CRDB Bank Plc (CRDB.tz) Q32016 Interim Report

first_imgCRDB Bank Plc (CRDB.tz) listed on the Dar es Salaam Stock Exchange under the Banking sector has released it’s 2016 interim results for the third quarter.For more information about CRDB Bank Plc (CRDB.tz) reports, abridged reports, interim earnings results and earnings presentations, visit the CRDB Bank Plc (CRDB.tz) company page on AfricanFinancials.Document: CRDB Bank Plc (CRDB.tz)  2016 interim results for the third quarter.Company ProfileCRDB Bank Plc is a wholly-owned private commercial bank in Tanzania offering a comprehensive range of retail, commercial, corporate, treasury, premier and wholesale microfinance services. The company has an extensive infrastructure of branches, ATMs and deposit and mobile terminals and uses a vast network of Fahari Huduma agents which are microfinance agents. The retail division offers financial solutions which range from current and fixed deposit accounts to home purchase and construction loans, refinancing and cash back services. The corporate division provides financial service across the board; including documentary collection, letters of credit, guarantees, structured trade finance, treasury services and foreign exchange risk management. Established in 1996, CRDP Bank Plc has three subsidiary companies; CRB Bank Plc Burundi, CRDB Microfinance and CRDB Insurance Brokers.CRDB Bank Plc is listed on the Dar es Salaam Stock Exchangelast_img read more

Constance La Gaiete Company Limited (CSE.mu) HY2016 Interim Report

first_imgConstance La Gaiete Company Limited (CSE.mu) listed on the Stock Exchange of Mauritius under the Agri-industrial sector has released it’s 2016 interim results for the half year.For more information about Constance La Gaiete Company Limited (CSE.mu) reports, abridged reports, interim earnings results and earnings presentations, visit the Constance La Gaiete Company Limited (CSE.mu) company page on AfricanFinancials.Document: Constance La Gaiete Company Limited (CSE.mu)  2016 interim results for the half year.Company ProfileConstance La Gaiete Company Limited is headquartered in Port Louis and is involved in the farming and production of sugarcane. Constance La Gaiete Company Limited’s activities in the agro industry include the production of food crops, fruits (principally pineapples), and livestock (mainly broiler chicken). The company is also involved in real estate projects. Constance La Gaiete Company Limited is listed on the Stock Exchange of Mauritius.last_img read more

Lions 2013: The final Thank Yous

first_imgHe may be a legendary figure in Wales now, but surely he is worthy of praise in all four unions now that he has guided the Lions to victory?Whatever tag or title he gets from here on in, it must be noted that he is part of an elite group of coaches, forever deserving of some form of praise. SYDNEY, AUSTRALIA – JULY 06: Leigh Halfpenny of the Lions breaks with the ball during the International Test match between the Australian Wallabies and British & Irish Lions at ANZ Stadium on July 6, 2013 in Sydney, Australia. (Photo by David Rogers/Getty Images) The full-back was bankable in defence and continued to run lines that saw him evade capture and set up two sensational tries in the last Test. When you consider that, and his near-flawless kicking for posts, he was the stand out candidate for Man of the Series.Noting that there was no off-field incidents? Well the entire backroom staff must be congratulated for their efforts in safely ferrying the squad to and from massive clashes and training, while at the same time ensuring they never acted out of step on any social excursions. Andy Irvine will be modest about it all, but the efforts of his team behind the scenes was remarkable.Gliding by: Halfpenny sets up a decisive score in Test threeThen, after all the fawning and praise we get to the man making the big decisions: Warren Gatland.He may feel vindicated, after his bold calls were panned from coast to coast, but having strength in his convictions paid off. Without his final display of will the Lions may not have made it.We will never know, but he was true to his own instincts rather than pandering to the different nations. He picked the team he felt was fit for purpose and it worked. LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS A gallery of Lions greats: Now that it is all over, there are certain men who will go down in history following the tourBy Alan DymockNOW THAT it is all over and you’ve had your say on what was the team of the tour and who was the man of the series and who will be the most entertaining on the behind-the-scenes DVD, all that remains is to thank the British and Irish Lions for winning against Australia.There are so many thanks to give, though, and already there must be calls to commemorate the few great men who won the Tom Richards Cup after 16 years of pining for success.Victorious medics: Triumphant Doctors Roberts and RobsonFirstly, Brian O’Driscoll must be thanked for soldiering through a fourth Lions tour. Although he was controversially left out of the third and deciding Test in Sydney, he played a vital role throughout the trip and will go down in history regardless, due to his almost-unwavering involvement (OK, there was foul play in ’05 which ended his tour) and for finally winning one.To tour with the Lions once lifts a player into a whole new echelon, so to win a tour on the fourth time of asking certainly merits a player being called legendary.Of course, if you are going to mention the brilliant player who has been on four trips you have to bow in reverence of Dr. James Robson who has worked his magic on five separate tours and who must have gotten several hundred pats on the back for his and the rest of the medical team’s efforts in getting George North, Jamie Roberts and Tommy Bowe ready for the Tests as well as aiding many, many more. If you ask some, he is a shoe-in for a knighthood, come honours time.Then there is Leigh Halfpenny and his right boot, so cultured that Damien Hirst must be dying to put it in a tank.last_img read more

