Top StoriesDispleasure Of Accused About The Manner In Which Investigation Proceeds Not A Ground To Transfer Investigation To CBI: SC [Read Judgment] LIVELAW NEWS NETWORK19 May 2020 3:39 AMShare This – x”An accused person does not have a choice in regard to the mode or manner in which the investigation should be carried out or in regard to the investigating agency. “The displeasure of an accused person about the manner in which the investigation proceeds or an unsubstantiated allegation of a conflict of interest against the police conducting the investigation must not derail the legitimate course of law and warrant the invocation of the extraordinary power of the Court to transfer an investigation to the CBI, the Supreme Court has observed while…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 displeasure of an accused person about the manner in which the investigation proceeds or an unsubstantiated allegation of a conflict of interest against the police conducting the investigation must not derail the legitimate course of law and warrant the invocation of the extraordinary power of the Court to transfer an investigation to the CBI, the Supreme Court has observed while declining Arnab Goswami’s plea to transfer investigation to CBI. The bench comprising Justices DY Chandrachud and MR Shah reiterated that such transfer is an “extraordinary power” to be used “sparingly” and “in exceptional circumstances”.The transfer of an investigation to the CBI is not a matter of routine, the bench said.”Routine transfers would belie not just public confidence in the normal course of law but also render meaningless the extraordinary situations that warrant the exercise of the power to transfer the investigation”, stated the judgment authored by Justice Chandrachud. Arnab Goswami had sought the transfer of investigation to CBI on the following grounds urged for transfer are: (i) The length of the interrogation which took place on 27 April 2020; (ii) The nature of the inquiries which were addressed to the Petitioner and the CFO and the questions addressed during interrogation; (iii) The allegations leveled by the petitioner against the failure of the State government to adequately probe the incident at Palghar involving an alleged lynching of two persons in the presence of police and forest department personnel; (iv) Allegations which have been made by the petitioner on 28 April 2020 in regard to CP, Mumbai; and (v) Tweets on the social media by activists of the INC and the interview by the complainant to a representative of R Bharat.The Court observed that these apprehensions did not make out a special case for transferring the probe to CBI. Referring to the decision P. Chidambaram v Directorate of Enforcement, the court observed that so long as the investigation does not violate any provision of law, the investigation agency is vested with the discretion in directing the course of investigation, which includes determining the nature of the questions and the manner of interrogation. It said: An accused person does not have a choice in regard to the mode or manner in which the investigation should be carried out or in regard to the investigating agency. The line of interrogation either of the petitioner or of the CFO cannot be controlled or dictated by the persons under investigation/interrogation. So long as the investigation does not violate any provision of law, the investigation agency is vested with the discretion in directing the course of investigation, which includes determining the nature of the questions and the manner of interrogation.The Court said that the accused person does not have a choice in regard to the mode or manner in which the investigation should be carried out or in regard to the investigating agency. The dictum in the 2018 Bhima Koregaon case (Romila Thapar vs Union of India) was cited in this regard.The court added that no transfer of investigation can be ordered “merely because a party has levelled some allegations against the local police. While declining the plea, the bench observed: “An individual under investigation has a legitimate expectation of a fair process which accords with law. The displeasure of an accused person about the manner in which the investigation proceeds or an unsubstantiated allegation (as in the present case) of a conflict of interest against the police conducting the investigation must not derail the legitimate course of law and warrant the invocation of the extraordinary power of this Court to transfer an investigation to the CBI. Courts assume the extraordinary jurisdiction to transfer an investigation in exceptional situations to ensure that the sanctity of the administration of criminal justice is preserved. While no inflexible guidelines are