News Help by sharing this information RSF_en VietnamAsia – Pacific Three more independent reporters arrested in Vietnam Reporters Without Borders voices its full support for the writers and editors of To Quoc (http://www.to-quoc.net), an independent fortnightly that has managed to keep appearing in print and online despite a campaign of threats and harassment. One of its founders told Reporters Without Borders the threats were part of a “dangerous plans by the conservatives” before the Communist Party’s next congress.“The Vietnamese authorities are trying to block the emergence of an independent press but, despite threats and arrests, there are journalists and intellectuals who continue to produce quality publications without permission,” Reporters Without Borders said.“We appeal to Prime Minster Nguyen Tan Dung to create the conditions for the emergence of a pluralist debate before the next congress, and to put a stop to the threats and violence against the staff of To Quoc,” the press freedom organisation added.Immediately after To Quoc’s first issue appeared on 15 September 2008, the people named as members of its editorial board began being harassed in all sorts of ways. One of them, army officer Dang Van Viet, asked for his name to be withdrawn from the board after getting threats.The harassment was recently stepped up. Deputy editor Nguyen Thuong Long and writer Nguyen Phuong Anh were interrogated by the police at the start of February. Police officers told the wife and children of former army colonel Pham Que Duong, To Quoc’s former publisher, a month ago that they would have serious problems finding work if they did not get him to stop collaborating with the magazine.To Quoc’s founder, geologist Nguyen Thanh Giang, was recently summoned and interrogated several times in a police station, and was threatened with reprisals if he did not shut down his “illegal” publication.”Intruders threatened to splash urine and excrement inside physician Pham Hong Son’s home on 23 March if he did not stop writing articles that are published in the magazine and posted online.Among the To Quoc collaborators who have been questioned and threatened in the past are dissident Vu Cao Quan, writer Tran Khai Thanh Thuy, writer Nguyen Xuan Nghia and Pham Hong Duc.One of the magazine’s founders told Reporters Without Borders: “To Quoc aims to help the process of democratisation in Vietnam and to defend human rights, free expression and religious freedom, always using moderate language and reasonable arguments. That is why it is respected by Vietnamese democrats inside the country and abroad, and why it is also accepted more and more by party members. Some of those in authority think To Quoc is helping peaceful evolution. But eliminating To Quoc seems to be part of the conservative plan before the party’s 11th congress.”Those responsible for producing the dissident publication Tu Do Ngon Luan have also been harassed by the police in recent months. April 7, 2021 Find out more Organisation Follow the news on Vietnam to go further VietnamAsia – Pacific April 22, 2021 Find out more RSF laureates support jailed Vietnamese journalist Pham Doan Trang April 27, 2021 Find out more News Vietnam sentences journalist Tran Thi Tuyet Dieu to eight years in prison News News Receive email alerts April 9, 2010 – Updated on January 20, 2016 Independent magazine keeps publishing despite harassment
‘Without Valid Consent From Maharashtra Govt., CBI Has No Jurisdiction To Investigate Sushant Singh Rajput’s Death’: Mumbai Police Tells SC [Read Affidavit]May 26, 2021 | By admin | No Comments | Filed in: tdruvkbqd.
