Centre to move SC against Gauhati high court order on CBI today

November 9, 2013

CBI-todayNew Delhi, Nov 9: The Centre will move the Supreme Court on Saturday to challenge the Gauhati high court's sensational judgment declaring that the Central Bureau of Investigation (CBI) was not set up legally and had no power to investigate an offence, arrest accused and file charge-sheet.

Minister of state for personnel V Narayanaswamy met attorney general G E Vahanvati on Friday to fathom the legal basis of the HC judgment and both agreed that an appeal should be filed in the SC by Saturday, pointing out the errors apparent in the verdict.

Even if the Centre files the appeal on Saturday, it is likely to be listed for urgent mentioning before the SC on Monday. The Centre will request the SC to stay operation of the HC judgment as an immediate measure to keep the CBI functional.

The AG is understood to have conveyed to the government that the HC had erred in inferring that the CBI was set up without legal sanction and that the Delhi Special Police Establishment (DSPE) Act did not support the existence of the premier investigating agency.

The Centre's lawyers, who will be burning the midnight oil to get the appeal ready and get it vetted from authorities in time to reach the apex court registry on Saturday, feel Section 2 of the DSPE Act provided the source of authority to the CBI to function as a police organization and exercise its powers akin to state police under the Criminal Procedure Code.

Section 2 empowers the Union government to set up a special police force to investigate notified offences and members of such special force would enjoy "in relation to the investigation of such offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers" are generally conferred with.

In contrast, the HC had focused on the 1963 resolution of the home ministry and termed it legally insufficient as it had not received the assent of the President. Moreover, it had said that the DSPE Act nowhere talked of an organization named CBI.

On November 6, a Gauhati HC division bench of Justices I A Ansari and Indira Shah had upheld the constitutional validity of DSPE Act but ruled that "the CBI is neither an organ nor a part of the DSPE and the CBI cannot be treated as a 'police force' constituted under the DSPE Act".

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Agencies
February 7,2020

Jammu & Kashmir, Feb 7: Former Jammu and Kashmir chief ministers Mehbooba Mufti and Omar Abdullah, besides two political stalwarts from NC and its arch-rival PDP were booked under the stringent Public Safety Act (PSA) by the administration on Thursday, officials said.

A magistrate accompanied by police served the order to Mufti at the bungalow where she has been detained, the officials said.

Abdullah was also booked under the PSA, they said.

National Conference general secretary and former minister Ali Mohammed Sagar, who wields a support base in downtown city, was served with a PSA notice public order by the authorities.

Similarly, senior PDP leader Sartaj Madani was booked under the PSA. Madani is the maternal uncle of former chief minister Mehbooba Mufti.

Both Sagar and Madani were detained in the aftermath of August 5 crackdown by the Centre on politicians following abrogation of special status of the erstwhile state, besides its bifurcation into two union territories.

Their six-month preventive custody was ending on Thursday.

Earlier, the officials had said that former NC legislator Bashir Ahmed Veeri was also booked under the PSA but later it turned out that he had been released.

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Agencies
May 9,2020

New Delhi, May 9: Home Minister Amit Shah today tweeted to say he is healthy and not suffering from any disease, dismissing recent rumours on social media about his health. "I want to make it clear that I am completely healthy and do not suffer from any disease," the Home Minister wrote.

The 55-year-old home minister said for the last few days, some people on social media have been spreading rumours about his health. "In fact, many have tweeted even wishing for my death," he said.

मेरे स्वास्थ्य की चिंता करने वाले सभी लोगों को मेरा संदेश। pic.twitter.com/F72Xtoqmg9

— Amit Shah (@AmitShah) May 9, 2020
Mr Shah said with the country fighting the coronavirus pandemic, that has affected nearly 40,000 people and killed more than 1,900, he did not pay attention to these rumours as he was busy performing his duties as the home minister. He said he was clarifying today because lakhs of BJP workers have expressed concern over the last two days.

The Home Minister, taking a jibe at those spreading rumours, said such speculation about his health will only make him stronger. "I request people to stop indulging in such talks and let me do my work, they should also go about their business," he added.

Amit Shah thanked well-wishers and workers of the BJP for enquiring about his health. He signed off by saying he has no hatred towards those who spread the rumours.

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News Network
July 10,2020

New Delhi, July 10: Hours before gangster Vikas Dubey was killed in an alleged police encounter on Friday, a plea was filed in the Supreme Court demanding urgent listing for action into his "possible killing" by Uttar Pradesh Police.

Advocate Ghanshyam Upadhyay had apprehended in his plea that there is a high possibility that Dubey will also be killed in a 'fake' encounter after his arrest from Ujjain in Madhya Pradesh a day ago.

Upadhyay claimed that the UP Police was expected to "concoct the same story of encounter" for Dubey like it did when four of his associates were killed after the 2 July incident.

Dubey was the primary accused in the killing of eight policemen in Kanpur on July 2. He was arrested from Ujjain on Thursday. He was killed in a police encounter, when he allegedly tried to flee on Friday morning.

"During the hunt for Dubey and co-accused, five of his accused aides were arrested/caught and then killed by the police in the name of encounter...Thus, there is every possibility that even Dubey shall be killed by Uttar Pradesh Police like other co-accused once his custody is obtained," Upadhyay feared.

He submitted that the killing of the accused by the police in the name of encounter no matter how heinous the crime was "against the rule of law and serious violation of human rights and nothing sort of Talibanisation of the country". Upadhyay sought hearing in the matter on Friday itself, citing extreme urgency.

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