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“Can’t Shut Eyes To Petitioner’s Right”: Tripura HC Quashes LOCs Against Journalist Accused Of Publishing Defamatory News Against Tripura CM

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first_imgNews Updates”Can’t Shut Eyes To Petitioner’s Right”: Tripura HC Quashes LOCs Against Journalist Accused Of Publishing Defamatory News Against Tripura CM Sparsh Upadhyay16 March 2021 8:57 PMShare This – xThe Tripura High Court last week quashed lookout circulars, as issued against an NRI Journalist (Soumen Sarkar), accused of, inter alia, publishing a series of defamatory news in connection with Tripura’s Chief Minister Biplab Kumar Deb. The Bench of Justice S. Talapatra observed, “The action which curtails or takes away the personnel liberty has to be reasonable and proportionate…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 Tripura High Court last week quashed lookout circulars, as issued against an NRI Journalist (Soumen Sarkar), accused of, inter alia, publishing a series of defamatory news in connection with Tripura’s Chief Minister Biplab Kumar Deb. The Bench of Justice S. Talapatra observed, “The action which curtails or takes away the personnel liberty has to be reasonable and proportionate and has to be considered not in the abstract or hypothetical considerations.” The matter in brief The Petitioner, NRI-Editor of a news portal named Tripura Infoway.com (registered in U.S.A) filed a plea challenged the lookout circular dated 28th January 2020 by Bureau of Immigration and communication dated 30th September 2018 written by the Superintendent of Police, West Tripura to the Regional Passport Officer at Kolkata to impound/cancel the passport of the petitioner. He alleged that his news portal has become the target, for fearlessly exposing the cause of common people and that his family members were being targeted, threatened, and intimidated. Against the petitioner, cognizance under Section 500 of the IPC has been taken by the Sessions Judge, West Tripura, Agartala for alleged streaming of false content in his news portal. Significantly, Cognizance has been taken by the Court in three different defamation suits as well, filed against him (one by sitting CM of Tripura). As alleged by the Petitioner, all the criminal cases had been filed by different persons in power for silencing his news portal for exposing the truth in the interest of the common people. It was also stated that there had been a request from the Superintendent of Police that his passport and visa be canceled. The petitioner was searched in his parent’s residence on perception or information that he was staying there. Thereafter, a lookout circular had been issued against him. Lastly, it was argued that the attempt to get his passport impounded cannot get any support from the law as provided by Passport Act, 1967 as no court has ever issued an order for impounding the passport or canceling it. The petitioner categorically asserted that there was no valid reason at all to issue LOC against him and that the action of the police as such had been designed to restrict his visit to India. Respondents’ submissions According to the respondents, the petitioner’s case fell under Section 10(3)(e) and Section 10(3)(h) of the Passport Act. It was also argued that since the petitioner was defying the notices under Section 41A of the Cr.P.C., the said step was taken. It was stated that the petitioner had been deliberately evading arrest or not appearing in the trial court despite issuance of non-bailable warrant and adopting other coercive measures, hence, it was prayed that the LOC, as issued by the Ministry of Home Affairs against the petitioner not be recalled. [NOTE: the Allahabad High Court had held in the case of G.S.C. Rao versus State of U.P. and two Others [Criminal Revision No.3333 of 2018] that such LOCs cannot be issued as a matter of course, but only when reasons exist where the accused deliberately evades arrest or does not appear in the trial court.] Court’s observations At the outset, the Court noted that even if, the petitioner intended to come to India for making his appearance in the court or before the police, that was not simply possible because of COVID-19. Further, while noting that against the petitioner, as of now, no warrant is pending, the Court remarked, “The reason as assigned in the lookout notice circular is pending investigations in four cases. But the police could not file the final report involving the petitioner over such a long time. In these circumstances, in the considered view of this court, the lookout notice circular could not have been issued against the petitioner inasmuch as the petitioner being a citizen of the USA did not attempt to leave the territory of India in order to evade the arrest.” Further, noting that since the petitioner had undertaken before the court to inform the police the moment, he would arrive at Agartala and considering his status [vice-President, American Bank], the respondents No.1, 2 and 3 were directed to withdraw the lookout notice within 24 hours. Importantly, the Court held that no case had been made out by respondents No.1 and 2 in terms of Section 10(3) of the Passport Act to impound his passport and that, Passport Act does not authorize the Indian Passport Authority to cancel US Passport. Ruling that his inability to appear before the police cannot be termed as deliberate, the Court said that no warrant of arrest, issued by any court against the petitioner is pending and that Section 41A Cr.P.C notice was issued to him at a time when it was physically impossible for him to travel to India because of COVID-19. Having regard to all these aspects, the Court quashed the lookout circulars as issued against the petitioner noting that, “There is no contemplation of impounding of the passport by way of overstepping the authority, it is directed that without the order of the competent criminal court, the investigating agency shall not venture for taking action for impounding the passport of the petitioner as coercive measure.” The Court further directed that on arrival at Agartala, the petitioner shall give information to the investigating agency and respond to the summons issued by the criminal courts or comply the order of the courts. Case title – Soumen Sarkar v. State of Tripura and others [WP(C)No.200 of 2020] Click Here To Download OrderRead OrderSubscribe 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

