“Right Of A Person In Detention To Consult Lawyer Of His Choice Is A Constitutional Right,State Can’t Dilute It”: Delhi HC Grants Relief To Shifa Ur Rehman

first_imgNews Updates”Right Of A Person In Detention To Consult Lawyer Of His Choice Is A Constitutional Right,State Can’t Dilute It”: Delhi HC Grants Relief To Shifa Ur Rehman Nupur Thapliyal10 May 2021 11:49 PMShare This – xObserving that it is the constitutional right of a person in detention to consult with the lawyer of his choice which cannot be diluted by the State, the Delhi High Court has last week granted relief to Shifa Ur Rehman, President of the Alumni Association of the Jamia Milia Islamia, arrested charged under UAPA in connection with the Delhi Riots that broke out in the national capital last year. A single judge bench comprising of Justice Vibhu Bakhru observed thus: “This Court is unable to accept that in such cases, it is permissible to not comply with the principles of natural justice on the ground that even if same were complied with, it would serve no useful purpose. The right of a person in detention to consult a legal practitioner of his choice is a right guaranteed by the Constitution of India and it is not open for the State to dilute this constitutional on the ground that no purpose would have been served even if such consultation is permitted.” The observation came after Rehman challenged the order passed by a Sessions Court dated 13th August 2020 allowing prosecution’s application under sec. 43D of UAPA and extended the period of investigation and his detention till 17th September 2020. It was therefore claimed by Rehman that he was not afforded adequate opportunity to oppose the application for extension of period for completion of the investigation as he was not granted access to legal assistance and that despite orders passed by the concerned courts, he was not provided any opportunity to consult or instruct his lawyers. Furthermore, Rehman also challenged the order dated 14th August 2020 remanding him to police custody thereby praying from the High Court that his custody beyond the period of 24th August 2020, which was the last date for completing the investigation in terms of the earlier orders passed by the concerned court, be declared as illegal. An FIR was registered against Rehman under sec. 147, 148, 149, 120B of IPC on 6th March last year wherein subsequently further offences under sec. 302, 307, 124A, 153A, 186, 353, 395, 427, 435, 436, 452, 454, 109 and 114 of the IPC; sec. 3 and 4 of the Prevention of Damage of Public Property Act, 1984; and sec. 25 and 27 of the Arms Act, 1959 were added. Thereafter, on 19th April offences under sec. 13, 16, 17 and 18 of the UAPA were also included. Rehman was later arrested on 26th April and was remanded to police custody for a period of 10 days till 6th May 2020. Another application was moved by the prosecution seeking extension of the police custody for a further period of 10 days which was allowed by a Delhi Court. He was then remanded to judicial custody. On 24th July last year, an application was moved by the State for extension of time for completion of investigation which was partly allowed and the IO was directed to conclude the pending investigation till 24th August 2020. The same was contested by Rehman on the ground that the extension of time should not be allowed unless he had an effective opportunity to oppose the same. It was also the case of Rehman that despite various requests made by his counsel to the jail authorities for granting facility of VC consultations, the same was denied repeatedly. It was submitted on behalf of Rehman in the High Court that the impugned order was passed in violation of principles of natural justice as he was deprived of his right to consult his lawyer and make any meaningful submissions to oppose the State’s application for extension of time to complete the investigation. Moreover, it was also submitted that he had not been granted a fair opportunity to be heard. In addition, it was also submitted that that the reasons for extending time for completion of the investigation as recorded in the impugned order are not specific reasons as contemplated under Section 43-D of UAPA. On the other hand, the aforesaid submissions were refuted by ASG Raju by arguing that Rehman had no right to be heard to oppose the application seeking extension of time for completion of investigation and consequently, extending the period of custody. Moreover, it was also submitted that even assuming that Rehman was entitled to consultation with his advocate, the impugned order could not be interfered with Rehman had not shown that any prejudice was caused to him. Analyzing the status report by the Jail Superintendent filed in the matter, the Court opined that the same was incorrect and that Rehman was granted any opportunity to consult with his lawyer at the material time. “Undeniably, the petitioner has a right to consult a legal practitioner of his choice. As discussed above, the petitioner was effectively denied this constitutional right to consult with his advocate.” Observed the Court. Furthermore, the Court went ahead to observe thus: “The principle that a person against whom an adverse order may be passed, is required to be provided full material on the basis of which such order may be premised, is required to be curtailed to the aforesaid extent but no further. The petitioner has to be afforded an opportunity – however truncated it is – to present his reasons why further time for investigation may not be granted. The contention that the petitioner has no right to oppose the extension of time for completion of investigation is not persuasive. The conclusion of the learned court to the aforesaid effect is erroneous and therefore set aside.” Title: Shifa Ur Rehman v. NCT of DelhiShifa Ur Rehman was represented by Advocates Abhishek Singh, Amit Bhalla and Shreshtha Arya.Click Here To Read JudgmentTagsDetention Right To Consult Lawyer Of Choice Delhi High Court Jamia Alumi Association President Shifa Ur Rehman Justice Vibhu Bhakru Next Storylast_img read more