Top Stories’Without Valid Consent From Maharashtra Govt., CBI Has No Jurisdiction To Investigate Sushant Singh Rajput’s Death’: Mumbai Police Tells SC [Read Affidavit] Mehal Jain9 Aug 2020 1:51 AMShare This – xThe Mumbai police has filed its affidavit before the Supreme Court challenging the July 25 FIR, at the instance of Sushant Singh Rajput’s father against actor Rhea Chakraborty and 5 others for abetment to suicide, registered in Patna and subsequently transfered to the CBI. The affidavit reads that pending the present proceedings, the CBI ought not to have gone ahead and registered the…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 Mumbai police has filed its affidavit before the Supreme Court challenging the July 25 FIR, at the instance of Sushant Singh Rajput’s father against actor Rhea Chakraborty and 5 others for abetment to suicide, registered in Patna and subsequently transfered to the CBI. The affidavit reads that pending the present proceedings, the CBI ought not to have gone ahead and registered the case with it or constituted a team for conducting the investigation. It ought to have awaited the final decision of the present proceedings at the hands of the Apex court, especially in view of this court order passed on August 5. The Centre informed the Supreme Court on Wednesday that it has accepted the Bihar Government’s recommendation for a CBI probe into the late actor Sushant Singh Rajput’s death case. A bench of Justice Hrishikesh Roy refused to grant a stay in Chakraborty’s plea seeking transfer of an FIR filed against her from Patna to Mumbai and the stay on the investigation by the Bihar police. The bench granted 3 days to all parties to file reply and sought an update from State of Maharashtra on the Investigation done by Mumbai Police. “Suffice it to say that, the indecent haste with which the CBI has proceeded in this regard speaks for itself, regarding the bona fides of all involved in this exercise”, the Mumbai Police contends. Narrating the sequence of events, the affidavit avers that Rajput passed away on 14 June at his residence in Bandra, Mumbai. On a telephone call having been received, the Mumbai police visited the residence of the deceased and saw the body of the deceased lying on the bed. The sister of the deceased and four others were present at the said residence. The Mumbai police registered an accidental death report and commenced enquiry about the unnatural death of the deceased under section 174 of the CRPC. After the inquest was completed, the Mumbai police commenced the investigation under section 175 of the CRPC to ascertain the cause of death of the deceased. “During the course of investigation, the Mumbai police have till date, recorded statements of 56 persons and are investigating into the facts and circumstances leading to the death of the deceased from each and every angle. The Mumbai police are investigating the incident fairly, professionally, properly and impartially”, it is pressed. Asserting that in compliance with the August 5 order, the report regarding the status of investigation into the said ADR has been filed in a sealed cover in this court, which is “self-explanatory”, the Mumbai police has argued that the investigation is still continuing and hence, it is in the interests of justice that the details of the investigation are not shared with Chakraborty or any other persons except this court. “That the report has been filed in a sealed cover so that this court is able to satisfy itself about the fairness, impartiality as also the professionalism with which the said investigation is being conducted by the Mumbai police into the said ADR”, it is stressed. The affidavit further contends that “About 38 days of the death of the deceased, the father of the deceased filed a complaint before the Additional Chief Judicial Magistrate, Patna, alleging offences under sections 341, 342, 380, 406, 420, 306, 506, and 120 B of the IPC and the Bihar police has registered an FIR against the petitioner and her family members, even though not only the death of the deceased but also each and every part of the cause and consequence relating to the said death has taken place at Mumbai, and in any case, in the state of Maharashtra”. It is pointed out that the father was entitled to approach the chief judicial magistrate, Bandra, Mumbai, under section 156(3) of the CRPC for an order directing investigation into the death of the deceased but even that was not done. It is urged that Rajput’s father, despite being aware of the fact that the Mumbai police have been investigating the said ADR, did not make any request to the Mumbai police regarding registering FIR against the petitioner and her family members or any ground whatsoever, that it is not the case that the Mumbai police had refused to register the FIR. It is insisted that on the contrary, the statements recorded of all the close relatives of