laid down, the notion that such a transfer is an “extraordinary power” to be used “sparingly” and “in exceptional circumstances” comports with the idea that routine transfers would belie not just public confidence in the normal course of law but also render meaningless the extraordinary situations that warrant the exercise of the power to transfer the investigation” The bench noted :”The contention of the petitioner that the length of the investigation or the nature of the questions addressed to him and the CFO during the interrogation must weigh in transferring the investigation cannot be accepted. The investigating agency is entitled to determine the nature of the questions and the period of questioning. The Petitioner was summoned for investigation on one day. Furthermore, the allegation of the Petitioner that there is a conflict of interest arising out of the criticism by him of the alleged failure of the State government to adequately probe the incident at Palghar is not valid. The investigation of the Palghar incident is beyond the territorial jurisdiction of the Mumbai police”.The Court said that it was “unable to find any reason that warrants a transfer of the investigation to the CBI”. “Having balanced and considered the material on record as well as the averments of and submissions urged by the petitioner, we find that no case of the nature which falls within the ambit of the tests enunciated in the precedents of this Court has been established for the transfer of the investigation”, the Court held.Click here to Read/Download JudgmentRead JudgmentNext Story
To that end, Solari’s deepest imprint from three full days in charge has been a show of faith in Vinicius Junior, the 18-year-old striker signed for 45 million euros from Flamengo in the summer.By no fault of his own, Vinicius has become a battle-ground for Madrid’s failings this season. He plays in the position they have struggled in most and where Cristiano Ronaldo once thrived.His age is symptomatic of Perez’s transfer policy in recent years, a preference for youth over proven quality. He was the club’s signing, not Lopetegui’s, which meant every line-up without him became about something more than just the football.Solari pricked the balloon by handing him his first start, and 90 minutes, against Melilla. He was excellent, only lacking the goal his all-round performance deserved.“It was a very important match for me,” Vinicius said afterwards. “A moment that I will forever remember in my career.”The question now is whether Vinicius is ready for a prolonged stint in the side and if so, at whose expense.Karim Benzema has lost the scoring habit but is a grafter and well-respected in the dressing room. Gareth Bale is only three months into his own fresh start after Zinedine Zidane.“Vinicius needs to mature but needs to play too, obviously,” Solari said.It touches at a wider problem for the interim coach, about the balance between pragmatism, how best to win in the short-term, and those decisions and beliefs that need time to bear fruit.Share on: WhatsApp Pages: 1 2 Real Madrid in trainingMadrid, Spain | AFP | Santiago Solari came through the dress rehearsal with flying colours but now for the real thing.Real Madrid’s stroll past Melilla from Spain’s third tier in the Copa del Rey was a particularly kind opening assignment, the type of which Julen Loptegegui must have longed for during his miserable run of one win from seven matches.Solari, put in temporary charge, said the right things in his opening press conference on Tuesday, largely by saying very little at all, and then a day later did the right thing by overseeing an expected, but still emphatic, 4-0 victory. So far, so good.Already Solari is being discussed as a realistic option for longer than the 15 days that regulations allow a provisional coach to work.With every success, and without a clear alternative, his status will be enhanced.The next step is to transmit early enthusiasm into something more substantial, namely wins at home to Real Valladolid, now owned by Solari’s former Brazilian team-mate Ronaldo, and away to Viktoria Plzen in the Champions League next week.Then comes a trip to Celta Vigo before time is up. Four wins out of four and club president Florentino Perez might well view his problem solved, at least until the end of the season.“The commitment of the players is not to me, even though I’m here now,” Solari said on Wednesday. “The commitment is to this shirt, to Madrid and to themselves.”But first, Valladolid, unbeaten in seven and boasting five wins from their last six, should offer a deceptively tricky test.Their defence is one of the meanest in La Liga and more than capable of restricting a Madrid team bereft of attacking inspiration in recent weeks.