Selkirk College Saints Kick Off 2017 with Vital Weekend Test

first_imgIf the Selkirk College Saints are to claim British Columbia Intercollegiate Hockey League (BCIHL) supremacy in 2017, this weekend’s two-game series against the Simon Fraser University Clan will go a long way in setting the tone.The four-time defending league champion Saints launch the second half of the season Friday at 7 pm. in the Castlegar & District Recreation Complex.Heading into the weekend series with their Lower Mainland rivals, the Saints sit four points behind first place SFU who put together an impressive first half.last_img

Eight Championship stars wanted by Man United, Arsenal, Liverpool and Tottenham

first_imgThe Championship proved itself to be one of the most competitive leagues in the world once again this season as several teams battled it out to win the title.Even the fight to land a play-off place went down to the wire with former leaders Derby County ending up finishing the campaign in eighth spot.And amongst the ranks of these teams are some superb players who have impressed Premier League clubs in their pursuit of glory.But which second division stars might be plying their trade in the top flight next season as teams like Manchester United, Liverpool, Arsenal and Tottenham lurk. talkSPORT takes a look.Click the right arrow above to scroll through our gallery… 7 7 7 Derby County midfielder Will Hughes is among a group of Championship stars interesting a host of Premier League clubs – Click right to see which Wolves star will leave on a free transfer… – The England Under-21 star is unmissable on a football pitch with his shock of blonde hair and following Steve McClaren’s failure to get the Rams back into the Premier League the likeliness of Hughes remaining at iPro Stadium is slim. Liverpool have been long-term admirers and have been linked with a £15m move. Teddy Bishop (Ipswich) – See which Championship star is wanted by Liverpool by scrolling on… – Midfield starlet Bishop, 18, has had an excellent breakthrough season with Arsenal and Manchester United taking note of his superb displays in the centre of Mick McCarthy’s side. His copybook has, though, been blotted at the end of the campaign after he was charged with multiple breaches of the FA’s betting rules. 7 Tyrone Mings (Ipswich) – Click on to see the highly-rated England Under-20 star on the radar of three top clubs… – Picked up for £10,000 from Chippenham Town, the defender is impressing all who watch him at Portman Road, with West Ham and Arsenal both linked with moves for him. As well as his on-field talents, Mings is well known for his charitable acts, which includes feeding the homeless, giving tickets to fans and paying off all his mother’s debts. 7 Jordan Rhodes and Rudy Gestede (Blackburn) – Find out which charitable star is interesting Arsenal and West Ham by clicking right… – The Rovers duo hit 41 Championship goals between them this season but still couldn’t fire the Ewood Park side into the Premier League. A number of top flight sides have been casting their eyes over the Scotsman and his team-mate, including Southampton, Crystal Palace and Swansea and West Ham. Demarai Gray (Birmingham City) – Find out which other Ipswich star could be on the move to Manchester United or Arsenal by clicking right… – After bursting onto the scene last season, Gray’s stock has continued to rise with six goals in 41 Championship appearances. The Blues were able to ward off a £4.5m bid from Bournemouth in January but with Arsenal, Liverpool, Tottenham and Crystal Palace all lurking he could be snapped up this summer. 7 Bakary Sako (Wolverhampton Wanderers) – Which dynamic strike duo could be on the move this summer? Find out next… – The Mali international has starred at Molineux since signing from Saint-Etienne in 2012. Unfortunately for Wolves, the 27-year-old’s contract expires this summer and they have pleaded with the player not to join rivals Aston Villa or West Brom, who have been linked with moves for his services. 7 Sam Byram (Leeds United) – After seeing Southampton’s £4.5m bid for him rejected prior to the start of the season, versatile Leeds star Byram got his head down and has continued to progress well, at right-back and right-wing. Liverpool are reportedly readying an £8m bid this summer.last_img read more

