In a pulsating encounter in Brisbane, Australia outscored England four tries to three but 24-points from Owen Farrell in a brilliant kicking display saw England come away with a vital first win in the three-Test Series. After being 29-13 down, the Wallabies fought back to 32-28 with minutes to go before a breakaway try, converted by Jack Nowell, saw England breathe and their vocal supporters celebrate. It’s now seven from seven under Eddie Jones.What’s hotWallabies quick out of the blocksAfter 20 minutes England were looking as if they were still in departures in Heathrow. Michael Hooper had popped over the whitewash wide on the right, and Israel Folau had glided through the England defence adroitly after Bernard Foley has timed his pass to perfection. If Foley’s brilliant individual score hadn’t been chalked off, it would have been even worse. Much credit must go to Michael Cheika who is a master tactician, who squeezed England’s lack of width in the wide channels. It’s a shame for the Wallabies they couldn’t maintain their firecracker start.Try-time: The Wallabies started brilliantly with Israel Folau benefittingMaro Itoje’s maturity is frighteningSometimes you need reminding Maro Itoje is playing only his sixth Test for England. Nearly every intervention in the first half was a positive one, from stealing lineout ball, to contesting at the breakdown, and making hard yards in the tight. He was simply immense in every respect, performing in a way that is beyond his tender years. In a rare event he was not named man of the match, but no one would have blinked had he been given a gong.Owen Farrell is now in the world-class kicking bracketIn the same vein as Leigh Halfpenny for Wales, Owen Farrell’s accuracy off the tee is such that opposing teams can’t afford to give him chances within range. Eight out of nine successful kicks, or an 80 per cent plus kicking conversion success is becoming the norm. Calls for him to be the Lions No 10 are growing credence by the Test. As Sir Ian McGeechan famously says, Farrell is a ‘Test Match Animal’.World-class: Owen Farrell had a brilliant day from the bootComeback kidGeorge Ford had a day to forget in Twickenham, with a torrid day kicking, but when thrust into the action, tactically by Eddie Jones, after less than half-an-hour with Luther Burrell leaving the field, he took his chance to seek redemption. With Owen Farrell taking over the kicking duties, Ford was able to play his instinctive game. A long, looping pass for Yarde showcased his technical ability, and he clinched the game showcasing his vision, with a cute kick behind the defence for Nowell to score. Form blip aside, Ford is far too classy to discard, something the ever-shrewd Eddie Jones is well aware of.What’s notWallabies still lack power in the tight fiveDespite Mario Ledesma’s inspired intervention during the World Cup, which turned the Wallabies into a respected scrummaging unit, they were unable to dominate the England pack in the way they’d have wanted to, Scott Sio’s sin-binning a case in point. The famed ‘Pooper’ combination of Pocock and Hooper were unable to exert their usual influence at the breakdown and as a result England won. Simple. How Australia counter that could decide the Series.Creaking: The Wallaby pack was put under severe pressure from England’s eightMuted crowd at the SuncorpMaybe because it was the First Test and the Series was not riding on it, but it was a quiet crowd in Brisbane just when the Wallabies needed them to make their patch hostile for the visitors. The PA announcer had to whip up the crowd to try to get them going late on but much credit must go to England for silencing them. Expect things to be very different in Melbourne in a week’s time.England lose shape at the wrong timeWith England in control at 29-13 and Scott Sio yellow-carded, they should have been looking to close out the game, but a second Michael Hooper score, and Tevita Kurdrani burst made it far too nervy for England in the final quarter. Making so many tactical substitutions saw England lose their shape and make it extremely uncomfortable few minutes until Jack Nowell sealed the win.Comeback: England made it difficult for themselves losing shape in the last 20 minutesStatsAustralia outran England with 403 metres carried to England’s 296 metresAustralia beat 20 defenders to England’s eightAustralia made 88 tackles to England’s 114The game’s top ball carrier was Israel Folau with 95 metres, second was Mike Brown with 85 and third Dane Haylett-Petty with 65The game’s top tackler was James Haskell with 18Australia TAGS: Highlight The clincher: Jack Nowell picks up a Ford kick to win the game for England LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS England started sluggishly but their forward power and the nerveless kicking of Owen Farrell saw them home despite a spirited comeback Israel Folau; Dane Haylett-Petty, Tevita Kuridrani, Samu Kerevi, Rob Horne; Bernard Foley, Nick Phipps; Scott Sio, Stephen Moore (captain), Greg Holmes, Rory Arnold, Rob Simmons, Scott Fardy, Michael Hooper, David Pocock.Replacements: Tatafu Polota-Nau, James Slipper, Sekope