Nothing beats beer tasting out on the lawnon a sunny day. Birkenhead brewmaster Andy Mitchellinspects the copper kettle after brewing. Birkenhead Breweries’ range of boutiquebeers.(Images: Birkenhead Breweries)Jennifer SternThe world is waking up to the fact that South Africa produces great wine, with Barack Obama toasting his inauguration with Graham Beck sparkling wine and Eric Asimov, The New York Times’s wine guru, singing the praises of Western Cape wines.What is less well known is that the country also has excellent independent breweries. And we’re not talking about the giant SAB Miller here; we’re talking small boutique breweries tucked away in pretty country towns.There aren’t many of them, especially compared to wineries, but there is a decent smattering, and South Africans are slowly starting to realise there is more to beer than Castle Lager. As a nation, we are starting to appreciate the art of brewing, almost as much as we appreciate the art of wine making.KwaZulu-Natal even has its own beer route, which encompasses about half a dozen micro-breweries, as well as good old SAB Miller and – interestingly – the National Sorghum Brewery. No brewery tour of Zululand would be complete without tasting traditional homemade sorghum beer.The Cape can’t compete in terms of numbers, but the tradition of micro breweries goes back quite a way in that part of the world. Mitchell’s Brewery, started in Knysna in 1983, was one of the first micro breweries in the country. Initially, the beer was only sold in locally, but demand soon necessitated a satellite brewery in Cape Town’s V&A Waterfront, and now distribution is quite wide.They stayed pretty much the only competition to South African Breweries for a long time (not that SAB was exactly nervous). It was only in 1998 that the Western Cape’s second micro brewery started up.The little town of Stanford, between the coastal towns of Hermanus and Gansbaai, is the ideal place for a brewery. That’s mainly because it has the one really essential ingredient – a reliable source of pure water. The Stanford Eye, the second biggest aquifer in South Africa, supplies all the water for the brewery, as well as enough to for a bottled water line and the town of Stanford’s drinking water.It was to take advantage of this amazing resource that the Birkenhead Brewery was established in Stanford. They started off making 12 different beers, but that was a bit much. When the new owners took over in 2002, they cut it down to three, and it’s slowly been built back up to six. Well, six and a half.A wide rangeThe six beers are Pride (an English-style bitter), Honey Blonde Ale, Malt Stout, Birkenhead Pilsner, and Premium Lager. The half a beer is not actually half a beer, perhaps it’s a beer and a half. It’s called Red Reloaded – a lager base with added taurine and caffeine – basically beer-flavoured Red Bull.Brewmaster Andy Mitchell explains why they decided to produce such an unusual drink. “There was a crowd in the UK called Red Square who got us to do it under licence, and then they didn’t want it so we carried on making it here. It has a slight citrus flavour. It’s not a big seller. About 1 000 litres a month.”The brewery use a variety of hop cultivars, says Mitchell. “The main one is the Southern Promise from SAB Hop Farms in George. We also import Goldings and Fuggles from Kent, Saaz from the Czech Republic, and then Cascade and Perlé from Germany.“About 80% of our beer is sold as draft,” he says. “And, except for Reloaded, they are all pure beer – no additives, all natural. We do pasteurise our beer, which gives it up to nine to 12 months’ shelf life.”While beer is the flagship product, they do a lot more.“We bottle a cider,” says Mitchell. “We have it made in Grabouw on an apple farm. It’s a real cider made from 100% pure apples. It’s brought here by tanker, we filter and bottle it. It’s called Birkenhead Troopship Cider.“We also do mineral water. We pull directly from the Stanford Eye.”They’re also doing wine – or halfway to doing so. It seems strange to drive through a vineyard to get to a brewery but, when the new owners took over in 2002, they planted vines.