Cerrada de Cortés / DCPP Arquitectos

first_img 2011 Save this picture!© Onnis Luque+ 19 Share Cerrada de Cortés / DCPP ArquitectosSave this projectSaveCerrada de Cortés / DCPP Arquitectos ArchDaily “COPY” Year:  Cerrada de Cortés / DCPP Arquitectos “COPY” Houses CopyHouses•San Luis Potosi, Mexico ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/427945/cda-de-cortes-dcpp-arquitectos Clipboard Mexico Photographs Area:  325 m² Area:  325 m² Year Completion year of this architecture project Year:  Projects Architects: dcpp arquitectos Area Area of this architecture project photographs:  Onnis LuquePhotographs:  Onnis LuqueSave this picture!© Onnis LuqueText description provided by the architects. Cerrada de Cortes is a residential project located in San Angel, south of Mexico City. The plot has a rectangular shape and its dimensions are 13 x 36 meters. The main idea for the house was to create an open space on the ground floor for all the public activities, with the possibility of generating a series of different configurations. Save this picture!© Onnis LuqueThis space is always in direct relation with the exterior, and has its counterpart in the upper level which hosts the private area which at the same time defines the space. We sought to have the greatest exterior area possible always related to the public area with a covered transitional space.Save this picture!© Onnis LuqueThe project was solved leaving the ground floor free of structure, generating a continuous and transparent space which is in constant dialogue with the exterior. A covered terrace works as the space in between inside and outside. The private area is concentrated in the upper level which makes this space have a particular configuration. This space is more defined and works as the house’s structure.Save this picture!Floor PlanProject gallerySee allShow less2013 PARK(ing) Day MapArchitecture NewsNew Town Hall in Pizarra / Colmenares Vilata AquitectosSelected Projects Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/427945/cda-de-cortes-dcpp-arquitectos Clipboard 2011 CopyAbout this officeDcpp ArquitectosOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesSan Luis PotosiHousesMexicoPublished on September 19, 2013Cite: “Cerrada de Cortés / DCPP Arquitectos” 19 Sep 2013. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPartitionsSkyfoldChoosing the Skyfold Wall for Your SpaceGlass3MGlass Finish – FASARA™ GeometricShower ColumnshansgroheShoulder ShowersPanels / Prefabricated AssembliesMorin Corp.Metal Wall Systems – ExposedStonesCosentinoSurfaces – Dekton® Stonika SeriesConcrete FloorsSikaIndustrial Floor CoatingsHanging LampsLouis PoulsenPendant Lights – KeglenDoorsSky-FrameInsulated Sliding Doors – Sky-Frame SlopeThermalSchöckMinimizing Thermal Bridges in BalconiesWindowspanoramah!®ah! Ultra MinimalistEnclosures / Double Skin FacadesAlucoilStructural Honeycomb Panels – LarcoreWork ChairsDynamobelWork Chair – SLAT 16More products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my streamlast_img read more

Web site solution for Membership organisations

Advertisement About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. Howard Lake | 20 September 2000 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Web site solution for Membership organisations Horwath Consulting have announced MEMBEReASE„¢, “the only comprehensive website solution aimed exclusively at member based organisations.” The fixed-price package is designed to fulfil the on-line requirements of Associations, Trade Bodies, Trade Unions and other organisations that exist to serve their members.Find out more from Horwath Consulting, and view UK Fundraising’s directory of software solutions for fundraisers.  14 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis read more