Kepu, James Horwill, Dean Mumm, Sean McMahon, Nick Frisby, Christian LealiifanoScorersTries: Hooper (2), Folau, KuridraniPenalties: Bernard Foley (2)Cons: Foley (1)Momentum: England are starting to build their confidence on the world stage againEngland: 15. Mike Brown; 14. Anthony Watson, 13. Jonathan Joseph, 12. Luther Burrell, 11. Marland Yarde; 10. Owen Farrell, 9. Ben Youngs; 1. Mako Vunipola, 2. Dylan Hartley, 3. Dan Cole, 4. Maro Itoje, 5. George Kruis, 6. Chris Robshaw, 7. James Haskell, 8. Billy Vunipola.Replacements: 16. Luke Cowan-Dickie, 17. Matt Mullan, 18. Paul Hill, 19. Joe Launchbury, 20. Courtney Lawes, 21. Danny Care, 22. George Ford, 23. Jack Nowell.Scorers: Tries: Jonathan Joseph, Marland Yarde, Jack NowellPens: Owen Farrell (6)Cons: Farrell (3)Referee: Romain PoiteMan of the match: James Haskell
Architects: Havkin Architects Area Area of this architecture project Lead Architect: “COPY” Houses N16 / Havkin Architects ArchDaily Save this picture!© Shai Epstein+ 38Curated by María Francisca González Share Photographs: Shai Epstein Manufacturers Brands with products used in this architecture project Photographs CopyHouses•Ramat Hasharon, Israel ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/904230/n16-haykin-architects Clipboard Israel 2017 CopyAbout this officeHavkin ArchitectsOfficeFollowProductsWoodSteelConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesRamat HasharonIsraelPublished on October 21, 2018Cite: “N16 / Havkin Architects” 21 Oct 2018. ArchDaily. Accessed 11 Jun 2021.
An ominous federal takeover of the United Auto Workers union is now a real possibility. According to Federal Attorney Matthew Schneider, “All options are on the table. And [a takeover] is one of the options.” (Detroit Free Press, Jan. 10)Striking GM workers picket GM World Headquarters on Oct. 9, 2019. Rank-and-file workers organized this protest independently of the International UAW leadership.In other words, the capitalist state — overtly hostile to organized labor, especially under the Trump administration — could take advantage of documented corrupt practices to sue the union under the Racketeer Influenced Corrupt Organizations Act (RICO). This could lead to federal oversight. Nothing could be worse for the UAW and the labor movement as a whole.These threats follow a federal investigation into corrupt practices by top UAW leaders and staff. First to be charged were individuals in the union’s Fiat Chrysler Automobiles (FCA) Department, who were accused of taking bribes from the company in exchange for agreeing to inferior contract terms and pushing them to the membership for approval. FCA executives were also charged; leaders on both sides have been sentenced to prison or probation.Further federal investigation uncovered multimillion-dollar scandals involving vendor kickbacks and expropriation of union funds. The people implicated include retired UAW President Dennis Williams and former President Gary Jones, along with Region Five Director Vance Pearson. Jones and Pearson resigned in November.Members are justifiably outraged at the self-serving behavior of highly paid leaders whom they trusted to fight in their best interests.That doesn’t mean they want anti-union government agents to come in and clean house for them. And some members rightly question the motives behind the more recent federal pursuit of President Rory Gamble, who took over when Jones resigned. Gamble is the first African-American International President in the union’s 85 years of existence.There is clearly a double standard on the part of the government — as well as the capitalist media that have attacked the UAW — in the way they have gone after union corruption, which is small potatoes compared to corporate corruption. After all, UAW corruption did not cause fatal accidents with a faulty ignition switch that General Motors installed to save money. It’s not the union that kills and maims autoworkers, here and in other countries, because corporations won’t spend the extra money to make the workplace safer. Chrysler (now FCA) once fought the federal government over airbag requirements, although they knew airbags save lives.“I just think that there’s definitely a double set of standards,” said Mike Herron, Local 1853 Shop Chair at GM’s Spring Hill, Tenn., plant.Rank and file take the initiativeThe UAW’s Administrative Caucus, in existence since the late 1940s, has created over time a dysfunctional, top-down, corporate-model structure riddled with nepotism and cronyism. The leadership fully embraced class collaborationism and rejected class struggle. They epitomize what the leader of the Russian Revolution, Vladimir Lenin, coined the “labor aristocracy” — a strata within the working class that has been “bought off” by the capitalists. Nevertheless, the UAW Constitution has provisions under which the membership can take action to restore democratic control and ethical practices. With enough support, members can force the union to hold a “Special Convention.” A new rank-and-file group, Unite All Workers for Democracy – UAWD – has begun the uphill battle to get a Special Convention called for the purpose of setting up a new mechanism to elect the International Executive Board. Currently, the IEB is elected by delegates at the quadrennial Constitutional Convention. What UAWD seeks is quite simple: direct election – “one member, one vote.”