Saudi Arabian club confirm capture of West Ham forward Modibo Maiga

first_img1 Saudi Arabian club Al Nassr have announced the signing of Modibo Maiga from West Ham – although the London club say nothing has been confirmed.A tweet from Al Nassr’s official account on Monday said that the 27-year-old Mali international had signed a two-year contract.But there has been no notification from the Hammers and, when contacted by Press Association Sport, a spokesman said nothing has been confirmed yet.The tweet from @AlNassrSaudiFCe read: “#ALNASSR signed a 2 year contract with former @whufc_official’s forward, Modibo Maiga. Congratulations.”Maiga joined West Ham for £4.7million from Sochaux three years ago but has since had loans at QPR and Metz.If he does leave, he does so having scored in West Ham’s 4-3 defeat to Bournemouth in the Premier League last weekend. Modibo Maiga last_img read more

Raiders release J.J. Nelson, promote Marcell Ateman

first_imgALAMEDA — The Raiders released wide receiver J.J. Nelson Thursday and signed Marcell Ateman, who made a U-turn from the waiver wire back to the 53-man roster.Nelson, signed in the off-season to provide a downfield receiving threat, missed the last two games with an ankle injury and coach Jon Gruden appeared to be growing frustrated with the inability of the wide receiver to be available for practices and games.After a strong training camp and exhibition season, Nelson was played in Week 1 …last_img

