State Must Not Be Ignorant That Advocates, Their Staff Constitute An Integral Part Of The Justice Delivery System: Bombay HC [Read Order]

first_imgNews UpdatesState Must Not Be Ignorant That Advocates, Their Staff Constitute An Integral Part Of The Justice Delivery System: Bombay HC [Read Order] Nitish Kashyap31 July 2020 9:52 AMShare This – xThe Bombay High Court on Friday while hearing a batch of PILs and intervention applications that initially sought inclusion of lawyers into the list of essentials services observed that the State must not be ignorant that access to justice is now recognised as a Fundamental Right and advocates and their staff constitute an integral part of the entire system, which is dedicated to “delivery…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 Bombay High Court on Friday while hearing a batch of PILs and intervention applications that initially sought inclusion of lawyers into the list of essentials services observed that the State must not be ignorant that access to justice is now recognised as a Fundamental Right and advocates and their staff constitute an integral part of the entire system, which is dedicated to “delivery of justice”.Division bench of Chief Justice Dipankar Datta and Justice Sarang Kotwal expressed hope and trust that the concerns expressed by the aggrieved petitioners and parties seeking to intervene would be given due consideration and directed the State government to submit its order regarding representation made by petitioners seeking for directions to exempt lawyers and their staff from lockdown restrictions.Although, another bench of the High Court in an order dated July 10, had rejected the said PIL filed by advocate Chirag Chanani and observed that inclusion of a particular category of persons within “essential services” is within the exclusive domain of the State Legislature and that no mandatory direction, much less any direction, can be issued to the State Legislature to categorize advocates and their staff as providing “essential services”. However, the co-ordinate bench later noticed that in the said order, it was noted that the Additional Public Prosecutor appearing for the State, on instructions, had submitted that the respondents were ready to consider the grievances raised in the writ petition. Considering such submission the coordinate bench granted liberty to the petitioner to file a comprehensive representation before the State Government and the State was left free to consider such representation in accordance with law, the rejection of the writ petition notwithstanding. In the course of hearing of these PIL petitions and interim applications for intervention, Court was informed that a representation had indeed been filed by the aforesaid petitioner before the State, availing the liberty granted by the order dated July 10, 2020, but no decision has yet been taken. The bench headed by the Chief Justice observed that lawyers were facing difficulties as physical filing has been allowed by the High Court but due to lockdown restrictions, train services are not available to them and as not all of them have private vehicles, it is particularly difficult-“Having regard to the present crises that the nation is facing owing to the pandemic, Court functioning through physical hearings is under suspension in Mumbai although virtual hearings are taking place. In some of the Courts, physical hearings are being conducted in a very limited manner. The High Court, while conducting hearings through the virtual platform only, has permitted physical filings. The Western Railway and the Central Railway are operating limited train services but it is open to only those persons having passes issued by the appropriate department of the Government who can avail the same at the moment. Advocates and their staff are not presently being allowed to avail train services. Diasbled thereby, a major section of the advocates have been precluded from participating in whatever physical hearings that are being conducted and in assisting the Courts. It is also asserted on behalf of the advocates that not all of them have personal cars and, thus, commuting to the Courts in Mumbai is a big problem for them. These are some of the concerns expressed in this group of writ petitions as well as interim applications, whereby similar relief is sought for as in Criminal Writ Petition.”The bench said-“Having regard to the decision of the coordinate Bench referred to above on such writ petition, we are of the considered opinion that the State ought to have decided the representation in accordance with law. Unfortunately, the decision of the State is yet to see the light of the day.”Additional Solicitor General Anil Singh submitted that presently, 353 out of 1774 trains (as per normal schedule) are being operated by the Central Railway whereas, 150 out of 1365 trains (as per normal schedule) are being operated by the Western Railway. Such trains are halting at limited stations and carry such passengers who have passes to travel. The State has been requested by the Railways to identify “essential services” for the purpose of augmenting train services but the State is yet to respond, ASG Singh told the Court.Finally, the bench noted-“Bearing these facts and circumstances in mind, we are of the considered opinion that the State must apply its mind and take an informed decision with regard to the concerns voiced by the advocates as well as their staff. The State must not be ignorant that access to justice is now recognised as a Fundamental Right and advocates and their staff constitute an integral part of the entire system, which is dedicated to “delivery of justice”. We hope and trust that the concerns expressed by the aggrieved petitioners and parties seeking to intervene would be given due consideration and an appropriate decision taken at the appropriate level, in the light of the proposal of the Railways. For this purpose, all representations pending before the State may be taken into consideration while it proceeds to decide the matter in terms of this order. The resultant order shall be placed before us on Friday next (August 7, 2020).The next date of hearing is August 7.Case Number: PIL-CJ-LD-VC-33 OF 2020 Case Name: Chirag Chanai & Ors. Vs Union Of India & Ors.Coram: Chief Justice Dipankar Datta and Justice Sarang KotwalCounsel: Adv Shyam Dewani for Petitioners, Advocate General of Maharashtra AA Kumbhakoni for the State, Additional Solicitor General Anil Singh for the Union Of India, Adv Yamuna Parekh For MCGM, Adv Uday Warunjikar for the IntervenorsClick Here To Download Order[Read Order] Next Storylast_img read more