“Our whole effort is to avoid a federal takeover,” according to Scott Houldieson, a founder of UAWD and a member of UAW Local 551 at the Chicago Ford Assembly plant. “The best reform is to empower the membership of our union to hold our officers accountable for weak contracts and corrupt practices.” Houldieson and three other UAW activists addressed a Jan. 17 webinar, which a number of interested union members attended. For a special convention to be called, the union Constitution requires that resolutions of support be passed by locals representing at least 20 percent of the total UAW membership – about 80,000 members. Right now UAWD is nearing the halfway point.The UAWD platform, still a work in progress, addresses multiple issues including the need for global worker solidarity and the fight for a shorter work week. The special convention could be a forum for autoworkers to comment on a wide range of issues and map out a real strategy for the rank and file to take back their union. It would be a step toward breaking up the treacherous partnership with the capitalist owners of industry. Breaking up labor-management cooperation is necessary if organized labor is to remain relevant to the new layers of workers exploited in the gig economy.Martha Grevatt is Trustee of UAW Local 869. She retired from Fiat Chrysler after 31 years in the plants.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
SenegalAfrica RSF_en RSF asks Senegal to amend its new press law November 27, 2020 Find out more Abdou Latif Coulibaly, one of Senegal’s most prominent journalists and writers, and two of the journalists who work with him on his weekly newspaper, La Gazette, have been fined 20 million CFA francs (30,000 euros) and given one-month suspended jail sentences in a libel case about alleged kickbacks in the allocation of a mobile phone licence.The much-awaited sentence – issued on 16 November, two months after the libel suit was the subject of much publicized hearing on 14 September – again raises questions about the impartiality of Senegal’s judicial system and the need to decriminalize press offences.Reporters Without Borders doubts the fairness of the proceedings in this case, which seem to have been designed to discourage one of the country’s most outspoken journalists and, by extension, intimidate all of its media, foster self-censorship and deter investigative reporting.“At a time when a new press law has just been approved by the president and is about to be submitted to parliament, we urge the authorities to do more than just profess a desire to improve the situation of the media and journalists in Senegal,” Reporters Without Borders said. “We also urge the courts to heed and implement the government’s statements and to act with impartiality and probity.”The libel suit was prompted by an article headlined “Thierno Ousmane Sy at the heart of the scandal” which Coulibaly and his colleagues, Aliou Niane and Alioune Badara Coulibaly, published in La Gazette in 2007. It claimed that “foreigners in association with very highly-placed Senegalese officials shared 40 million dollars in commissions” from the sale of a mobile phone licence to the Sudanese company Sudatel and named Sy, the president’s adviser on information and communication technology, as the chief culprit. It was Sy who brought the libel action. The trial attracted a great deal of interest in Senegal and prompted government opponents and civil society organizations to stage a parallel “trial” to hear Coulibaly’s allegations. In its comment on the official trial’s verdict, La Gazette deplored “the tendency of Senegal’s courts to interpret and apply the law on press offences in general and the defamation law in particular in a restrictive and mechanical manner.” It reduces the judge’s role to just executing repressive laws.The trial of Coulibaly and his two colleagues has highlighted how difficult or indeed impossible it is for Senegal’s media and journalists to investigate suspected corruption within the state. It is particularly disturbing that Sy was not asked to rebut the allegations during the trial. Reporters Without Borders urges the judges handling the appeal to act with more vigilance and to prioritize the need for fairness.Coulibaly, who also heads the Higher Institute for Information and Communication Sciences, is meanwhile involved in another libel case with the head of the Senegalese National Lottery (LONASE) as a result of his book “LONASE, a story of systematic looting.” The case is now at the appeal stage. Renowned for the professionalism of his reporting, Coulibaly has also written several investigative books that are very critical of President Abdoulaye Wade and his son Karim.Photo : Abdou Latif Coulibaly, copyright AFP Organisation The 2020 pandemic has challenged press freedom in Africa SenegalAfrica Follow the news on Senegal to go further RSF decries exceptional press freedom violations in Senegal Reports Receive email alerts March 5, 2021 Find out more News November 18, 2010 – Updated on January 20, 2016 Unfair libel trial ends in heavy fine, suspended jail sentence for leading journalist Help by sharing this information January 8, 2021 Find out more News News
