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Virbhadra DA case: Malafide CBI probe might end Congress leader’s political career, Delhi HC told

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Virbhadra CBI Inquiry

Sibal asked how CBI could register a PE without taking any consent of the state

SHIMLA- Himachal Pradesh Chief Minister Virbhadra Singh, an accused in a disproportionate assets case along with others, claimed in Delhi High Court on Thursday that process of probe conducted suggests an “element of enthusiasm” on CBI’s part, which is indicator of an element of “malafide”.

His counsel, senior advocate Kapil Sibal, questioned CBI’s jurisdiction in registering the case and told Justice Vipin Sanghi that the court should look into the “ramifications” of the matter as  CBI’s probe might damage political career of the Congress leader. As per CBI’s case, all assets alleged to be disproportionate to the known source of income were in Himachal Pradesh and the agency should not have lodged the case in Delhi, on the basis of the fact that his client was then a union minister here.

The manner in which probe was conducted (by CBI) shows an element of enthusiasm which would not have been there in normal circumstances. That is why a court-monitored mechanism is essential. There is an element of malafide in the matter,

Sibal told the court.

He also suggested biasedness of CBI based on the political party which is in power in the Centre or the state.

Sibal said CBI had conducted first preliminary enquiry (PE) and thereafter sought to close the case, but later it carried out a second PE on the same set of facts which were dealt with earlier. He argued that the check period in a DA case “cannot give CBI the jurisdiction to lodged a case here” as jurisdiction would be made out at the place where the offence is alleged to have been committed.

There must be a court crafted roadmap in such matters What will give you (CBI) jurisdiction is the place where an offence is committed,

Sibal said during the arguments which would continue on September 23.

CBI had earlier told the high court that its probe in the DA case against Singh and others was “complete” and it wanted to file the charge sheet in the matter. The Himachal Pradesh High Court in an interim order on October 1, 2015, had restrained the agency from arresting, interrogating or filing a charge sheet against Singh in the case without court’s permission.

During the hearing today, Sibal also asked how CBI could register a PE without taking any consent of the state.

This means the CBI will start conducting a PE without anybody’s consent. They should have reported the information received by them to the concerned authority in the state, he said.

Court has to look at the ramification of this probe. They (CBI) can keep on doing the investigation my (Virbhadra’s) political career may be finished,

Sibal said.

To this, the court observed

History has shown that no politician has been indicted due to prosecution.

Sibal responded saying,

I (Virbhadra) am not saying that I am immune. What prevents the state from investigating me? This is not a case of corruption.

The matter, in which Himachal Pradesh HC had passed the interim order, was transferred by the Supreme Court to the Delhi High Court, but the interim order has not yet been vacated or stayed. The Delhi High Court on April 6 this year had directed CBI not to arrest Singh while asking him to join the probe.

The direction had come when the court was disposing of CBI’s application seeking vacation of the Himachal Pradesh High Court order, which, the agency claimed, had “seriously held up” its investigation in the case.

On November 5 last year, the apex court had transferred Singh’s plea from Himachal Pradesh HC to Delhi HC, saying it was not expressing any opinion on the merits of the case, but “simply” transferring the petition “in interest of justice and to save the institution (judiciary) from any embarrassment”.

CBI had moved the apex court seeking transfer of the case to Delhi High Court and setting aside the interim order granting protection from arrest and other relief granted to Singh. A DA case was lodged against the Chief Minister and others by CBI under sections 13(2) and 13(1)(e) of the Prevention of Corruption Act and section 109 (punishment for abetment) of IPC.

Image: WpJurist

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Himachal: Cloudbursts, Landslides Claim 9 Lives in 48 Hours, 7 Still Missing, Met Issues Alert Till August 1st  

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monsoon damage in himachal pradesh 2021

Shimla-Monsoon continues to pummel Himachal Pradesh with deadly ferocity, leading to more cloudbursts, landslides, and flash floods. Several rivers and rivulets are in spate. Incessant rains could bring more destruction as the HP Meteorological Department has forecast widespread heavy rains till August 1st. While a red alert was issued for July 28, an orange alert has been issued for July 29 and July 30 and a yellow alert for July 31st and August 1st.