Chelsea’s player wage bill has overtaken both Manchester clubs

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first_imgChelsea have returned to the top of at least one Premier League table after annual figures revealed they have overtaken both Manchester clubs in terms of salaries paid to players. Press Association The 2014-15 figures, which have been made available on Companies House, show that Chelsea are the biggest payers in the top flight once more after losing that position to Manchester City in the 2011-12 season. The club, owned by Russian billionaire Roman Abramovich, reported a total wage bill for last season rose to £215.6milion, up £25million. center_img The salary bill for their leading rivals last season saw Manchester United’s at £203million, Manchester City’s at £193.5million and Arsenal paying out £192.2million on wages. Both Manchester clubs reported a drop in overall wages last season. Chelsea announced in November the club had made a net loss of £23.1million on turnover of £314.3million – down £5.1million – but said they were well within the boundaries for complying with UEFA’s financial fair play regulations. The full annual figures reveal however that the club made a £42million profit on players trading, through selling Romelu Lukaku, Andre Schurrle and Ryan Bertrand – and despite bringing in Cesc Fabregas and Diego Costa. In the 2013-14 season Chelsea made a £65million profit in player trading. The accounts also show that Abramovich injected funding to Chelsea via the club’s parent company to the tune of £46.7million last season, and £57.1million the previous year. The accounts state: “However.. part of the debt has been converted into equity during the year via the allotment of ordinary shares.” last_img read more

Manchester United loss a wake-up call for Chelsea, says Gary Cahill

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first_imgChelsea’s loss at Manchester United on Sunday has given them a much-needed wake-up call and they are “more than capable of” winning the Premier League title ahead of a rampaging Tottenham Hotspur, defender Gary Cahill said.Chelsea’s two losses in their last four league games have cut the league leaders’ advantage at the top to four points while second-placed Tottenham have won seven consecutive league games.”That defeat has given us all a kick up the backside,” Cahill told Standard Sport.”We know the league is not over, that it will be difficult, but we know we are more than capable of doing it. I certainly think we can win our last six league games. We can’t let things get too twisted.”Chelsea face Tottenham in Saturday’s FA Cup semi-final at Wembley with Tottenham having won just once in their last eight trips to the stadium.”Saturday will have nothing to do with the league… It is purely a Cup game,” Cahill said.”Regardless of the opposition, we want to win it. We want to win the match because we want to pick up the FA Cup, it’s one of our goals. Anything else is irrelevant in my eyes.”Cahill said that Chelsea had to keep calm and put in the work to get results in their remaining fixtures.”There are two aspects to the current situation and what we do. The first is a positive: we are still in a great position and have six games left to play. The negative is: no one will give us this league,” Cahill said.advertisement”We are not going to get the trophy just because we have done well for the majority of the season… We need to work hard in training and go again. But we must also remember we are still in a strong position.”last_img read more