WhatsApp WhatsApp Previous articleOriginClear Agrees to Sponsor Program to Finance Outsourced Water ProjectsNext articleICE Announces Rapid Growth in Marine Fuel and Wet Freight Complex a Year on From IMO 2020 Digital AIM Web Support Twitter Twitter Facebook Link Logistics Announces Goal of Carbon Neutrality by 2025 Facebook Local NewsBusiness Pinterest Pinterest TAGS By Digital AIM Web Support – February 25, 2021 NEW YORK–(BUSINESS WIRE)–Feb 25, 2021– Link Logistics Real Estate (“Link”), a Blackstone portfolio company and operator of the largest portfolio of logistics real estate assets in strategic last-mile locations in the U.S., today announced three environmental goals:Powering 100% of all operations with renewable electricity by 2024;Achieving carbon-neutral operations by 2025; andBenchmarking 100% of the company’s building portfolio in EPA’s ENERGY STAR Portfolio Manager tool. These actions will position the company as a leading environmental partner, decreasing Link’s own carbon footprint and enabling energy cost savings for Link and its customers. Benchmarking Link’s entire building portfolio will provide comprehensive data to support its customers as they improve operational efficiency and ensure the best return on investments. “Sustainability is integral to how we operate, and our environmental goals are fundamental to our business strategy,” said Link’s Chief Executive Officer, Luke Petherbridge. “We’ve set an ambitious carbon neutrality objective because we believe we must all do more to lower our environmental impact and address the impacts from climate change. By taking these actions, we are not only reducing Link’s energy costs and providing our customers with clean and cost-effective energy, but also demonstrating how Link is the premier, forward-looking logistics real estate partner, ready to solve critical challenges.” Link’s facilities are at the center of company supply chains, offering a unique opportunity to provide services that help customers achieve their carbon and energy goals. By setting a target for carbon neutral operations in just four years, Link Logistics has a significant opportunity to achieve a healthier future powered by clean, renewable energy. About Link Logistics Link Logistics, established by Blackstone in 2019, is a leading national provider of logistics real estate solutions designed to meet the needs of the modern supply chain. The Company operates the largest portfolio of high-quality logistics real estate assets located exclusively in the U.S. Link Logistics has more than 5,800 customers and 400 million square feet of logistics facilities across key distribution markets, particularly strategic last-mile locations in the U.S. Link Logistics has the scale, geographic footprint and logistics expertise, as well as a heightened focus on sustainability to power the supply chain of tomorrow. For more information regarding the Company, please visit www.linklogistics.com. View source version on businesswire.com:https://www.businesswire.com/news/home/20210225005271/en/ CONTACT: Joele Frank, Wilkinson Brimmer Katcher Jonathan Keehner / Leigh Parrish / Greg Klassen 212-355-4449 L[email protected] KEYWORD: NEW YORK UNITED STATES NORTH AMERICA INDUSTRY KEYWORD: ENVIRONMENT LOGISTICS/SUPPLY CHAIN MANAGEMENT TRANSPORT COMMERCIAL BUILDING & REAL ESTATE CONSTRUCTION & PROPERTY SOURCE: Link Logistics Real Estate Copyright Business Wire 2021. PUB: 02/25/2021 08:30 AM/DISC: 02/25/2021 08:31 AM http://www.businesswire.com/news/home/20210225005271/en
The Week Ahead: Nearing the Forbearance Exit 2 days ago Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago The Best Markets For Residential Property Investors 2 days ago in Daily Dose, Featured, Investment, News Share Save Previous: Single-Family Built-For-Rent’s Increasing Popularity Next: Rebuilding Affordable Housing a Year After Hurricane Michael Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago Seth Welborn is a Reporter for DS News and MReport. A graduate of Harding University, he has covered numerous topics across the real estate and default servicing industries. Additionally, he has written B2B marketing copy for Dallas-based companies such as AT&T. An East Texas Native, he also works part-time as a photographer. Servicers Navigate the Post-Pandemic World 2 days ago Related Articles The Best Markets For Residential Property Investors 2 days ago Are Mortgage-Backed Securities Storm Proof? Servicers Navigate the Post-Pandemic World 2 days ago About Author: Seth Welborn Home / Daily Dose / Are Mortgage-Backed Securities Storm Proof? Subscribe David Burt, founder of DeltaTerra Capital, believes that climate risk is underpriced in residential mortgage-backed securities (RMBS) with exposure to climate change hot spots.