Men’s tennis routs USF, 6-1

first_imgLinkedin Previous articleNew athletic director discusses future of athleticsNext articleReview: “Altered Carbon” is binge-worthy, but lacking Ben Auten RELATED ARTICLESMORE FROM AUTHOR Another series win lands TCU Baseball in the top 5, earns Sikes conference award + posts ReddIt Ben Auten Linkedin Twitter Center for International Studies creates new study abroad option What we’re reading: Congress making moves Ben Autenhttps://www.tcu360.com/author/ben-auten/ Facebook Ben Autenhttps://www.tcu360.com/author/ben-auten/center_img Ben Autenhttps://www.tcu360.com/author/ben-auten/ Ben Auten is a junior sports broadcasting major from Charleston, South Carolina. He is an avid sports fan; he especially loves college basketball, baseball, and soccer. Twitter Facebook Ben Autenhttps://www.tcu360.com/author/ben-auten/ New medical school will not reserve seats for TCU students Neeley School professor hosting ‘Entrepreneurship Boot Camp’ printNo. 18 TCU defeated the University of South Florida (USF) Friday night behind two impressive performances from senior Trevor Johnson to improve to 4-2 this season.Johnson and his doubles partner, freshman Max Kurzban, beat USF’s Jakub Wojcik and Jourdan Kast 6-4 to seal the doubles point for the Horned Frogs.Then, in his singles match against No. 68 Alberto Barroso-Camp, Johnson won 6-3, 7-6 (18-16) in a wild second set. That win put the Frogs up 4-0 in the match.Head coach David Roditi was impressed with Johnson’s performance.“The level that Trevor played at against a great No. 2 player for USF makes me really proud of him,” he said.TCU also got solid performances from No. 36 Alex Rybakov and Guillermo Nuñez as they won their doubles match.Alex Rybakov on Friday night at the Bayard H. Friedman Tennis Center. Courtesy of TCU Men’s Tennis TwitterRybakov also defeated USF’s Grayson Goldin 7-6 (7-2), 6-1 while Nuñez made quick work of Wojcik in his singles match, winning 6-0, 6-0.Roditi said Nuñez “played at a really high level,” and gave the Frogs a nice boost Friday night.USF’s lone point came as Pierre Luquet defeated junior Reese Stadler 6-3, 3-6, 7-6 (7-3), but by then the match had already been decided.Up Next: TCU will make a short trip to Dallas to take on rival SMU (3-5)  Feb. 11 at 4:30 p.m. TCU rowing program strengthens after facing COVID-19 setbacks ReddIt TCU baseball finds their biggest fan just by saying hellolast_img read more

Prosecutor attacks journalist for tarnishing country’s international image

first_img September 25, 2007 – Updated on January 20, 2016 Prosecutor attacks journalist for tarnishing country’s international image The prosecutor in Hrodna, eastern Belarus, has summoned two independent journalists and threatened them with legal action for “working without accreditation” and for “bringing the international image of Belarus into disrepute”, following the publication of articles on local police negligence.A warning received by Ivan Roman, correspondent for Polish-based Radio Racyja, on 3 September 2007, related to a case in which local police moved offices leaving behind criminal records, photographs of crime victims, as well as prosecution exhibits, including three fingers in a test tube. The journalist said photos of the items posted online backed up his report.“Without commenting on the unusual nature of the report produced by this journalist, we stress the importance we attach to freedom of information in Belarus, which should not be limited by threats of any kind,” Reporters Without Borders said.“Seeking to punish a journalist for tarnishing the international image of a country like Belarus seems as inappropriate as were the blunders made by the police in this case,” it said.Roman said he had refused to give way to what he called “intimidation”, but feared that the prosecutor could come back with a solid case against him. Other articles he has written, including in the run-up the 2006 presidential elections, could be used against him. He would then face up to two years in prison. The prosecutor in Hrodna, eastern Belarus, has summoned two independent journalists and threatened them with legal action for “working without accreditation” and for “bringing the international image of Belarus into disrepute”, following the publication of articles on local police negligence. May 28, 2021 Find out more BelarusEurope – Central Asia Russian media boss drops the pretence and defends Belarus crackdown BelarusEurope – Central Asia News to go further RSF_en RSF at the Belarusian border: “The terrorist is the one who jails journalists and intimidates the public” “We welcome opening of criminal investigation in Lithuania in response to our complaint against Lukashenko” RSF sayscenter_img The authorities also accuse Roman of not having official accreditation. A second journalist in the same situation is Ales Karniyenka, another contributor to Radio Racyja, who received a warning from a prosecutor on 22 September that he was working as a correspondent without being accredited by the state.He is the fifth journalist to face the threat of losing his right to work. The other cases are those of Anatol Hatowchyts, working for RFE/RL, Natallya Makushyna, of Deutsche Welle, Yuliya Salnikawa working for DW and Ivan Roman.Radio Racyja and a satellite TV channel due to start broadcasting from Poland at the beginning of 2008, are among a group of EU-funded projects designed to create a media corridor. June 2, 2021 Find out more News News Receive email alerts Follow the news on Belarus Organisation Help by sharing this information News May 27, 2021 Find out morelast_img read more

