[Breaking] Andhra Pradesh Govt. Moves SC Challenging AP HC’s Stay Of FIR and Gag Order In Amaravati Land Case.

first_imgTop Stories[Breaking] Andhra Pradesh Govt. Moves SC Challenging AP HC’s Stay Of FIR and Gag Order In Amaravati Land Case. LIVELAW NEWS NETWORK21 Sep 2020 4:53 AMShare This – xAndhra Pradesh Government has moved the Supreme Court against High Court Order restraining any media reporting as to the FIR registered by the Anti-Corruption Bureau alleging corruption and illegal land transactions in relation to the shift of the capital to Amaravti following the bifurcation of the erstwhile state of Andhra Pradesh in 2014.On September 16, the Andhra Pradesh High…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?LoginAndhra Pradesh Government has moved the Supreme Court against High Court  Order restraining any media reporting as to the FIR registered by the Anti-Corruption Bureau alleging corruption and illegal land transactions in relation to the shift of the capital to Amaravti following the bifurcation of the erstwhile state of Andhra Pradesh in 2014.On September 16, the Andhra Pradesh High Court through Chief Justice J K Maheshwari ordered :* a) No coercive steps to be taken in furtherance to FIR No. 08/RCO-ACB-GNT/2020 dated 15.09.2020 by ACB, Guntur u/s 13(2) r/w 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 and Sections 409, 420 r/w 120B of the Indian Penal Code, 1860 (said ‘FIR’) [Pertinently, the said FIR had not even been questioned in the writ petition]* b) Enquiry/Investigation into the said FIR is stayed.* c) News in regard to the registration of the said FIR or in the context of the said FIR not to be made public in any electronic, print or social media with respect to the said Respondent as also the other accused persons.The AP Government in the Petition submitted that the impugned order has been passed by the  High Court in a Petition where the FIR was not even questioned. Besides, the orders have been passed not only in respect of the Respondent who had filed the writ petition but also in respect of all other accused persons.”The matter before the High Court was filed in the evening of 14.09.2020 alleging that the Respondent was anticipating that the Petitioner herein would take coercive measures against the Respondent. It is primarily to prevent such alleged coercive measures that the matter had been filed. An FIR came to be lodged thereafter at about 9.00 A.M. in the morning of 15.09.2020. It is most respectfully submitted that upon filing of the FIR, the Petition had become infructuous. However, not only was the Petition considered but a slew of directions/restraint directions were passed by the Hon’ble High Court even when the FIR was not questioned. More importantly, these directions were passed not only in respect of the Respondent herein but also in respect of all other Accused Persons – without reference to the contents of the FIR”The Petitioner (AP Govt) has submitted that right from Emperor Vs Khwaja Nazir Ahmad AIR 1945 PC 18, Courts have repeatedly frowned upon High Courts interfering with the course of investigation. It is time and again been held that investigation is the domain of the investigation agencies and the Courts ought not to interfere until the investigation is complete. The Court passed the order following an urgent hearing held at 6.30 PM on Tuesday (September 15)., Senior Advocates Mukul Rohatgi and Shyam Divan appeared for the petitioners.”A writ petition seeking to pre-empt investigation even before an FIR is registered cannot be entertained. In fact, the Hon’ble Courts have repeatedly held (albiet in a different context) that an Accused has no right of hearing before the registration of FIR. The aforesaid principle is applicable to the present proceedings with even more vigour. [See Anju Chaudhary v. State of U.P. and Another (2013) 6 SCC 384]”Quoting the above Judgment the Petitioner submitted that the prospective accused/suspect does not have, in any manner, a right of hearing before the registration of FIR. Such a right is not envisaged under any provision of Cr.P.C. as well as it runs contrary to the observations made by the Supreme Court in various judicial pronouncements Hence, the impugned judgment lies in the teeth of the various judicial rulings of this Court as well as the provisions of the Code and is therefore, wholly unwarranted, unprecedented and liable to be set aside.The petitioner raises following questions in the PetitionA. Whether investigation can be stayed when the FIR has not even been questioned?B. Whether a stay on investigation can be granted as a matter of routine at the very threshold of such investigation?C. Whether the stay of investigation at the threshold not only impedes the entire criminal machinery, which has been set into motion pursuant to the registration of an FIR, but is also against the basic tenets of criminal jurisprudenceD. Whether the stay of investigation ought to be granted ordinarily and in a routine manner?E. Whether any proposed accused/suspect has a right of hearing even before the registration of an FIR under the provisions of the Code of Criminal Procedure, 1973?F. Whether the Hon’ble High Court ought to have interfered with the investigation process which is a distinct domain of the investigation agency?G. Whether the investigation process against any person ought to be stayed when there are prima facie specific allegations against him in the FIR?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