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FSRU Excellence starts operation in Bangladesh

first_imgLNG World News Staff Image courtesy of QatargasOperations at the liquefied natural gas (LNG) import terminal at the Moheshkhali Island in Bangladesh have started following delays caused by bad weather conditions and technical issues.FSRU Excellence that has delivered the commissioning cargo to Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) in April started operations on Saturday, the country’s energy minister, Nasrul Hamid told Reuters.The FSRU Excellence, owned by the Texas-based floating LNG solutions provider Excelerate Energy has a 500 million standard cubic feet of gas per day (MMscf/d) regasification capacity. It will enable Bangladesh to import liquefied natural gas and feed it to the power projects in the energy-starved country.While the initial delay was caused by the bad weather conditions that made it unsafe for the vessel to dock at the mooring facility.It reportedly sprung into operation during last week, however, a leak in the onshore facility caused a new delay.Hamid said the facility started feeding gas to the national grid, marking the first step in the country’s efforts to cater to the growing demand.last_img read more

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Southport defender suffers ‘catastrophic injury’ against Stones

first_imgEmbed from Getty ImagesA former Celtic and Portsmouth defender faces a battle to play again after he suffered a serious knee injury against Wealdstone on Saturday.Josh Thompson (pictured above, in yellow), who played 18 times in the Scottish Premier League, was stretchered off midway through the second half of Southport’s FA Trophy game with the Stones.The 25-year-old will need major reconstructive surgery, expected to take place on Monday.A Southport statement said Thompson had “suffered a catastrophic injury to his patella”.It added: “Sadly, Josh faces a considerable battle to be able to play football again.”An ambulance had taken him from Southport’s Merseyrail Community Stadium to hospital, where he was accompanied by his parents and club physio Luke McCall, before being discharged once his pain levels had subsided.The former England Under-19 international saw a specialist for the injury on Sunday.Thompson began his career at Stockport before a 2009 move to Celtic, where he played under Tony Mowbray.He had loan spells at Rochdale, Peterborough and Chesterfield before joining Portsmouth in 2012 – however he only featured twice in League One and went on to play for Colchester and Tranmere, prior to signing for Southport.   Ads by Revcontent Trending Articles Urologists: Men, Forget the Blue Pill! This “Destroys” ED x ‘Genius Pill’ Used By Rich Americans Now Available In Netherlands! x Men, You Don’t Need the Blue Pill if You Do This x What She Did to Lose Weight Stuns Doctors: Do This Daily Before Bed! x One Cup of This (Before Bed) Burns Belly Fat Like Crazy! x Drink This Before Bed, Watch Your Body Fat Melt Like Crazy x Follow West London Sport on TwitterFind us on Facebooklast_img read more

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Cutting turbulence toll in half: here’s how it works