Terence Parkin: Deaflympics giant

first_img23 October 2009A silver medalist at the 2000 Olympics, deaf swimmer and cyclist Terence Parkin has dominated the Deaflympics like no other athlete, accumulating 29 medals over more than a decade. At the recent Fina Swimming World Cup in Durban, he showed that he can still challenge the best in the world.Lost among the world and South Africans records set at in Durban last weekend was a strong performance by Parkin in the men’s 200 metres breaststroke.Back in 2000, Parkin announced himself to the swimming world by winning silver in the same event at the Sydney Olympic Games.Now 29, Parkin made his return to “mainstream” competitive swimming a good one, clocking two minutes, 8.64 seconds – which, as 2000 Olympic Games team coach Wayne Riddin pointed out, was comparable to the times Parkin was swimming back in 2000.World Championship medalsParkin has been an exceptional performer for many years now. Back in 2000, at the Short Course World Championships in Athens, he won silver in both the 200 metres breaststroke and the 400 metres individual medley.Much like Michael Phelps has become a giant of the Olympics Games, culminating in his record-setting eight gold medals at the Beijing Games in 2008, so Parkin has become a giant in the world of the deaf at the Deaflympics.In 2001, at the Rome Deaflympics, Parkin claimed five titles – the 100 and 200 metres freestyle, the 100 and 200 metres breaststroke, and the 400 metres individual medley. That, however was merely a precursor to his astounding collection of results the the 2005 Deaflympics in Melbourne.2005 DeaflympicsIn that year, Parkin became the most successful competitor in the history of the Games, winning an incredible 12 gold medals and one silver.In the freestyle, he won the 100 and 400 metres in Games record times and captured the 200 and 1 500 metres with world records.He won the 50 metres breaststroke in a world time, and also claimed the 100 and 200 metres titles.To this he added the 200 metres butterfly, with another world record, as well as the 200 and 400 metres individual medley. Parkin was also part of another two world records, in the 4×100 medley relay and the 2×200 freestyle relay. His silver came in the 4×100 relay.His success spoke volumes about his fitness, competitive drive, and sheer talent.Thanks mostly to Parkin, South Africa came in third place overall on the medals table with a haul of 19, including 13 gold, four silver and two bronze medals.2009 DeaflympicsIn recent times, Parkin’s focus has been on cycling, but he was back in the pool for the 2009 Dealympics in Taipei and, once again, was on the winning trail.He was unbeaten in the swimming in the seven events he entered, claiming gold in the 50, 100, and 200 metres breaststroke, the 200 and 400 metres individual medley, and the 200 and 1 500 metres freestyle.On top of this, he proved he was excellent at cycling too by finishing third in the 93-kilometre road race.Parkin’s cycling success shouldn’t have surprised anyone. In 2006, he won gold at the World Deaf Cycling Championships in the road race and picked up silver in the mountain bike event.With Parkin leading the way, South Africa finished eighth on the 2009 Deaflympics medals table with eight gold, two silver and two bronze medals.That he managed this success at the age of 29 confirms Parkin as an exceptional athlete, and the most successful athlete in the history of the Deaflympics, much like Phelps in the Olympics.Deaflympic medals haulParkin has now accumulated 29 medals in four visits to the Deaflympics. Prior to Melbourne 2005, he claimed seven medals in Copenhagen in 1997: gold in the 200 freestyle, silver in the 100 backstroke, bronze in the 200 backstroke, gold in the 100 and 200 breaststroke, and gold in the 200 and 400 individual medley.A loyal supporter of South Africa’s Midmar Mile, the world’s largest open water swimming event, which he won in 2000 and 2002, Parkin received a cheque for R20 000 from the organisers in 2009. The Deaf Association of SA was also presented with a cheque for R20 000.Through his interpreter, Parkin responded: “Thank you, thank you. Midmar Mile has been very much part of my life and will always be. I will be here next year, and who knows what I may be able to do then.”Would you like to use this article in your publication or on your website? See: Using SAinfo materiallast_img read more