“We’ve had two harvests so far, with the third one coming up,” says Mitchell. “We are currently not making the wine here, we’re making it at Raka [a nearby winery], but they’re our vines. Once we get to 80 tons we’ll put our own cellar in here. At the moment it’s about 50 tons. So probably in two years time.”Birkenhead Beer is obtainable in many places in the Western Cape but – sorry folks – not further afield.The full experienceThere’s a lot more to a visit to the Birkenhead Brewery than tasting and buying beer – although many people may wonder if there can be more to life than beer, anyway. There’s also a restaurant and – the best part – you can do a tour of the brewery and find out how beer is made.First the barley is malted, then it’s mashed up with that wonderful water from the Stanford Eye, then it’s lautered – basically sieved out to separate the liquid from the grain. The liquid, which is called “wort,” is then boiled, and hops are added. It’s the hops that give beer its flavour.After cooling, it’s fermented, matured, filtered and packaged into bottles or kegs. The fermentation is the most important part. This is done by adding brewer’s yeast to the wort, and carefully controlling the temperature so that it ferments but doesn’t go rotten. The fermentation process converts sugars into alcohol, which gives beer the kick, and carbon dioxide, which gives beer the bubbles.That’s the mundane description of fermentation. The 19th century chemist, Friedrich Woehler, had a far more interesting explanation, documented in the Annals of Chemistry, Volume 29, 1839.According to Woehler, “Beer yeast, when dispersed in water, breaks down into an infinite number of small spheres. If these spheres are transferred to an aqueous solution of sugar they develop into small animals. They are endowed with a sort of suction trunk with which they gulp up the sugar from the solution.“Digestion is immediately and clearly recognisable because of the discharge of excrements. These animals evacuate ethyl alcohol from their bowels and carbon dioxide from their urinary organs.“Thus one can observe how a specifically lighter fluid is exuded from the anus and rises vertically whereas a stream of carbon dioxide is ejected at very short intervals from their enormously large genitals.”I’m not sure how much tasting he’d been doing before he came up with that one. But I think I’ll stick to wine, anyway. Just in case.Do you have queries or comments about this article? Email Mary Alexander at [email protected] linksBirkenhead Brewery KwaZulu-Natal Brew Route Mitchell’s Brewery
SEA Games: Don’t boo Schooling, Malaysians urged That was until he was questioned about slow ticket sales for the upcoming fight between Floyd Mayweather Jr. and Conor McGregor on Aug. 26 at T-Mobile Arena.“I’m actually tired of hearing that question,” Ellerbe said, as the smile disappeared. “Right now, we have over 60 million dollars in the box office. What part of that remotely looks like ticket sales are slow? This isn’t a damn Rolling Stones concert. That’s the only thing that sells out in seconds. We’re talking about tickets that go from $500 to $10,000. That’s an expensive ticket.”FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutAs of Thursday evening, a general search for two tickets on Ticketmaster’s website showed 536 pairs available, ranging anywhere between $1,682.50 to $35,010.09 per ticket.And with thousands of seats still available, and the fight two weeks out, some believe the next sporting event that will sell out in that venue will be a Vegas Golden Knights game, when the newest NHL expansion team opens the 2017-18 season. Critics also believe with some second-tier seats carrying a five-figure price tag, the pay-per-view fee of $99.95 seems like a bargain. LATEST STORIES Read Next “We’re going to blow past our own record of $72 million; this fight is massive,” Ellerbe said.Mayweather and Manny Pacquiao’s “fight of the century” saw live gate receipts produce more than $71 million in revenue at the MGM Grand Garden Arena, easily surpassing the previous live gate record of $20 million, for Mayweather-Canelo Álvarez.Mayweather reiterated Ellerbe’s thoughts.“We’re doing crazy numbers, forget what you all (are) hearing. We’re doing crazy numbers,” Mayweather said. “Our fight is doing unbelievable numbers. The pay-per-view numbers are going to be unbelievable and we will have a sold-out crowd. I’m not worried about that.”ADVERTISEMENT Typhoon Kammuri accelerates, gains strength en route to PH WATCH: Streetboys show off slick dance moves in Vhong Navarro’s wedding Catriona Gray spends Thanksgiving by preparing meals for people with illnesses Brace for potentially devastating typhoon approaching PH – NDRRMC Don’t miss out on the latest news and information. LOOK: Venues for 2019 SEA Games Floyd Mayweather Jr. trains at his gym Thursday, Aug. 10, 2017, in Las Vegas. Mayweather is