“The market’s failure to integrate climate science with investment analysis has created a mispricing phenomenon that is possibly larger than the mortgage credit bubble of the mid-2000s,” Burt wrote in a presentation to prospective clients, Insurance Journal reports.According to Burt and other investors, hurricanes, flooding and other disasters pose a far larger threat than is currently being priced into mortgage securities. A key culprit may be outdated flood maps, meaning far fewer people are required to have flood insurance than are at risk, the investors and researchers say.“The bet I’m making is that many regional markets will experience large price declines in response to increasing costs related to the geography-specific risks,” Burt said.At a recent hearing hosted by the Financial Services Subcommittee on National Security, International Development and Monetary Policy, environmental experts discussed the risks to the National Flood Insurance Program (NFIP) posed by climate change, saying the situation is likely to worsen in the coming years.“Flood insurance is top of perils we have to face,” said Andy Karsner, who served as U.S. Secretary for Energy Efficiency and Renewable Energy during the George W. Bush administration, The Hill reports. “It is imperative for [insurance companies] to develop new tools of risk management because they are operating on very old model inputs and ancient legacy flood maps.”Marshall Burke, assistant professor of earth system science at Stanford University, said at Wednesday’s hearing that the evidence from climate change research suggests southern states are most vulnerable to flooding.“On the coast, what we know about tropical cyclones or hurricanes — we don’t have clear evidence that there will be more or less of them — but we know they will be more powerful and move more slowly. That will dramatically increase the likelihood of coastal flooding,” Burke said. Sign up for DS News Daily Tagged with: climate change RMBS Weather climate change RMBS Weather 2019-10-07 Seth Welborn Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Print This Post October 7, 2019 1,798 Views
ColumnsIs India Always At War? All About Preventative Detention & National Security Act Manan Agrawal, Shivangi Agrawal8 March 2021 4:41 AMShare This – xBasic human rights and liberties are the most significantly identifiable set of legal guarantees that exists in any civilized society and national constitutions. Liberty is the most precious of all the human rights. But in recent times in India, the differentiation between the set normative and the reality is ever so more evident with a steep increase in the number of instances where…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?LoginBasic human rights and liberties are the most significantly identifiable set of legal guarantees that exists in any civilized society and national constitutions. Liberty is the most precious of all the human rights. But in recent times in India, the differentiation between the set normative and the reality is ever so more evident with a steep increase in the number of instances where a person is taken under preventive detention. Preventive detention is something unknown in the United States of America and the United Kingdom, in peacetime but it is making headlines in India at every turn and step. Preventive detention means detention done by the state on mere apprehension that a person or group of persons may indulge in certain acts which may affect the law & order situation, supply of essential commodities etc. It is not to punish a person for something he has done but to prevent him from doing it. Background The United Kingdom enacted a law conferring power of preventative detention to the state during World War I. In India, the law’s framework dates back to the year 1818, more than two-century ago. In 1818, Bengal Regulation III was enacted to empower the British government to arrest anyone for maintenance of public order without giving the person recourse to judicial proceedings. Another major development took place in 1915 with the enactment of the Defence of India Act. In 1919 came the infamous Anarchical and Revolutionary Crimes Act, popularly referred to as ‘Rowlatt Act’ which authorised government personnel to put a suspect in confinement without trial which was very strongly opposed by the Indian freedom fighters, resulting in withdrawal of the law by the British government. Even after independence, the preventive detention was continued and a constitutional sanctity was given to the preventive detention laws which was deemed as an instrument to suppress apprehended breach of public order, public safety etc. in the newly independent nation. It is a matter of fact that laws conferring power of preventive detention such as Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 (COFEPOSA), National Security Act,1980 (NSA) are routinely misused by the government in order to restrict the liberties of those who do not agree with the functioning and methodology of the government. Constitutional provisions – Preventive detention is the most controversial scheme of the fundamental rights enshrined in the Constitution. This