Proudly flying the Blue Flag on SA beaches

first_imgSouth Africa’s coastline sparkles! No less than 41 South African beaches and five marinas have been awarded international Blue Flag status for the 2013/14 season for excelling in safety, cleanliness, provision of amenities and environmental information and management. The programme also provides environmental accreditation to whale-watching boats, as well as commercial and private boats. In 2013, for the first time, marine protected areas (MPAs) were included in the International Blue Flag Criteria. Blue Flag is the prestigious, voluntary eco-label for beaches, marinas and boats that is recognised as a trusted symbol of quality. It is regarded by the World Tourism Organisation as the most well-known international eco-label and gives local and foreign visitors the knowledge that their beaches are clean, environmentally sound and adhere to international safety and other tourist standards. The Blue Flag website offers information on each beach’s location, number of lifeguards, parking, average water temperature, special birds or animals that can be seen, as well as available facilities. South Africa joined the campaign in 2001 as the first country outside Europe to participate. Four beaches were awarded Blue Flags that year. Now 41 beaches have been awarded Blue Flag status. And five South African marinas have also been awarded full certification: Thesen Island in Knysna; the Yachtport in Saldanha; Granger Bay Water Club and False Bay Yacht Club in Cape Town; and the Royal Alfred Marina in the Ndlambe Municipality in the Eastern Cape. The voluntary eco-label is given to beaches that meet 33 main criteria spanning four aspects of coastal management: water quality, environmental education and information, environmental management, and safety and services, which include excellent life-saving standards, top-rate parking and sparkling ablution facilities. Local authorities report a number of spin-offs from being awarded Blue Flag status, including an increase in visitors, improved behaviour on the part of beach-goers, property prices rising for homes near Blue Flag beaches – and visitors enjoying a well cared-for and managed beach.South Africa’s Blue Flag beaches 2013/14 Eastern Cape Northern Cape Boknes Beach, near Port AlfredDolphin Beach, Jeffrey’s BayHumewood Beach, Port ElizabethKariega Beach, Kenton-on-SeaKelly’s Beach, Port AlfredKings Beach, Port ElizabethMiddle Beach, Kenton-on-SeaKleinemonde Beach Alkantstrand, Richards BayLucien Beach, South CoastMarina/San Lameer Beach, South CoastSouthport, South CoastTrafalgar Beach, South CoastUmzumbe (Pumula) Beach, South Coast McDougalls Bay Beach, Port Nolloth (Richtersveld) Blue Flag whale-watching boats: Whale Whisperer (Gansbaai) and Damara, Gaia (Plettenberg Bay). Blue Flag commercial boats: Robberg Express (Plettenberg Bay) Blue Flag private boats: Yacht Fling (Port Elizabeth) Visit the Blue Flag website for more information on the awarded beaches: Western Cape Eastern CapeKwaZulu-Natal Northern CapeWestern Capecenter_img KwaZulu-Natal Wildlife and Environment Society of SA: wessa.org.zaDepartment of Environmental Affairs: www.environment.gov.za Bikini Beach, Gordon’s BayBrenton-on-Sea, near KnysnaBuffalo Bay beach, near KnysnaCamps Bay Beach, Cape TownClifton 4th Beach, Cape TownDe Bakke, Mossel BayGouritsmond, near Mossel BayGrotto Beach, HermanusHartenbos Beach, Mossel BayHawston Beach, near HermanusKeurboomstrand, near Plettenberg BayKleinbrak Beach, near GeorgeKleinmond Beach, near HermanusLappiesbaai Beach, StilbaaiLlandudno, Cape TownMnandi Beach, Cape TownMuizenberg Beach, Cape TownNatures’ Valley, near Plettenberg BayPreekstoel, near Still BayRobberg 5th, Plettenberg BaySantos Beach, Mossel BaySilwerstroom, Cape TownStrandfontein Beach, near Cape TownStrandfontein Beach, Vredendal, West CoastWilderness Beach, near GeorgeWitsand Beach, mouth of the Breede River Blue Flag South Africa: blueflag.org.za History of the Blue Flag in SA The Blue Flag initiative was born in France in 1985, with the first coastal municipalities awarded the Blue Flag on the basis of sewage treatment and bathing water quality. The concept has since grown to include other criteria, and there are now almost 4 000 Blue Flag beaches and marinas in 41 countries around the world. Blue Flag is managed in South Africa by the Wildlife and Environment Society of South Africa, in partnership with the Department of Environmental Affairs and Tourism and participating coastal authorities under the department’s Coast Care programme. Coast Care gives financial and technical help for coastal development projects aimed mostly at poor communities, as well as offering education, training and research services. SAinfo reporter Reviewed: December 2013 Would you like to use this article in your publication or on your website? See: Using SAinfo materiallast_img read more