first_imgIt’s the stealthy hazard aloft, the one that goes bump in the night, the one that causes you to seize your seat’s armrest till the knuckles turn white.It’s turbulence—either the kind generated by storms or the less obvious, but rattling, Clear Air Turbulence (C.A.T). Either way, it costs airlines some US$100 million each year in injuries to passengers and crew as well as unscheduled maintenance, operational inefficiencies and money lost while aircraft are out of service.Recently, AirlineRatings.com revealed a breakthrough system that’s cut the toll exacted by turbulence in half among aircraft equipped with the system. Now we’ll tell you just how it works.At least five major international airlines—American, Alaska, United, Cathay Pacific and Cathay Dragon (formerly Dragonair)—have at least some of their jets fitted with the system developed by The Weather Company, an IBM Business. Partnering with Gogo Business Aviation, the set-up enables the delivery of real-time turbulence reports and alerts directly to pilots and airline dispatchers. The aim is to greatly improve an aircraft’s chances of avoiding moderate to severe turbulence.Traditionally, flight operations, pilots and aviation meteorologists have received coded verbal reports—reports containing limited information on actual, real-time flight conditions—via pilot reports, or PIREPS. Now, the Weather Company and Gogo contend their Turbulence Auto PIREP System (TAPS) can communicate critical en-route weather information far faster.To find out how TAPS fast tracks that information AirlineRatings.com talked to Mark D. Miller, senior vice president of aviation for The Weather Company. He says, so far, the system’s two launch customers, American and Alaska Airlines, have seen a “40 percent to 50 percent reductions in injuries and maintenance expenses” by better avoidance of bad air.Existing aircraft sensors that track angle of attack, altitude, airspeed, pitch, yaw, roll and other flight parameters feed that information into the ACMS—the Aircraft Condition Monitoring System. That’s where Miller says the data are encoded into his company’s proprietary algorithms.From there, the encoded data is –in most cases—sent to the aircraft’s ACARS system. The Aircraft Communications Addressing and Reporting System is a digital datalink for transmitting messages between aircraft and ground stations, often via satellite. “We transform that [data] into very specific operational guidance,” he says. Sometimes that’s a Significant Meteorological Information or SIGMET.Regardless the raw data is processed and Flight Plan Guidance is the product.  “Basically, for the next 24 hours the heads up “provides the pilot and the [airline dispatcher] a complete picture of where they can expect to find turbulence en-route,” says Miller. As for updates, “We have a very robust alerting back end” of the system, “that’s continually monitoring all these flights and your flight plan. If we see any new [turbulence] report or forecast that may affect the flight, we can alert that aircraft directly.”Flight Plans are important, but it’s immediacy that can often be the difference between broken bones and barely discernable light chop. Miller says the turn-time between the moment ACARS sends the turbulence message to the ground and the potentially-affected aircraft is warned ranges from ten seconds to a minute, “depending on the communications pathway. It happens very quickly,” asserts The Weather Company’s senior vice president for aviation—from initial turbulence detection, to report, to information received on the ground and distributed back out.In this case, speed saves—avoiding injuries and schedule-crippling unplanned maintenance. “In these situations, minutes can matter,” says Miller. Especially when a flying machine is moving along at four- to five-hundred miles per hour.It’s got to be noted that this is a private solution to a very public problem. The U.S. Federal Aviation Administration is in talks says Miller about “getting this data into some of their systems, and I think—over time—that will come.” “But,” he cautions “FAA does not make these kind of changes quickly and readily.”In contrast, airlines can move with comparative speed on their own. Not only are at least five carriers already flying many of their aircraft with the system on-board, Miller says The Weather Company is “in the final stages” of talks with a major European carrier.All told, so far, some 700 aircraft worldwide are fitted with the system.The Total Turbulence system is no mere pipe dream, no futuristic prediction. It’s here right now, and already making a difference. It appears just how deep a dent it puts in turbulence injuries and damaged airplanes depends on how fast the airlines adopt it.last_img read more

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a month agoRoma striker Dzeko wants Arsenal loanee Mkhitaryan to stay

first_imgTagsTransfersLoan MarketAbout the authorPaul VegasShare the loveHave your say Roma striker Dzeko wants Arsenal loanee Mkhitaryan to stayby Paul Vegasa month agoSend to a friendShare the loveRoma striker Eden Dzeko wants Arsenal loanee Henrikh Mkhitaryan to sign permanently.The striker was an admirer of the Armenian’s talents before he joined the Serie A side and has been impressed so far. He told Sky Sports: “I expect it from him. I know him as a great player, and he is a very good addition to our attacking team who wants to play football.”He’s a great pro. I remember him also from Borussia Dortmund times and he will be a big player for us. Hopefully, he can stay a long time here.”Hopefully he will [stay]. He will see that we are playing football here and immediately he scored a goal, so hopefully he can have more goals and a lot of assists for us.” last_img read more

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Vine: Seton Hall’s Sterling Gibbs Got Ejected For Punching A ‘Nova Player In The Face

first_imgSterling Gibbs punched Villanova player in the face.Update: Gibbs was contrite after the game and posted an apology on his Twitter:Man that’s not who I am. I’m sorry to my family, friends, fans, and team for being an embarrassment. Even more sorry to @RyArch15 .. I let— Sterling Gibbs (@SterlingGibbs4) February 17, 2015My emotions get the best of me and that wasn’t acceptable at all. I hope you’re alright and I will face any consequences coming.— Sterling Gibbs (@SterlingGibbs4) February 17, 2015Sorry again @RyArch15 it really is weighing heavy on my heart.— Sterling Gibbs (@SterlingGibbs4) February 17, 2015Arcidiancono accepted his apology as well.Emotions sometimes get the best of us. heat of the moment thing. We’re all good. @SterlingGibbs4— Ryan Arcidiacono (@RyArch15) February 17, 2015Earlier: Seton Hall got off to a 12-2 start this year but the season has spiraled into a major mess. The Pirates have lost eight of their last 11 and are about to make it nine of 12 as they’re getting blown out tonight on the road at Villanova.Seton Hall guard Sterling Gibbs was so frustrated, he decided he wasn’t going to stick around for the entire game. Instead, Gibbs got himself ejected for punching Villanova’s Ryan Arcidiacono in the face. Ouch. That’s blatantly flagrant and sort of surprising considering Gibbs’ reputation as a solid citizen. All in all, not a good day for the Pirates.last_img read more