provision of the constitution is not self-executory and required a law to be enacted by the legislature. Therefore, in the year 1950, The Preventive Detention Act was passed. Though the act was initially passed for a year as a temporary measure but the validity of the act was subsequently extended to as late as the year 1969. It will not be wrong to term The Preventive Detention Act, 1950 as 1st Rowlatt act of independent India. Later, the enactment of the Maintenance of Internal Security Act (MISA) in 1971 and COEFPOSA, 1974 followed. COFEPOSA in general sense is referred to as an economic adjunct to MISA. The legislature ultimately repealed MISA after the revocation of emergency, but COEFPOSA remained. The much talked about law which is being frequently invoked in recent months, the National Security Act, 1980 (NSA) was enacted in 1980 which further conferred power of preventive detention to the Central and State governments. Another specialised act, namely, Terrorist and Disruptive Activities (Prevention) Act, 1985, conferring power of preventive detention with the aim of curbing terrorist activities was enacted and then subsequently repealed. But, the oppressive law, The Preventive Detention Act,1950 which was initially supposedly temporary with the enactment of NSA acquired a permanent sanctity in 1980. The subject of preventive detention is mentioned under the Concurrent list (Entry 3 List III) and hence some states have also enacted their own preventative detention laws like the state of Madhya Pradesh, Uttar Pradesh, Manipur etc. which are enacted on the same line that of NSA and have stringent provisions like – detained person need not be produced before a magistrate within 24 hours of the detention, the detained person does not have the right to move a bail application before a criminal court, the detained person cannot engage any lawyer. The preventive detention under NSA can be done on grounds provided under Section 3(2) of the Act which are: When a person is acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India. When regulating the continued presence of any foreigner in India or to make arrangements for his expulsion from India.While preventing an individual or group of individuals from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. Remedy that lies against the detention under NSA is to approach the advisory board or file a habeas corpus petition in the High Court. Constitution and the National Security Act Article 22 (1) of the Indian Constitution provides that an arrested person cannot be denied the right to consult and to be defended by a legal practitioner of his choice. According to Section 50 of the Criminal Procedure Code,1973, any person arrested has to be informed of the grounds of arrest and has the right to bail. Article 22(3) of the constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest or detention under article 22(1) and 22(2) shall not be available. Therefore, rights conferred under Article 22(1) and (2) are not available to the person detained. The government holds the right to conceal information which it considers to be against public interest to disclose. Preventive detention regime has become a convenient tool to obscure the flaws in the Indian criminal justice system and deprive individuals of their constitutional and statutory rights. Under the law, the maximum span for which a person can be detained is for 12 months. However, the government can extend it, if it feels so. The National Crime Records Bureau (NCRB), which collects crime data in India, does not include cases under the NSA which raises a serious issue pertaining to the manner in which the law is being used by the government. The to the exact number of detentions made under the Act are still unknown but as per the Law Commission report from 2001, more than 14 lakh people were held under preventive laws in India. On a combined reading of Article 22(4) to (7) along with the provisions of NSA, a person can be detained by the government and will totally be at the mercy of the state. Procedure under NSA- If a person is detained under NSA then – As per section 3(4) of the Act, the grounds of detention shall be communicated to the detainee after between 5 -15 days of the detention. – The central or state government shall constitute one or more advisory boards. Person detained has 4 weeks time to send his case to the Advisory board, which should consist of three persons who are qualified to be appointed as Judges of a High Court. – The grounds of detention must be placed before the Advisory Board within 3 weeks from the date of detention. The board has 7 weeks time to decide whether the detention is good in law or not. – The grounds of detention must be placed before the Advisory Board within 3 weeks from the date of detention. Judicial outlook – While interpreting the provisions, the courts at several occasions have pointed out in a number of cases that the detaining authorities should exercise the privileges sparingly and in cases only where there is full satisfaction as they have to act without normal safeguards for ordinary detention and resort to