intention had been to flee and kill the policemen who were guarding him. It was also submitted that the State had constituted a Judicial Inquiry Commission to inquire into the alleged collusion of the accused and his associates, with the police as well as politicians. The matter is now listed on July 20 for further consideration.Click Here To Download Petition[Read Petition] 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

Pressure on Eir to improve landline services in West Donegal

first_img Previous articleMain Evening News, Sport and Obituaries Thursday June 6thNext articleRonan Doherty signs with Cliftonville News Highland A Glenties area councillor is calling on people to put pressure on Eir and on the government to improve landline services in West Donegal, and specifically, in the vicinity of Dunlewey.Cllr Michael Cholm Mac Giolla Easbuig says the service is unreliable, and outages are common.He’s particularly concerned about panic buttons which elderly people living alone have which can summon help in the event that it is needed.Cllr Mac Giolla Easbuig has spoken with one woman in particular whose button is linked to her landline, but she can’t have confidence that it will work:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2019/06/michfgdfgdfgdfgeirweb.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. By News Highland – June 7, 2019 Twitter Google+ Twitter Google+ WhatsApp Pinterest Facebook Pressure on Eir to improve landline services in West Donegal RELATED ARTICLESMORE FROM AUTHORcenter_img Pinterest WhatsApp DL Debate – 24/05/21 AudioHomepage BannerNews Facebook News, Sport and Obituaries on Monday May 24th Derry draw with Pats: Higgins & Thomson Reaction FT Report: Derry City 2 St Pats 2 Important message for people attending LUH’s INR clinic Arranmore progress and potential flagged as population growslast_img read more

Record-setting warm temperatures expected this weekend in Indiana

first_img WhatsApp Facebook By Jon Zimney – November 6, 2020 0 190 Record-setting warm temperatures expected this weekend in Indiana (Jon Zimney/95.3 MNC) There could be record-setting warm temperatures this weekend across Indiana, according to the National Weather Service.Highs will be in the low to mid-70s. The temperatures won’t be much different across the rest of the state.“That’s close to records. Right now the record for Saturday and Sunday is 76. That Saturday record dates back to 1915. The Sunday record dates back to 1999,” said Joe Skowronek, meteorologist with the National Weather Service. “It looks like it will be a very nice weekend for November overall. Warm temperatures, sunny skies, and fairly light winds.”Skowronek says drought conditions are improving.“We still have some abnormally dry conditions across much of western Indiana, but the rain is helping,” said Skowronek.Much of the state is drought-free, but there are still some spots that are under a moderate drought, according to the U.S. Drought Monitor. Skowronek says more rain is likely on the way next week.“By the middle of the next week, a cold front is coming in, so there might be some showers and thunderstorms with that. Once that passes by Thursday, we should see highs in the 50s,” said Skowronek.Skowronek says there is a small chance that some of those rain showers could become “strong with gusty winds.”Your ABC 57 First Warning Neighborhood Weather Center Forecast:Saturday: Sunny. High 72.Sunday: Mostly sunny. High 74. Pinterest Facebook Twitter IndianaLocalNews Twitter Pinterest Google+ Google+ WhatsApp Previous articleWarsaw man arrested for child pornography possessionNext articleIndiana Department of Revenue warning of tax email/text scam Jon ZimneyJon Zimney is the News and Programming Director for News/Talk 95.3 Michiana’s News Channel and host of the Fries With That podcast. Follow him on Twitter @jzimney.last_img read more

Extending your disaster recovery plan beyond a battery powered radio

first_imgThis week at CUNA’s Governmental Affairs Conference, Ted Koppel was a keynote speaker, discussing his latest book “Lights Out: A Cyberattack, A Nation Unprepared, Surviving the Aftermath.” It was a fitting discussion for credit union executives given not only the importance of disaster preparedness within our industry, but the major importance of banking and finance to our country’s survival.Imagine a blackout lasting not days, but weeks or months. Tens of millions of people over several states are affected. For those without access to a generator, there is no running water, no sewage, no refrigeration or light. Food and medical supplies are dwindling. Devices we rely on have gone dark. Banks no longer function, looting is widespread, and law and order are being tested as never before.It isn’t just a scenario. A well-designed attack on just one of the nation’s three electric power grids could cripple much of our infrastructure—and in the age of cyberwarfare, a laptop has become the only necessary weapon…And yet, as Koppel makes clear, the federal government, while well prepared for natural disasters, has no plan for the aftermath of an attack on the power grid. The current Secretary of Homeland Security suggests keeping a battery-powered radio.Can you imagine a discussion with your examiner about your disaster recovery plan where you point out that you are prepared while holding up your transistor radio? continue reading » 5SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

Banking brands view surging wearables and wonder: Time to jump in?

first_img ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr For early morning surfers at Sydney’s Bondi Beach who get a little hungry, there’s no need to dig through their duds looking for a wallet or a phone. If they’re customers of Westpac Bank they can just stroll up to the nearest vendor in their wetsuit, buy some grub and pay by tapping a wristband on the POS terminal.The wristband is one of several items in the Australian bank’s PayWear product linethat include near-field-communication (NFC) chips that link to whichever account at the bank the customer chooses. The wearable products include several fashion accessories from designer Hayden Cox, one of which is a waterproof, battery-free patch that can be attached to a hat or sleeve. As described on the bank’s website, “The Centsitive Patch is a discreet ‘out-of-sight’ wearable option. … Add it to the inner sleeve of your ski or music festival jacket and simply reach to tap and pay with it.”Across the globe in northern Europe, Nordea Bank customers will soon be able to make contactless payments using watch bracelets made by the Nordic design brands Triwa and Ur & Penn. Using a Mastercard platform and technology from Fidesmo, which uses a system of card tokenization, the Finnish-based bank plans is to add “jewelry and other gadgets” to the lineup of wearables consumers can use to make payments, including sports bands and smart watches.“While at the moment it’s fair to describe Fidesmo as a niche offering,” says Juha Risikko, Head of Mobile Commerce at Nordea, “… we believe that payments will be integrated into various types of devices in the future and the combined impact of supporting multiple cases will have a big impact on our customer value proposition.” This is only just the beginning, the Nordea executive concludes. continue reading »last_img read more