US Department of Defense must revise the Law of War Manual

first_img WhatsApp blocks accounts of at least seven Gaza Strip journalists August 11, 2015 – Updated on June 6, 2016 US Department of Defense must revise the Law of War Manual Reporters Without Borders has written to US Secretary of Defense Ashton Carter to highlight its concerns regarding certain provisions of the United States Department of Defense Law of War Manual as they relate to journalists and censorship. The organization is asking him to consult press freedom organizations and media outlets in order to revise the sections regarding journalists.US Secretary of Defense Ashton Carter Department of Defense 1400 Defense Pentagon Washington, DC 20301-1400 USAWashington DC, August 11, 2015Dear Secretary of Defense Ashton Carter,Reporters Without Borders, an international organization that defends freedom of information, would like to share with you its concerns regarding certain provisions of the United States Department of Defense Law of War Manual as they relate to journalists and censorship.The manual gave rise to criticism by using the category “unprivileged belligerents” to potentially include journalists. The term appears to be a synonym for the more commonly used “unlawful combatants” to designate a category of persons that do not benefit from the protections accorded to lawful combatants – members of armed forces that correctly apply the rules of law – and civilians. Journalists typically benefit from the same protections as civilians under the Geneva Conventions, their Additional Protocols, as well as Customary International Law. This principle has also appeared in previous United States war manuals and handbooks. The new manual notes that “in general, independent journalists and other media representatives are regarded as civilians; i.e., journalism does not constitute taking a direct part in hostilities such that such a person would be deprived of protection from being made the object of attack.” The manual further states that activities of “mere sympathy or moral support for a party’s cause” and “independent journalism or public advocacy” do not give rise to journalists losing their privilege. Just as any civilian can forfeit their “privileged” status by actively engaging in hostilities, so too can journalists. It is precisely on this point that the new manual takes a dangerous stance, stating that “in some cases, the relaying of information (such as providing information of immediate use in combat operations) could constitute taking a direct part in hostilities.” This terminology leaves too much room for interpretation, putting journalists in a dangerous position. Reporters Without Borders is equally concerned by the following provisions equating journalism with spying: “reporting on military operations can be very similar to collecting intelligence or even spying.” Likening journalistic activity to spying is just the kind of ammunition certain repressive countries like Iran, Syria, and China would seek out to support their practices of censorship and criminalization of journalists. Such a statement on the part of the DOD is extremely alarming, especially considering the Department’s influence both within the United States and abroad on US military practice. What will happen when foreign governments who routinely violate the Law of War and seek to challenge its applicability look to this manual for validation? The fact that the DOD justifies censorship of journalists’ work is furthermore outrageous: “states may need to censor journalists’ work or take other security measures so that journalists do not reveal sensitive information to the enemy.” States actually have a duty to protect journalists covering armed conflicts, as the latest United Nations Security Council resolution on this issue has stated. We are therefore disappointed that this manual takes a step in the wrong direction. It is becoming more and more difficult and dangerous to work as a journalist around the world. 2014 has been marked by extreme violence towards journalists all across the globe, including carefully staged beheadings. According to the Reporters Without Borders Annual Roundup, 66 journalists were killed in 2014, and two-thirds of them were killed in war zones.The document states that it is “not a substitute for the careful practice of law. As specific legal issues arise, legal advisers should consider relevant legal and policy materials (e.g., treaty provisions, judicial decisions, past U.S. practice, regulations, and doctrine), and should apply the law to the specific factual circumstances.” Even if the authors of the manual have themselves disclaimed its legal value, the nearly 2,000-page document still has the potential to influence the interpretation and application of the law of war to US military forces. We urge you to consult press freedom organizations and media outlets in order to revise the sections regarding journalists.I thank you in advance, Secretary Carter, for the attention you give to this letter.Sincerely,Christophe DeloireSecretary-GeneralReporters Without Borders (RSF) has become the largest press freedom organization around the world and is celebrating 30 years of accomplishments. Thanks to its unique global network of 150 local correspondents investigating in 130 countries, 11 national offices and a consultative status at the UN and UNESCO, RSF is able to have a global impact, gather on-the-ground information, conduct major advocacy campaigns, and assist and defend news providers all across the world. United StatesAmericas June 3, 2021 Find out more Organisation United StatesAmericas News News Receive email alerts Facebook’s Oversight Board is just a stopgap, regulation urgently needed, RSF sayscenter_img Follow the news on United States Help by sharing this information June 7, 2021 Find out more NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say RSF_en to go further News News April 28, 2021 Find out morelast_img read more