22 days agoFormer Porto star Pedro Emanuel: Football needs Jose Mourinho back

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first_imgFormer Porto star Pedro Emanuel: Football needs Jose Mourinho backby Paul Vegas22 days agoSend to a friendShare the loveFormer Porto star Pedro Emanuel says football needs Jose Mourinho back in work.Mourinho has been available since being sacked by Manchester United in December.Emanuel played for Mourinho at Porto and is now coach of Almeria.He said, “Mourinho impressed me a lot and so did his football. He is a special person, a coach who has taught me a lot in my career and I hope he will return to the bench quickly because this sport needs Mourinho.”My relationship with him, although we have not spoken in recent times, is of utmost respect. During my stage as a player and coach I hold a lot of respect and admiration for him. I can only say good things about Mourinho.”He was important because he changed mindsets and the way we looked at the game for the last 15 years, so he struck me.” TagsTransfersAbout the authorPaul VegasShare the loveHave your saylast_img read more

20 days agoBurnley boss Dyche sympathy for Everton over red card

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first_imgBurnley boss Dyche sympathy for Everton over red cardby Paul Vegas20 days agoSend to a friendShare the loveBurnley boss Sean Dyche had sympathy for Everton over their red card during the Clarets’ win.Seamus Coleman saw red for the visitors early in the second half following a barge on Dwight McNeil, which followed an accidental, but reckless first half challenge that ultimately forced Erik Pieters out of the game.“Erik is ok, we think,” said Dyche. “I don’t think Seamus Coleman is that type of player, indeed I don’t think there are too many of that type around anymore.“But equally, that first challenge is still probably a red card. On reflection, when you see it, it doesn’t look a good tackle, and even though he hasn’t meant it, the referee’s role is not to decide if it’s an accident, but whether it’s dangerous.“I like a tackle, but once he’s got the yellow for the first, I think the red for the second is inevitable.” About the authorPaul VegasShare the loveHave your saylast_img read more

20 days agoChristian Pulisic already considering his Chelsea future

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first_imgTagsTransfersAbout the authorPaul VegasShare the loveHave your say Christian Pulisic already considering his Chelsea futureby Paul Vegas20 days agoSend to a friendShare the loveChelsea winger Christian Pulisic is considering his future.Pulisic may seek an exit in January if he continues to be left out of the side by Frank Lampard, says the Daily Mail. The 21-year-old has been an unused substitute for the last three Premier League games before being omitted from the squad entirely for the Champions League win at Lille. Pulisic joined Chelsea in a £58million move from Borussia Dortmund this summer and immediately impressed in the UEFA Super Cup with an assist in the defeat to Liverpool before starting three of the first four Premier League games. Yet despite setting up another goal in the Carabao Cup thrashing of Grimsby has not featured in the league since August. Pulisic wants to stay and fight for his place under Lampard but will consider his options if he feels he is not being given a fair chance to prove himself. last_img read more