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The Latest: Dolphins turning field into drive-in theatre

first_imgThe schedule foresees league games finishing July 19 with a European qualification playoff ending 10 days later.According to UEFA rankings, Ukraine will be the second strongest league in Europe playing, behind only Germany.___The leadoff event to the ISU Junior Grand Prix of Figure Skating has been canceled by Skate Canada because of the coronavirus pandemic.The event was scheduled for Aug. 26-29 in Richmond, British Columbia. It is the second competition of the seven-part series that has been canceled, with the Slovakia event the following week also not taking place. Associated Press Bettman is set to make a televised address at 4:30 p.m. EDT about what hockey will look like if the NHL can resume the season this summer. That means a 24-team straight-to-playoffs format with the league’s other seven teams having their seasons ended.The Players’ Association voted last week to approve the 24-team format proposed by the Return to Play committee. It involves the top four teams in each conference playing a mini-tournament for seeding, while the other 16 face off in best-of-five series to set the field.There is still no timetable for the resumption of game action or when players can return to team facilities for voluntary workouts. This announcement does come on the heels of the league and NHLPA unveiling protocols for those workouts, including a limit of six players on the ice at a time.___Conferences and television networks have agreed to an extension to next week’s deadline for determining the broadcast schedule for college football’s early season games. Share This StoryFacebookTwitteremailPrintLinkedinRedditThe Latest on the effects of the coronavirus outbreak on sports around the world:___The Miami Dolphins are turning their field into a drive-in theatre. The Football Bowl Subdivision conferences issued a joint statement Tuesday along with ESPN, CBS Sports, Fox Sports and their affiliated networks. The statement said only that the game times would be set “at a later date as we all continue to prepare for the college football season.” The deadline typically falls on June 1, which is Monday.___Gov. Phil Murphy tweeted Tuesday that as long as the NFL’s Giants and Jets and the NHL’s Devils follow health and medical protocols, they could open training camps or even hold competition. “The fact that I have Trace here to be able to work with me is huge,” Boykin said. Boykin will join Jackson, second-year receiver Marquise Brown and several others in Florida.“We’re still finalizing it. There are going to be a lot of guys down there,” Boykin said. “There’s only so much you can do in (virtual) meetings without being able to go out on the field.”Drafted in the third round of the 2019 draft out of Notre Dame, Boykin had 13 catches for 198 yards and three touchdowns as a rookie.— David Ginsburg But the WTT is not affiliated with those tours and does not need to abide by their decisions about when it is OK to compete. No ATP or WTA ranking points are available for its matches.The WTT says it is increasing its prize money to $5 million. That is $1.5 million more than for its 2019 season.The league is bringing all nine of its teams to one site at The Greenbrier in White Sulphur Springs, West Virginia, because of the pandemic instead of having matches around the United States.___More AP sports: https://apnews.com/apf-sports and https://twitter.com/AP_Sports,Tampa Bay Lightning advance to face Dallas Stars in Stanley Cup finals, beating New York Islanders 2-1 in OT in Game 6 The NFL’s preseason and training camps wouldn’t begin until midsummer — teams are doing virtual workouts in place of the usual on-field activities because of the coronavirus pandemic. But the NHL is planning ways to complete the 2019-20 season. Should those plans include the Devils, they now can reopen their training facilities.