Call for new investigating judge in Brignol Lindor case after five years of impunity

first_img Help by sharing this information November 30, 2006 – Updated on January 20, 2016 Call for new investigating judge in Brignol Lindor case after five years of impunity Receive email alerts News RSF_en Five years after the murder of Radio Echo 2000 journalist Brignol Lindor on 3 December 2001 in Petit-Goâve, justice has still not been done. In an open letter to President René Préval and prosecutor Claudy Gassant, Reporters Without Borders calls for the appointment of a new investigating judge. Another journalist murdered in Haiti Organisation Violence against the press in Haiti: RSF and CPJ write to Minister of Justice November 14, 2019 Find out more Follow the news on Haïti October 11, 2019 Find out more HaïtiAmericas For the attention of:Mr. René Préval, President of HaitiMr. Claudy Gassant, public prosecutor at the Port-au-Prince courtDear Mr. President,Dear Mr. Prosecutor,Five years have passed since Radio Echo 2000 journalist Brignol Lindor was stoned and hacked to death on 3 December 2001 in Petit-Goâve. These five years of judicial paralysis and impunity lead Reporters Without Borders to ask you to intervene so that a new investigating judge may be appointed to this case as soon as possible.Our organisation notes with sadness and anger that the supreme court (cour de cassation) has rejected the Lindor family’s request to be granted civil party status in the case. This decision surprises us for more than one reason. Firstly, the Lindor family turned to the supreme court on 21 April 2003 after an unfavourable response from the appeal court. We find it hard to grasp how and why the Lindor case was left pending at the supreme court for two years, as the court was supposed to issue a ruling within two and a half months of the request being submitted. We regret the decision above all because, in practice, it confirms the end of the investigation and, therefore, impunity for this murder.Everything seems to have been done to conceal the premeditated and planned nature of Lindor’s murder, although this was established in a report by the Citizen Commission for the Implementation of Justice (CCAJ) that was submitted to the ministry of justice in July 2004.Four days before Lindor’s murder, a press conference was held in Petit-Goâve on 29 November 2001 by several local figures linked to former President Aristide’s party, Fanmi Lavalas, including Petit-Goâve mayor Emmanuel Antoine and his deputy, Bony Dumay, who launched into a violent verbal attack on the opposition Democratic Convergence coalition and Lindor, considered to be one of its allies. Another meeting was held on 2 December, the eve of his murder, this time between municipal officials and members of “Domi nan Bwa,” an armed group linked to Fanmi Lavalas. One of Domi nan Bwa’s chiefs, Joseph Céus Duverger, was attacked the next morning by presumed Democratic Convergence supporters. This incident was used as a pretext for the targeted reprisal against Lindor later in the day. Evidence of this comes from the fact that around 10 Domi nan Bwa members were on the point of executing Democratic Convergence member Love Augustin at his home but, when Lindor arrived on the scene, they let him go and seized Lindor.Despite all these facts, the indictment issued by judge Fritner Duclair on 16 September 2002 failed to bring any charges any of the presumed instigators of Lindor’s murder. No Petit-Goâve municipal officials were ever questioned or detained. Charges were brought against 10 Domi nan Bwa members who took part in the murder but, according to the Lindor family lawyer, none of them was ever detained. One of the presumed killers, Joubert Saint-Just, was detained by the inhabitants of nearby Miragoâne on 30 March 2005 and handed over to the police, but that was for an unrelated reason.We are aware of the enormous challenge that the reconstruction of an honest and effective judicial system represents in Haiti. This process will not be able to take place if Lindor’s murder remains unpunished. It means, as we stressed in our letter of 31 March, that the truth of the case of Radio Haïti Inter director Jean Dominique, who was murdered in Port-au-Prince on 3 April 2000, must also brought to light. The solving of these two cases is a necessary part of the restoration of the rule of law in Haiti.I look forward to your response,Sincerely,Robert MénardSecretary-General Journalist shot dead amid anti-government protests in Haiti News HaïtiAmericas News News to go further June 11, 2019 Find out morelast_img read more