preventive detention. The Supreme Court in Rekha v State of Tamil Nadu said that ‘Prevention detention is, by nature, repugnant to democratic ideas and an anathema to the rule of law. In the cases of Alpesh Navinchandra Shah v. State of Maharashtra , State of Maharashtra v. Bhaurao Punjabrao Gawande and Rekha v. State of Tamil Nadu (supra), wherein the detention orders were set aside by the Supreme Court on the ground that the purpose for issuance of a detention order is to prevent the detenu from continuing his prejudicial activities for a period of one year, but not to punish him for something done in the remote past. There would have to be a nexus between the detention order and the alleged offence in respect of which he was to be detained and in absence of a live link between the two, the detention order could not be defended. Need to revisit Preventive Detention laws -Article 21 creates high flying jurisprudence and is liberally and widely interpreted by the courts over the time through judicial interpretation and legislative enactments. But, in the very next provision, Article 22 of the constitution gave constitutional sanctity to the legislature to enact the law allowing for preventive detention. It is right to say that on the one hand safeguards are provided to the people and on the other hand the safeguards are taken away provided to the people. Personal liberty of an individual is the most precious and prized right guaranteed under the constitution. “To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us, thus absurdly sacrificing the end to the means”The State has been granted the power to curb fundamental human rights under criminal laws which, therefore, are required to be exercised with due caution and shall not be used as a tool of oppression.The NSA allow the government to keep serious offenders in custody without charging them for any of these serious offences. This is convenient for the government and police because it allows them to escape the strictures of the procedural laws and basic human rights and liberties. Authorities responsible to maintain law and order at times invoke NSA whenever they are unwilling or unable to make a criminal case against an individual. Detention of journalists and people critical of the government being charged with NSA is becoming a routine exercise. It is often used as a response to ordinary law and order situations which can be taken care of by other laws like Indian Penal Code,1860. Where the law confers extra-ordinary power on the executive to detain a person without recourse to the ordinary law of the land and to trial by courts, such a law has to be strictly construed and the executive must exercise the power with extreme care. Conclusion – People of India have entered into a contract with the state and have retained certain rights with themselves which act as restriction upon the state and the state shall not deprive by its actions people of their rights. Preventive detention is an exception to the normal procedure and is sanctioned and authorized for very limited purpose under Article 22(3)(b). This power must be with proper circumspection and due care. As the government of the day is dedicated towards good governance and expects people to contribute in this direction, the government should also bring transformation changes in the existing law and protect the fundamentals rights and safeguards provided to the people as preventive detention should not be used as a way to bypass the ordinary laws. Regime of constitutional governance requires the need of developing an understanding between those who exercise power and the people over whom or in respect of whom such power is exercised. Civilised society should be governed by the rule of law and not by the rule of an individual or group of individuals acting in an arbitrary manner. Failure of rule of law is a sure indication of the liberty of the individual coming into peril and so does the peace of the society Views are personal Next Story
View post tag: Chinese PLA Navy Share this article Royal Navy frigate HMS Westminster escorted a Chinese Type 052C destroyer through the English Channel as it was returning from Russia’s annual Navy Days event in St Petersburg.Fresh from a five-month patrol with NATO in the waters of northern Europe, Portsmouth-based HMS Westminster was activated to monitor the progress of the destroyer Xian.The destroyer transited the English Channel into the Baltic Sea three weeks earlier and was shadowed by Royal Navy frigate HMS St Albans during that transit.“The Royal Navy routinely monitors other country’s warships through territorial waters as part of our ongoing mission in support of the defence of the UK,” said Commander Will Paston, HMS Westminster’s commanding officer.“The Xian conducted herself in a safe and professional manner throughout.”Westminster has been attached to a NATO task group since March and, most recently, has been honing her anti-submarine warfare skills off the west coast of Norway inside the Arctic Circle, as well as patrolling UK waters. View post tag: Royal Navy View post tag: Xian Photo: Photo: Royal Navy