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VIDEO Gustav Maersk Refloated after Grounding off Italy

first_imgImage Courtesy: Italian Coast GuardThe 9,038 TEU container vessel Gustav Maersk was refloated after it ran aground in the Messina Strait, Italy in the early morning hours on January 10, Maersk Line’s spokesperson informed.Assisted by three tugs, the 2008-built vessel was refloated at 7.30 am local time, some five hours after it ran into trouble, and proceeded by own power to Gioia Tauro.At the time of the incident the 367-meter-long containership was en route from the Croatian port of Rijeka to Gioia Tauro, where it is still moored, according to AIS data provided by MarineTraffic.Maersk Line spokesperson said that all crew is safe and accounted for and no pollution or damage to cargo was reported.“In Gioia Tauro all cargo is being discharged and repair plans will be made for the vessel. Cargo contingency plans are being made and will be covered within Maersk Line’s existing network. Customers will be directly informed in case of delays,” according to the company.Maersk Line, which launched an investigation into the incident, informed that initial findings do not indicate that any technical failure caused the incident.Video Courtesy: Italian Coast Guardlast_img read more

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Canadian crudebyrail exports rise to record high in April NEB reports

first_imgCALGARY – The National Energy Board says crude-by-rail exports from Canada grew to a record 193,500 barrels per day in April, up 13 per cent from the previous month, as full pipelines forced more producers to use trains to get their products to market.The oil shipping tally beat the previous record of nearly 179,000 bpd in September 2014 and was well ahead of the 150,000 bpd moved in April 2017.Andrew Botterill, a partner with accounting firm Deloitte, says he expects rail shipments will continue to grow this year.He says the increased use of rail will allow prices for Western Canadian Select bitumen-blend crude oil to strengthen as compared with New York benchmark West Texas Intermediate crude.Botterill says demand for Canadian heavy oil is expected to increase as it will be needed in the U.S. Gulf Coast refining complex to replace shrinking volumes from Venezuela.Deloitte forecasts global oil prices will fall back from recent three-year highs in the coming months as OPEC countries increase output and international demand for oil declines.“Continuous decreases in Venezuelan production volumes, the possibility of sanctions enforced by the United States on Iran, and decreased oil stockpile volumes have escalated global oil prices,” the report says.“However, these are expected to recede in coming months as OPEC members increase rates to fill void agreement volumes resulting from Iranian and Venezuelan production cuts.”last_img read more

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German court rules Frankfurt must ban some diesel cars

first_imgBERLIN – A German court has ruled that Frankfurt must ban high-polluting diesel vehicles in order to improve the city’s air quality.The dpa news agency reported Wednesday the Wiesbaden administrative court ruled on a complaint filed by the environmental group Deutsche Umwelthilfe, which had argued the city was not meeting European Union clean air rules on nitrogen oxide levels.It was not immediately clear how many vehicles would be affected or how widely. Hamburg has already banned older diesel models from selected roads, and authorities in Stuttgart plan to ban older diesel vehicles from parts of the city next year as well.Diesel engines, which are popular in Germany, emit harmful nitrogen oxide.The bans follow a February court ruling allowing cities to include diesel bans in their air protection measures.last_img read more

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SD 60 answers questions on new Margaret Ma Murray School at public

first_imgInstalling cameras in the washroom hallways or ‘panic buttons’ in each stall were two ideas that were mentioned to provide students with a measure of safety in the new washrooms. Those ideas were also mentioned as a possible way to curb inappropriate behaviour by students in the washrooms after another parent raised the issue.Parents also asked the school board about if and when a playground at the school would be completed.“They can’t begin to build a playground until the spring at the earliest,” said Sloan. “We will continue to update the public as the building gets closer to completion. When the building is finished it should have a playground just like all other schools, that’s our anticipation.” FORT ST. JOHN, B.C. – School District 60 Trustees took questions from members of the public on the format of the washrooms at the new Margaret “Ma” Murray School at Monday’s school board meeting.The washroom format of the new school will be gender-neutral, essentially allowing anyone to use the restrooms. The washrooms’ toilets will be located inside individual separate rooms with locking doors. The toilet rooms themselves will be positioned around a common sink area that will be more open to the school’s corridors.Among the issues raised by the handful of parents in attendance was that of student safety. One parent asked how a teacher would know to provide aid if a student using the toilets needed assistance. “That’s a good question and a good concern,” said Superintendent Dave Sloan. “I’m all for providing a safe and comfortable space, I’ve taken that note. As for what can be done? I don’t have that answer specifically tonight but I can commit to taking that away from this meeting.”last_img read more

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