the deceased, including the father, as soon as possible after the said death, demonstrate that none of them had any suspicion about the suicide committed by the deceased or against anybody. “It is most important to note that these are the statements recorded first in point of time, unlike the subsequent statements with numerous improvements that are apparently tainted with afterthought, to say the least”, reads the affidavit. It is advanced that neither the judicial jurisdiction lay in the state of Bihar nor the investigative jurisdiction lay with the Bihar police. A perusal of the FIR that is now registered by the Bihar police shows that none of the alleged offences have been committed within the local limits of the police station, either by the petitioner or for that matter anybody else, and in the circumstances, the objection to the territorial jurisdiction can be raised at the pre-cognisance stage also. “The father of the deceased alleges that the deceased was not permitted to visit Patna and to meet him and his other family members. So even the alleged offence of wrongful restraint and confinement, if any, occurred in Mumbai. The father alleges that the petitioner stole or siphoned of money and valuables from the deceased. Thus, the alleged offence of theft, if any, occurred in Mumbai. The father further alleges that the petitioner cheated the deceased and committed criminal breach of trust. Even this alleged offence occurred in Mumbai. The father has also alleged that the petitioner has abetted the suicide of the deceased which also occurred in Mumbai”, the Mumbai police buttresses its case. “Such a practice ought to be deprecated as anybody will approach the state police of his choice and register FIR at the police station of his choice and this will lead to disastrous consequences. Any accused will be able to have an offence investigated by the investigating authority of his choice, by getting FIR registered at any particular police station or by getting it transferred. Even the complainant and the accused cannot jointly and with mutual consent decide as to which police is to investigate the crime in issue”, argues Mumbai Police. It is advanced that even assuming that the FIR in issue is maintainable, it was mandatory for the Patna police to follow the procedure prescribed under the advisory issued by Ministry of home affairs dated 10 May 2013 and to register a zero FIR and transfer the same to the Bandra police Mumbai. “On 27th July, four police officers from the Bihar police landed in Mumbai and commenced their own simultaneous enquiry. The information collected by the Bihar police was also revealed to the media despite the fact that such revelations would jeopardise the investigation being conducted by the Mumbai police into the said ADR. There cannot be two simultaneous enquiries, much less investigations, by two different agencies in respect of the same incident and as such simultaneous enquiry were to continue, it may result in conflicting results, apart from its adverse effects, it will ultimately end up in helping the suspect or accused, if any and if at all”, it is stated. The affidavit denies the suggestion that the quarantine of the Bihar IPS officer, Mr Vinay Tiwari, was aimed at obstructing the investigation by the Bihar police. In fact such a step was taken by the Municipal Corporation for Greater Mumbai and not by the police authorities. It is pointed out that the protocol by the state of Maharashtra for domestic passengers arriving at Mumbai airport requires that such passengers are to undergo 14 days home quarantine, the only exception being domestic passengers who intend to exit Mumbai within seven days of arrival provided they are able to produce a confirmed ticket for the onward/return journey. “The newspaper report produced on record by the petitioner states that the Bihar police were hesitant for registration of the FIR but the CM of Bihar and another minister had persuaded them to register it. So it was a politically motivated exercise, one due to extraneous reasons”, avers the Mumbai Police. It is submitted that Section 177 of the CRPC provides that every offence shall ordinarily be enquired into and tried by a court within whose local jurisdiction it was committed, and that the provisions contained in section 178 to section 183 are exceptions to the general rule for enquiry and trial. “Not a single legally permissible and sustainable ground existed nor does it exist either for the registration of the FIR at Patna or for the transfer of such non-maintainable FIR to the CBI. The alleged sensitivity of the matter cannot be a ground for the registration of the FIR or investigation into the matter by the Bihar police or for that matter to be transferred to the CBI. The recommendation by the Addl. CJM, Patna to transfer the investigation into the FIR by the CBI bristles with mala fide and the same is void ab