Our Champions Take On The World

first_imgFour Australian Touch Football representatives have been named in the Australian Women’s squad with just under a month to go before the start of the Women’s Rugby World Cup Sevens 2013 event in Moscow.Emilee Cherry, Charlotte Caslick, Nikki Etheridge and Rebecca Tavo were all selected for the tournament as Australia looks to defend its title as world champions of the newest Olympic sport.Rebecca Tavo has achieved World Cup success before, both in Rugby Sevens and Touch Football. While she was a part of the Sevens squad that won the last Rugby World Cup Sevens tournament in 2009, Tavo also contributed to the success of the Australian Touch Football Women’s Open team in the 2010 Trans Tasman Series and the 2011 World Cup, while she was also a member of the Mixed Open side at the 2007 World Cup. Emilee Cherry is another member of the squad that has achieved a World Cup victory in Touch Football, having also played in the Australian Women’s Open team at the 2011 World Cup in Scotland. To add to this international experience, Cherry has competed in four Trans Tasman clashes; two at an Open’s level and two Youth tours, including debuting for the Women’s Open team at just 17 years of age.Cherry has proven her skills on the Touch Football field are interchangeable across the two codes, being awarded the Australian Rugby Union Women’s Player of the Year in 2012.Charlotte Caslick is another proven international, having represented Australia in Touch Football in the 2012 and 2013 Trans Tasman Series events in the Women’s Open division after debuting as a 15-year-old in the Australian 18’s Girls team at the 2011 Youth Trans Tasman Series. Nikki Etheridge is another Touch Footballer who will draw on her international experience to help during the Women’s Sevens campaign. Etheridge made her Australian Touch Football debut in the 2009 Trans Tasman Series in the Mixed Open division, an achievement she repeated at the 2012 Trans Tasman Series.Touch Football Australia would like to congratulate Rebecca, Emilee, Charlotte and Nikki on their selection and we wish them the best of luck in Moscow.Related LinksFour In World Cup Squadlast_img read more

10 months agoTottenham striker Kane best no.9 in the world says Keane

first_imgAbout the authorFreddie TaylorShare the loveHave your say Tottenham striker Kane best no.9 in the world says Keaneby Freddie Taylor10 months agoSend to a friendShare the loveTottenham Hotspur star Harry Kane is the best number nine in the world, according to former Spurs star Robbie Keane.The Englishman has quietly gone about his business this season, once again blasting in goals left, right and centre.Kane currently has 20 goals in 30 appearances this season, which has taken him to fourth on the all-time scoring list at Tottenham. And Keane thinks he will continue adding to that tally.”I’m sure he’ll stay at this club for a long time. He loves it here. There’s no question that he cannot get to Jimmy Greaves’ record,” Keane, who banged in over 100 goals for Spurs, told Sky Sports.”What I like about Harry is that… everyone keeps talking about ‘ah, next year is he going to be good?’ He keeps doing it.”I’m sick of people saying ‘is he tired?’ because he keeps banging the goals in and that spurs him on.”When you speak to him he gets annoyed when people keep mentioning it and then he just keeps coming on the pitch and keeps scoring goals.”For me at this moment in time, he’s the best No. 9 in the world.” last_img read more

Alberta to ease oil production cut again cites lower storage levels

first_imgShe says that is why the province plans to move more oil by rail as Alberta fights for the long-term solution of building pipelines to new markets. EDMONTON, A.B. – Premier Rachel Notley says Alberta will again ease mandatory oil production cuts due to lower storage levels.The province says it will allow increased production by 25,000 barrels per day in April.This will be the second increase since December when the government ordered production of raw crude oil and bitumen to be cut by 325,000 barrels per day to deal with low prices. The first increase was on Jan. 30 when Notley announced the province would allow increased production by 75,000 barrels per day.The government says oil storage levels are trending downward and the price difference between Alberta heavy oil and West Texas Intermediate remains narrow.The province also says warmer weather in spring could mean less diluent will be needed in pipelines, which helps oil flow easier.“As we fight to get full value for the resources owned by all Albertans, we know that our plan is working as we continue to reduce the amount of oil we have in storage,” Notley said Thursday in a release.“The decision to temporarily limit production was applied fairly and equitably, and our plan is working to stop allowing our resource to be sold for pennies on the dollar.”Notley says the short-term production limit is not ideal or sustainable.last_img read more