scheduled to fight Conor McGregor later in the month. (AP Photo/John Locher)LAS VEGAS — Sixty-million dollars sounds pretty good to Leonard Ellerbe.Dressed dapper in a white shirt and slacks, topped with a navy pinstriped blazer, the CEO of Mayweather Promotions flashed an occasional smile while addressing the media Thursday at Mayweather Boxing Club.ADVERTISEMENT UPLB exempted from SEA Games class suspension SEA Games in Calabarzon safe, secure – Solcom chief Protesters burn down Iran consulate in Najaf PLAY LIST 01:37Protesters burn down Iran consulate in Najaf01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games MOST READ K-pop star Jung Joon-young convicted of gang rape, spycam crimes View comments
I promise this is it. We are moving on after this post. It’s time for Pittsburgh. But first let’s look back on the poll I threw out there right after the game on Saturday. There was plenty of blame to go around, but you guys unsurprisingly ultimately blamed the referees for the way OSU lost.Here’s the final poll. I’m actually surprised it was this close — I would have expected it to be more like 90 percent on the referees. I think I land on blaming the referees despite Gundy’s bit of incompetence (x2) at the end. Despite Gundy thinking the referees would just wink wink at the intentional grounding penalty his QB incurred, the game still should have been over.It’s Gundy’s fault for putting them in a position where this was a question, but it’s not his fault that the rules were not followed. That’s on the zebras. So you can blame Gundy for setting up and the defense for not shutting it down, but neither would have mattered if one of the 10 referees knew the rule that should have ended the game.Gundy keeps talking about how his decision was a bad one, but he’s letting the outcome of the game affect the way he’s talking about it. Dumb? Absolutely. One he probably should not do again? Definitely. But it technically was not a “bad” one because it technically should have ended the game.Curious who everyone holds at fault for the final play today … this will be an interesting discussion on Sunday.— Pistols Firing (@pistolsguys) September 10, 2016 Here are the reader comments.Russell James: Gundy. 100% Gundy. That dunce didn’t even know the rule that we got screwed on. Why experiment with something that no one ever does? Especially in a close game. And if you do, you can’t run a receiver down the sideline? My wife has been watching football for all of 6 years and she turned to me and said, “Isn’t they intentional grounding?” And Gundy didn’t even think about that penalty being called. Don’t invite that kind of opportunity. Go get a haircut. A 1-1 coach that loses to mid-majors doesn’t get to have a mullet. Mullets are for closers only.No Name: If you choose to practice this play for years (Zac Robinson confirmed) how do you get paid what gundy gets paid and NOT know its legit? He had zero objection to refs and their call…How? Total incompetence on Gundy. It’s embarrassing…Wilham: This is not where we should be five years after the Fiesta Bowl and Boone Pickens’ huge investment in our school and footbal program. This reminds me of the Jim Stanley teams that lost to North Texas State and the like. I’ve always been a big Gundy fan, but maybe it’s time for a clean sweep of the coaching staff. If we can’t get someone better, we should at least be able to get someone just as good for a lot less money.David Einstein: Refs. Gundy isn’t responsible for refs not knowing the rules.Jane: I am the biggest Gundy homer ever, and in no way do I want any other head coach for OSU, but this one is on him, imo.As soon as Rudolph threw that stupid pass to no one, I said, “Why are they throwing an intentional grounding?”Couldn’t they have had just ONE receiver run down toward it and pretend they were trying to catch it? That would have taken care of everything and we’d be 2-0.No Name: Defense needs to learn how to defend an obvious hook and lateral play. It was like they had never seen it before. Clueless. Then we could gripe about the refs. But since we couldn’t stop a MAC team from completing this “hail mary”, we just look like a bunch of whiners.If you’re looking for the comments section, it has moved to our forum, The Chamber. You can go there to comment and holler about these articles, specifically in these threads. You can register for a free account right here and will need one to comment.If you’re wondering why we decided to do this, we wrote about that here. Thank you and cheers!