initio”, it is contended. It is further submitted that the jurisdiction of CBI is confined only to union territories for investigation of offences notified under section 3 of the DSPE act. It requires consent of the concerned state government under section 6 of the DSPE act. Further the CBI requires a corresponding notification from the central government under section 5 of the DSPE act before taking up the investigation of a case outside the union territories. “In other words, law and order being a state subject, the CBI derives jurisdiction only when valid consent is given. As the state of Maharashtra has not given any consent as provided under section 6 for transferring the investigation into the FIR to the CBI, the investigation into the FIR cannot be transferred to the CBI. In the facts and circumstances of the present case it is only the state of Maharashtra which is competent to give consent, the alleged cause of action having completely arisen within the state”, the affidavit argues. It is finally urged that assuming that the CBI is entitled to register the FIR, then also it is mandatory for the CBI to follow the procedure prescribed in the 10 May, 2013 advisory and to transfer the same to the Bandra police station.Click Here To Download Affidavit[Read Affidavit] Next Story
Photo: Vic Brazen Load remaining images To kick off the weekend, Lettuce spent two nights in Portland raising awareness and money for Full Plates Full Potential, an organization whose mission is to eliminate child hunger in Maine. The two-night event was spearheaded by saxophonist Ryan Zoidis, who is an active food and wine enthusiast in his native city of Portland.On Thursday night, a pre-party took place at Oxbow’s Brewing that saw Nigel Hall & Friends, which was essentially Lettuce plus members of Nigel Hall‘s solo band, playing loose improvisational music with family and friends. The VIP “Lett Us Eat” event included an oyster bar, poutine station, and summer paella crafted by James Beard Foundation Award Winning Chef Rob Evan’s talented culinary team from the new Duckfat Frites Shack. On Friday night, the psychedelic funk warriors headlined the beautiful Thompson’s Point overlooking Fore River, following performances from Galactic and Jaw Gems.Full Plates Full Potential’s mission is to end child hunger in Maine where 87,000 kids struggle to access the reliable, nutritious meals they need to thrive. 15.8 percent of Maine households, or nearly 200,000 individuals, are food insecure. It’s estimated that about 1 in 5 kids in Maine don’t know when or where they will get their next meal. By removing barriers that keep these children from benefitting from the proven, effective, efficient nutrition programs for which they are eligible, Full Plates Full Potential connects Maine kids with existing nutrition programs and builds new ones when needed across the state. They support proven initiatives like the school lunch program and seek to expand lesser accessed programs like breakfast and summer meals programs. For more information, head to the website.This upcoming week, Lettuce will head to New York City’s Blue Note Jazz Club, the West Village room where countless legendary musicians have taken the stage since its opening in 1981, for a five-night run. Lettuce will play 12 sets from Wednesday, June 27th through Sunday, July 1st. Head here for tickets.Check out the photos from Friday night’s sunset-filled show below, courtesy of photographer Vic Brazen.Lettuce, Galactic, Jaw Gems | Thompson’s Point | Portland, ME | 6/22/18 | Photos: Vic Brazen
– Advertisement – Wednesday, Nov 4, 2020 · 5:07:13 AM +00:00 · David Nir Thank you all for joining us tonight. As of midnight, the results of many of Tuesday’s elections remain unclear, se’re going to call it a night so and come back first thing in the morning. Daily Kos Elections will continue to track the developments in all uncalled races on our site, in our daily newsletter, and on Twitter. You can also bookmark our cheat-sheet of key races that we’ll keep updating until every race is decided. We’ll catch you on the flipside! Wednesday, Nov 4, 2020 · 5:05:20 AM +00:00 · David Jarman FL ballot: One other ray of sunshine from the Sunshine State: the state has passed a ballot measure increasing the state minimum wage, by a 61-39 margin. FL ballot: An important ballot measure in Florida has failed: a proposal to switch to a Top 2-style primary, a la California and Washington. It leads 57-43, but needed 60% for passage, under Florida law. Guides: Poll Closing Times • County Benchmarks • Hour-by-Hour GuideKey Races: Senate • House • Legislative Chambers • Ballot Measures • RedistrictingCheat-sheets: Key Race Tracker • Legislative Cheat-sheetWednesday, Nov 4, 2020 · 5:01:23 AM +00:00 · David Jarman – Advertisement – Follow: Daily Kos Elections on TwitterResults: Live Map • All Races (use dropdown)- Advertisement – – Advertisement –