‘If We Don’t Finish Arguments Today, We Will Post Case After Vacations’ : Bombay HC During Arnab Goswami Case Hearing; Arguments In Progress

first_imgTop Stories’If We Don’t Finish Arguments Today, We Will Post Case After Vacations’ : Bombay HC During Arnab Goswami Case Hearing; Arguments In Progress LIVELAW NEWS NETWORK7 Nov 2020 2:43 AMShare This – xThe hearing of the Republic TV Chief Arnab Goswami’s habeas petition against his arrest and remand in the 2018 abetment to suicide case is progressing in the Bombay High Court in a special sitting on Saturday. A division bench of Justices SS Shinde and MS Karnik told the lawyers that they need to complete the arguments on the point of interim relief today itself and that the bench…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 hearing of the Republic TV Chief Arnab Goswami’s habeas petition against his arrest and remand in the 2018 abetment to suicide case is progressing in the Bombay High Court in a special sitting on Saturday. A division bench of Justices SS Shinde and MS Karnik told the lawyers that they need to complete the arguments on the point of interim relief today itself and that the bench was not going to hold a sitting on Sunday.”We are not going to sit on Sunday for further hearing…If we don’t finish the arguments today, we will post the case on November 23 after vacations”, Justice Shinde said during the course of the hearing.”Our difficulty is that tomorrow we are not sitting. From Monday onwards vacations start. We are only on interim relief issue today”, Justice Shinde added.The bench said that it needs to hear the State as well today for considering the prayer for interim release. Aggarwal referring to the CJM’s order.Justice Shinde : Mr. Aggarwal, we are not going to refer to the Magistrate’s order because revision is pending against it.#BombayHC #RepublicTV #ArnabGoswami— Live Law (@LiveLawIndia) November 7, 2020 At the time of reporting, the court was on lunch break, after which it will resume hearing Senior Advocate Amit Desai for the Maharashtra police. Live Updates from the hearing are available here. The Bench was hearing the Habeas Corpus petition and a bail application filed by Goswami seeking interim release. It also heard Advocates Vijay Agarwal and Nikhil Mengde for a co-accused in the matter,Nitish Sarda and Praveen Rajesh Singh, respectively. The Court had sought clarifications on the scope of power under Article 226 of the Constitution to grant bail. Power of a Writ Court to grant Bail Justice Shinde observed that the Petitioner had the remedy of seeking regular bail before the Court of Sessions, under Section 439 of CrPC. “There are remedies under CrPC under Sections 438/439. Still, we are not understanding why the petitioners are not availing such remedies and seek interim bail in a writ petition. It will send a wrong signal that though Sec 439 is there HC can be approached in writ. This will be undermining the authority of courts below,” he opined. However, the counsels insisted that the High Court has the power to directly entertain petitions for bail exercising jurisdiction under Article 226, if arrest is illegal and an exceptional case is made out. Advocate Aggarwal said that he had appeared in a case before Justice SJ Kathawalla, where the Bench ordered in a writ petition to forthwith release a woman who was illegally arrested by a male officer and fine was imposed on the officer. “Supreme Court has ordered release of arrested persons under Article 32. Article 226 is wider than Article 32,” he added. Background Goswami, who was remanded to 14-day judicial custody by CJM, Alibag on Wednesday, was arrested from his Mumbai residence in connection to the 2018 case, which was closed by the Raigad police last year, saying that they did not find evidence against the accused named in the suicide note, including Goswami. The case has now been reopened by the Police, which has been disputed by Goswami. He had moved the High Court stating that police do not have the power to suo moto re-open the case without getting a judicial order, after the Magistrate passed a closure order in the case in 2019 based on the report submitted by police then. The