“Professional sports teams in NJ may return to training and even competition — if their leagues choose to move in that direction,” Murphy wrote on Twitter. “We have been in constant discussions with teams about necessary protocols to protect the health and safety of players, coaches, and personnel.”A Jets spokesman said: “We are working closely with Gov. Murphy’s office, the league and our medical staff to establish prudent, health and safety measures for our staff and players. Based on those guidelines, we will begin to open our facility using a phased approach at a time that is the most practical for our operations.”The Giants echoed those sentiments and said: “With today’s announcement by the governor, we are finalizing our plans to reopen the Quest Diagnostics Training Center. We will continue to have as many employees as possible working remotely. For employees who need to return to work at our facility, we expect to begin that process next week, and we will do so in a systematic and safe way that adheres to the state’s guidelines and NFL protocols.” The cuts represent about a quarter of the group’s workforce.McLaren executive chairman Paul Walsh says “we plan to emerge as an efficient, sustainable business with a clear course for returning to growth.”___World TeamTennis says it is planning to allow up to 500 spectators at outdoor matches during its three-week season from July 12 to Aug. 2 at a resort in West Virginia.All tennis events sanctioned by the ATP, WTA and International Tennis Federation are on hold at least until late July because of the coronavirus pandemic. Big 12 presidents and chancellors met last Friday and decided voluntary activities could begin June 15 for football, July 1 for other fall sports and July 15 for all other sports.Oklahoma football has chosen a careful approach. The athletic department’s medicine staff coordinated with the OU Health Sciences Center, Norman campus student health officials, independent in-state and out-of-state infectious disease experts and public health specialists before making the decision.“Our medical personnel have told us that the safest thing we can do is keep our players off campus for as long as possible,” Oklahoma coach Lincoln Riley said. “We chose the latest point that we could bring them back and still have enough time to prepare.”The school said other student-athletes will return later this summer in a phased approach. Athletes will be evaluated for clearance by the Oklahoma medical staff and will be continuously monitored and expected to adhere to several safety protocols and guidelines.___ Milwaukee Brewers owner Mark Attanasio says he would prefer that his team hold preseason workouts in Milwaukee rather than its spring training home in Arizona if Major League Baseball decides to resume its season.Attanasio said it would be a “real boost for everyone” to “bring the boys back in town” as he joined Brewers general manager David Stearns and manager Craig Counsell in a Zoom session with the Greater Milwaukee Committee, a group of area business leaders. Attanasio acknowledged the team first would have to go through the “medical protocols” and assure local and state officials that the preseason workouts can be done safely at Miller Park.Also during the session, Stearns discussed the Brewers’ COVID-19 testing plans and said that Counsell would have his own assigned seat in the home dugout as part of the team’s social distancing guidelines.Counsell and Attanasio both noted that the shortened schedule would make it more important than ever for teams to keep their players healthy. Counsell noted how that might impact his managerial approach. The Latest: Dolphins turning field into drive-in theatre “Skate Canada has closely monitored the provincial and federal health authorities position on the COVID-19 pandemic and is committed to the health and safety of the athletes, coaches, officials, volunteers and spectators,” the organization said Tuesday. “Due to the provincial quarantine guidelines for all travelers and social distancing requirements in effect at this time, Skate Canada regretfully made the decision to cancel the event.”No decisions have been made on the other competitions, nor on the senior Grand Prix events.___NHL Commissioner Gary Bettman is expected to announce the league’s return to play format this afternoon. May 26, 2020 Nottage said Te Aihe was shipped in a relative state of readiness, so it won’t take long to get it sailing again.”The final ACWS regatta is set for just before Christmas in Auckland. The Prada Cup for challengers is set for Jan. 15-Feb. 22, with the winner advancing to face the Kiws in the 36th America’s Cup March 6-21.___The top men’s soccer league in Ukraine will resume Saturday in empty stadiums after a suspension because of the coronavirus pandemic.The Ukrainian Premier League says it has received approval from the country’s health ministry to restart. No games have been played since March 15. ___Formula One carmaker McLaren says 1,200 jobs will be lost across its entire group’s operations because of the coronavirus outbreak.It was not immediately clear how the cuts would affect the group’s F1 operation. The sport has yet to start its 2020 season amid the pandemic.The McLaren Group says “the cancellation of motorsport events, the suspension of manufacturing and retail activities around the world and reduced demand for technology solutions have all led to a sudden impact” on its revenue-generating activities.McLaren says the reduced budget-cap level for F1 teams also led to the job losses. “It’s going to be important that we’re, I think, prudent with how much with how much usage all our players can have early in the season,” Counsell said.