Wolves captain Coady takes blame for Southampton equaliserby Freddie Taylor3 days agoSend to a friendShare the loveWolves captain Conor Coady held up his hands and admitted his mistake against Southampton.The defender was not happy with his performance as Wolves had to settle for a 1-1 draw at Molineux against the Saints.He missed a clearance that allowed Danny Ings to step in and score the first goal in the game.Speaking after the game with reporters, captain Coady said: “It was a tough game, but I felt we let them off the hook a bit with individual errors – mistakes at the back that cost us a little bit.”I’ve got to deal with it better, it is as simple as that. We need to know when to not try and play out from the back.”I need to improve, it is as simple as that. From my point of view, it is just something where I lost concentration of the ball.”I was trying to look at what was ahead of me to start a counter-attack because I felt it was quite an easy ball to control.”These things happen and we need to move on with two big games ahead.” About the authorFreddie TaylorShare the loveHave your say
week 7 college basketball coaches poll Twitter/@MSU_FootballMichigan State continues to roll. The 12-0 Spartans are one of just three power conference programs that remain undefeated so far this season, and should enter Big Ten play with an unblemished record. Things won’t be easy for Michigan State going forward, however, with the injury to do-it-all star guard Denzel Valentine, who will be out for 2-3 weeks. For now, Michigan State remains on top of the college basketball world. Here are the week seven Top 25 polls. AP Poll:1. Michigan State 2. Kansas 3. Oklahoma 4. Maryland 5. Virginia 6. Xavier 7. North Carolina 8. Arizona 9. Butler 10. Providence 11. Iowa State 12. Kentucky 13. Miami (FL) 14. Purdue 15. Duke 16. Louisville 17. Villanova 18. SMU 19. West Virginia 20. George Washington 21. Texas A&M 22. Cincinnati 23. Baylor 24. Utah 25. South Carolina USA Today Coaches Poll: 1. Michigan State 2. Oklahoma 3. Kansas 4. Maryland 5. Virginia 6. Xavier 7. North Carolina 8. Arizona 9. Iowa State 10. Duke 11. Kentucky 12. Butler 13. Purdue 14. Providence 15. Louisville 16. Miami (FL) 17. Villanova18. West Virginia 19. Texas A&M20. George Washington 21. Cincinnati22. Baylor 23. South Carolina 24. Gonzaga 25. Vanderbilt
Hong Kong: Hong Kong airport authorities on Tuesday suspended all check-ins, but reversed a previous statement saying that all departing flights had been cancelled as pro-democracy protesters blocked the facility. “Terminal operations at Hong Kong International Airport have been seriously disrupted, and all check-in processes have now been suspended,” a statement on the airport website said. “All passengers are advised to leave the terminal buildings as soon as possible.” The statement did not clarify how many flights would be cancelled and whether arriving flights would be affected by the decision. Also Read – India gets first tranche of Swiss bank a/c details The statement walked back a previous announcement that said all departing flights had been cancelled. The decision came after thousands of pro-democracy protesters flooded into the airport for the second consecutive day and blocked passengers from reaching entrances to the departure area in both terminals. It came a day after authorities announced the unprecedented complete cancellation of all arriving and departing flights over a massive rally.
Advertisement Login/Register With: In 2018, the festival’s longest season on record, attendance hit 502,605, up 10 per cent from the year before; about 105,000 of those patrons were newcomers, up from 86,000 the previous season.Credit for those last figures must be shared with Dan Chameroy and the cast of The Rocky Horror Show, in which Chameroy starred as corset-clad, mad scientist transvestite Frank N. Furter. LEAVE A REPLY Cancel replyLog in to leave a comment Antoni Cimolino has been asked to stay on as artistic director of the Stratford Festival until 2024. (SCOTT WISHART) Facebook There are two men who played a big part in a Stratford Festival season that saw a $1.9-million surplus and the festival’s highest ticket revenue in a decade.One of them wore a corset, fishnet stockings and high heels onstage. The other, artistic director Antoni Cimolino, has been asked to stay on as head of the fest for an extra two years, until 2024.Under Cimolino’s tenure as artistic director, the Ontario institution has seen six consecutive surpluses and attendance surpass the 500,000 mark. “Rocky Horror was a huge triumph and a big part of our success in 2018,” Cimolino said in a news release. Advertisement Advertisement Twitter