Much left to fight for beyond legalization pot activists say as they

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first_imgCannabis activists say although this year’s 4-20 celebrations across the country will likely be the last before recreational pot use becomes legal, there’s still a lot to fight for.The federal government has committed to making marijuana legal by the summer, but the task of regulating the sale and consumption of the drug has been handed down to the provinces and territories.Lisa Campbell with the Ontario Cannabis Consumer and Retail Alliance said she doesn’t think 4-20 events across the country will disappear with the new legalized system — but they will likely evolve.“There is still a lot to fight for, including cannabis lounges, consumption spaces and having special events permits. But there comes a certain point where you can shout from the sidelines or you can put down your protest sign and have a chance to work with government to influence policy,” Campbell said.“For me and my activism, I’ve gone from fully disobeying the law and civil disobedience to now pausing my illicit activity and trying to find a way to work in the legal market.”The provinces have been rolling out their plans on regulating legalized pot. Ontario, for instance, intends to sell marijuana to people 19 and older in up to 150 stores run by the Liquor Control Board of Ontario. Consumption in public spaces or workplaces will be banned.Campbell said she wants to see a mixed retail model in the province, with regulated lounges and bars where marijuana can be purchased and consumed.“The only benefit to government stores is that argument that if you’re going to regulate it like alcohol, that we also need to have all these other licences that we have for alcohol,” Campbell said. “So, for example, at festivals there should be the ability to have a vapour lounge that is like a designated area like a beer garden, where you can purchase and consume cannabis.”She acknowledges that the province’s Ministry of the Attorney General has finished its consultation on cannabis consumption spaces, and it will take some time before changes are made.April 20 has long been a day to celebrate cannabis and the culture that surrounds it. In cities such as Ottawa, Toronto and Vancouver, pot enthusiasts gather by the thousands in public squares, defying the authorities.People starting to gather at Nathan Phillips Square for #420day celebrations, despite organizers not being able to obtain permit from city https://t.co/rUj6N7RN1S pic.twitter.com/ZL19KM7hho— CityNews Toronto (@CityNews) April 20, 2018But Campbell noted that 4-20 isn’t just about having a massive outdoor smokeout anymore; there are events such as cannabis business speeches from CEOs from publicly traded companies, as well as movie nights with cannabis edibles.She did say, however, that she’s concerned police will crack down harder on this year’s 4-20 events.“While legalization is exciting, I also think a lot of people are fearful,” she says.Abi Roach, the owner of Toronto’s Hotbox Cafe, says she has heard similar concerns from customers as police continue to crack down on illegal pot dispensaries in the city ahead of this summer’s legislative change.She says with legalization looming, her activism will also centre on creating safe public spaces for cannabis consumption and fighting against what she called the “white-collarization of cannabis.“It’s the corporate takeover of big alcohol, big pharma, big tobacco, now taking over cannabis and creating a business that never really existed, looking for a customer base that isn’t interested in it,” Roach said.“I think the problem that not only corporations are going to have, but also the government stores, is how do you get my customers — the people we have been serving for the last 18 years — to switch from their current purchasing ways and go to the legal government stores?”She says governments need to include the current industry, which has been flourishing for decades, into the legal framework.“And that’s not happening and that’s what we’re fighting for,” she said.last_img read more

North Peace Credit Union hosting BBQ fundraiser for Natalie Small today

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first_imgFORT ST. JOHN, B.C. — The North Peace Savings and Credit Union is hosting a barbecue fundraiser today, with the proceeds going towards a soccer tournament raising money for a local child battling cancer.Credit adjudicator Shaleen West said that the Credit Union decided to host the barbecue to raise money for the Kickin’ It with Friends charity soccer tournament. The tournament is raising money 4-year-old Natalie Small, who is currently battling Stage Four neuroblastoma in BC Children’s Hospital.West said that the credit union reached out to the Fort St. John Fire Department, whose charity has also donated money to the Small family to help with their travel expenses since December. The fundraiser barbecue is taking place in the parking behind the credit union at 101st St. and 103rd Ave. until 2:00 p.m.last_img read more