___Ravens second-year receiver Miles Boykin plans to join quarterback Lamar Jackson and several other teammates in Florida for informal workouts while waiting for word on the NFL’s next move during the coronavirus pandemic.“I was planning on going down there before all this stuff happened,” Boykin said on a video-conference call Tuesday. “But next week I’ll be down there training with those guys.”To this point, Boykin has been playing catch with backup quarterback Trace McSorley around Baltimore. The team announced plans for a theater inside the stadium that will accommodate up to 230 cars. In addition, a new open-air theater on the stadium plaza will host small groups. Classic movies and commencements will be among the events shown, and social distancing will be observed.“We’ve spent several weeks planning this to be able to provide people with a safe option to go out and enjoy movies, classic Dolphins content, concerts, and celebrate 2020 graduates,” Dolphins CEO Tom Garfinkel said in a statement Tuesday.___Oklahoma will re-open its facilities for voluntary football workouts on July 1 — about two weeks later than the Big 12 Conference has allowed.The school made the announcement on Tuesday. ___Defending America’s Cup champion Emirates Team New Zealand has its first race boat back after it was shipped to Europe for two preliminary regattas that were canceled because of the coronavirus pandemic.Te Aihe (The Dolphin) returned to Auckland early Tuesday morning after being away for nearly four months. Team New Zealand last sailed Te Aihe on the Hauraki Gulf on Jan. 15. It left the base on Feb. 2, accompanied by 16 containers full of workshops, chase boats and everything else needed to support the team at America’s Cup World Series regattas in Cagliari, Italy, in late April and Portsmouth, England, in early June. Those regattas were canceled in March as the coronavirus spread around the world.The boat traveled on four ships and visited 15 ports, including loading on and off in the New Zealand port of Tauranga, transhipped in Singapore each way and loaded off and on in Gioia Tauro, Italy.“It is good to see her back sooner than expected,” logistics manager Andy Nottage said. “She has been on quite the adventure, but it is good to have her home in one piece thanks largely to the ongoing support of Maersk.”last_img read more

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AFCON 2015: Security fears ahead of quarter-finals

first_imgThe qualification of hosts Equatorial Guinea for the quarter-finals has given organisers of the African Nations Cup a headache that in truth they should have foreseen.Esteban Becker’s side will take on Tunisia in the Last 8 on Saturday with the match scheduled for the 5,000-seater Estadio de Ebibeyin.Given that the hosts have packed out the 35,000-seater venue in Bata for all their games so far, and the wave of euphoria that sweeping the nation following their progression to the knockout rounds, the venue is not just inadequate but potentially a massive safety hazard.Security has not been up to scratch at the tournament so far, with Equatorial Guinea’s opening game in Bata seeing fans breaking through fences to get inside.The Confederation of African Football (CAF) are quite obviously aware of the ‘challenge’, but for now the venue remains the same.”It’s clearly a challenge and we will be consulting all the stakeholders,” CAF spokesman Junior Binyam. “As things stand the schedule stays the same but there is nothing in the regulations that prevents a change.”We are fortunate that we have both our executive committee and organising committee here on the ground and they will look at all the scenarios.” What may also swing the decision is the huge downpour at the venue on Monday night in the Group B clash between Zambia and Cape Verde that did severe damage to the pitch. With the first quarterfinal on Saturday between Congo-Brazzaville and DR Congo, common sense would suggest that both matches be played at the country’s largest venue as a double-header.It is a situation that should have been foreseen though, unless CAF had little faith in Equatorial Guinea being able to make it out of the group phase.As hosts they were always going to be placed in Group A and so why Ebibeyin was given one of the two quarter-finals to come out of the pool shows little foresight.last_img read more

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