Division Bench had extensively heard Senior Advocates Harish Salve and Abad Ponda, for Goswami, on November 5 and November 6. Two main arguments raised by them was that (i) the case is politically motivated and (ii) even if allegations are admitted, no case under Section 306 (Abetment of suicide) of IPC is made out. State’s Arguments The State Government on the other hand disputed the maintainability of the petition. Advocate Amit Desai submitted that habeas petitions are not maintainable for bail. He further pointed out that habeas is not maintainable against judicial order of remand. “No writ of habeas corpus can be issued if a person is in custody in pursuance of a judicial order,” Desai argued. Reliance was placed on State of Maharashtra & Ors. v. Tasneem Rizwan Siddiquee, 2018 (9) SCC 745. Other Developments Case of Co-accused Appearing for the co-accused Nitish Sarda, Advocate Vijay Agarwal had told the Court that the Raigad Police had booked his client alongside Goswami Section 306 of IPC read with Section 34 (common intention), despite their being strangers to each other. “Only three names are given in the suicide name. This is the only basis for FIR. They are three different persons, three different businessmen. Section 34(common intention) is also invoked along with 306. Three strangers and common intention? Three different people in three different areas. But Section 34 IPC invoked. Where is common intention? Section 306 IPC not made out,” he had argued. Aggarwal contended that mere non-payment of dues cannot amount to abetment to suicide. Referring to certain precedents on this point, he said, “Even if payment has not been made, and some altercation took between them, and person committed suicide, it is essentially a civil dispute and no offence under Sect 306 IPC sustainable. The entire debtor list cannot be put in accused list. The closure report was rightly accepted.” Similar arguments were also adopted by Mengde. He submitted that while accepting closure order, the Magistrate has exercised a “judicial function”. “Magistrate even has the power to take cognizance on a closure report differing from police,” he said while relying on the Madras High Court’s verdict in Namasivayam v. State, 1982 CriLJ 707. Justice Shinde told the Advocates that the Magistrate’s closure report was accepted without serving notice on the informant. “Magistrate was legally obliged to serve notice on informant to give opportunity for protest complaint. This is the point raised in Naik’s daughter’s petition,” the Bench said. Responding to this, Agarwal stated that even if closure order has infirmities, it remains in force till it is set aside. “Can the police suo moto alter the order? Police cannot sit in appeal over the order. Can the executive say the procedure adopted by court is illegal and say they will not follow court order?” he said rhetorically. He added, “It is settled law that a void order is not non-est in law, unless set aside by higher court. It remains in force, even if bad in law. Police cannot review Magistrate’s order. Police need the permission of the Magistrate for further investigation.” Reliance was placed on Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762, to argue that nod of Magistrate is needed for further investigation. Notice issued to Maharashtra Govt in Naik’s plea seeking inquiry against officers who filed Closure Report in 2019 The Bench has issued notice to the Maharashtra Government in a petition filed by the Complainant Adnya Anvay Naik, seeking inquiry against those police officers who “miserably failed” to investigate the case and filed closure report earlier. It took note of the arguments advanced by Advocate Subodh Desai, that there was no communication of closure of the complaint and they got to know about the same on in April, when Arnab’s company tweeted about the same. On an inquiry whether the Magistrate’s order for closure had been challenged, the Complainant explained that after becoming aware of the order in April, they applied for documents under the RTI Act. “It was in the middle of COVID19. Then a complaint was made before the Home Minister,” Desai submitted.Next Storylast_img read more