Dismissing Kohli and AB best moment of my cricketing career say Shreyas

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first_imgJaipur: Claiming the coveted wickets of Virat Kohli and South African run-machine AB De Villiers was the best moment of my cricketing career, says young Rajasthan Royals spinner Shreyas Gopal. The leg-spinner took 3 wickets for 12 runs in his magical four-over spell, which helped Rajasthan Royals secure their first win of the season, a seven-wicket victory over struggling Royal Challengers Bangalore on Tuesday night. “Getting Virat Kohli and AB Villiers in same match is a dream for any youngster. It is the best moment of my cricketing career and definitely one of biggest moments of my IPL cricket,” Shreyas said at the post match conference here. Also Read – Puducherry on top after 8-wkt win over Chandigarh “Any wicket is a big wicket but obviously these two are big names so it feels that much more better. But I feel I shouldn’t be getting ahead of myself and stay calm,” he added. The 25-year-old said that it was hard to devise a plan against batsmen of Kohli and De Villiers’ stature. “Honestly, I feel it is hard to plan a dismissal for batsmen like them (Kohli and De Villiers). You just need to be able to bowl your best ball and try and hit the best area on that particular wicket. It is all based on the situation,” Gopal said. Also Read – Vijender’s next fight on Nov 22, opponent to be announced later “When you land on the ground you obviously do your homework. What the type of ground is, how the wicket is reacting, how the opposition has been playing. So for example (Krishnappa) Gowtham bowling three of his overs in powerplay felt like a good idea at that moment.” The youngster said he was keen to learn from more experienced cricketers in the team, including captain Ajinkya Rahane and Steve Smith. “In between overs I just go to Ajju Bhai (Rahane), Jos (Buttler) or Smith and have a couple of words and try to understand what they think about the game because they have a lot of experience.” Asked about his side leaking runs in the death overs, Gopal said it was part and parcel of the game and the entire bowling unit should take responsibility and lift the team. “In this cricket (T20) you will definitely be hit for boundaries depending on the kind of overs you are bowling. Look at Jofra (Archer), he is bowling two overs in the powerplay and then bowling back in the death overs. So he is bowling hardest overs in the game,” he said. “Jofra and fast bowlers are probably bowling the hardest overs in the match so it is understood that they will go for 6-7 runs per over, they will have bad days. It is more important that guys who are having a good day should lift the team,” Gopal said.last_img read more

As US exits arms treaty its missile sales surge

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first_imgGeneva: Washington has signed more than 1 billion in new missile contracts in the three months since it announced plans to withdraw from a key Cold War-era arms treaty, campaigners said Thursday. “The withdrawal from the INF Treaty has fired the starting pistol on a new Cold War,” warned Beatrice Fihn, who heads the Nobel Peace Prize-winning International Campaign to Abolish Nuclear Weapons (ICAN). US President Donald Trump announced last October that his country would leave the Intermediate-Range Nuclear Forces (INF) agreement concluded between the US and the former Soviet Union in 1987. Also Read – Saudi Crown Prince Salman ‘snubbed’ Pak PM Imran, recalled his private jet from US: ReportWashington, which accused Russia of violating the treaty through a new missile system, began the official process of withdrawing from the pact in February. Russian President Vladimir Putin responded by saying Moscow would also leave the INF treaty, which is considered the cornerstone of global arms control. In the three months following the October announcement, the US government “proceeded to arrange no less than 1 billion in new missile contracts”, according to a report by ICAN and another anti-nuclear campaign group, PAX. Also Read – Iraq military admits ‘excessive force’ used in deadly protestsThe report detailed over 1.1 billion in new contracts with six mainly US companies. US defence contractor Raytheon saw the biggest windfall, tallying 44 new contracts worth some 537 million. Lockheed Martin meanwhile scooped up 36 new contracts, worth 268 million, while Boeing grabbed four new contracts totalling 245 million, the report found. “Congress should investigate the lobbying roles of Boeing, Lockheed Martin and Raytheon who took the lion’s share of these contracts,” Fihn said in a statement. The report authors acknowledged that it was unclear if all of the new contracts awarded between October 22, 2018 and January 21, 2019 were for new nuclear weapon production. “What is clear is that there is a new rush towards building more missiles that benefit a handful of US companies and intend to flood the market with missiles regardless of their range,” they said. At a global level, the report found that governments are currently contracting at least 116 billion (102 billion euros) to private companies in France, India, Italy, the Netherlands, Britain and the US for the production, development and stockpiling of nuclear weapons.last_img read more

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