An advisory has been issued for locals and tourists to not venture near the river banks and avoid unnecessary travel as incessant rains could lead to more landslides, flash floods, and uprooting of trees.  However, tourists could be seen resolutely ignoring these warnings and partying near river banks and water bodies.

As devastation unfolds, the death toll due to monsoon induced calamities has reached nearly 200, while damages to property were assessed to be in hundreds of crores. Over 350 roads, including Manali-Leh, Pathankot-Chamba, and Shimla-Kalka, were blocked due to landslides.  Half a dozen bridges, as many as 30 houses and several vehicles were destroyed. Hundreds of tourists were reportedly struck in Lahaul.

lahaul-spiti cloudburst

After a flash flood in Dharamshala, a massive landslide in Shahpur constituency, and a horrid rockslide in Kinnaur district that killed nine tourists and injured four people, a cloudburst triggered a flash flood in Lahaul-Spiti district on Tuesday that washed away over a dozen of people, who were said to be labourers.  

cloudburst in lahaul-spiti

According to the Director of the State Disaster Management, Sudesh Kumar, at the time of writing this report, seven bodies had been recovered while four others were missing. The cloudburst occurred over Tonzin nallah in the Lahaul region of the tribal district. Rescue operations were in progress to trace missing persons.

A team of the National Disaster Response Force, which was on its way to Lahaul-Spiti through road, remained stuck in Mandi for several hours.  

On Wednesday morning, cloudburst was reported in Kullu district resulting in deluging of Bhramhaganga – a tributary of Parvati river. A  tourist, a 25-year-old mother along with her 4-year-old son, and a hydropower official came in its spate and were yet to be traced. Beas river was also in spate and people living in shanties on its bank were evacuated. 

Beas in spate

Rackham area in Kinnaur district also reported heavy losses due to a cloudburst on Wednesday morning.

While a rockslide killed one person in Chamba’s Saluni, a helper tagged with a JCB deployed for clearing Bharmaur-Pathankot National Highway was swept away by gushing waters of a nullah on Tuesday night. His body was recovered on Wednesday.

In Shimla, a landslide between Vikasnagar and Panthaghati crushed a vehicle and caused damaged to some others. Gumma khud in Chirgaon was also in spate and reportedly swept away a bridge and about four vehicles. 

landslide in shimla crushed car

Dharamsala received the highest 122 mm of rain, followed by Una 119 mm. In Solan district, Kasauli and Nalagarh also received over 105 mm rain. 

This widespread destruction has worried climatologists and environmentalists who are linking increased instances of landslides and cloudburst to environmental degradation and destabilization of hills due to developmental projects, including cutting of hills for widening of roads, construction of four lanes, hydropower projects etc. 

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Kinnaur: Massive Landslide Caught on Camera, Kills 9 Tourists, Injures 4, Destroys Bailey Bridge

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kinnaur landslide in batseri

Kinnaur: A massive landslide in Batseri on Sangla-Chitkul road in the Kinnaur district of Himachal Pradesh on Sunday killed nine persons and injured at least four others. Huge boulders rolled down the mountain following the landslide and destroyed an iron Bailey bridge and many vehicles parked along the road within a few seconds.

A tourist vehicle, which was reportedly carrying about 11 tourists from Delhi NCR, Rajasthan, Maharashtra, and Chattisgarh, was hit by boulders near Gunsa, killing nine tourists. A couple of videos of this heart-wrenching incident went viral on social media. In the video, some people can be heard whistling and shouting to warn others.

“Nine people died, and three were injured after boulders rolled downhill due to a landslide in Kinnaur district. Batseri bridge collapsed in the incident. A rescue team is present at the spot,” Superintendent of Police (SP), Kinnaur, Saju Ram Rana said.

The intensity with which boulders hit could be assessed from the fact that the iron bailey bridge on the Baspa river collapsed instantly. 

Video of landlside in himachal pradesh

On receiving the information, teams of district police and Indo-Tibetan Border Police rushed to the spot and initiated a rescue operation. The district administration was also assessing the situation. As per reports, rocks sliding down from the hilltop made the rescue operation difficult for the teams.

sangla valley landslide

As per initial reports, a request was made to make a helicopter available to aid rescue work, which was yet to be fulfilled.

landslide in himachal pradesh

Chief Minister Jairam Thakur also expressed grief over the incident. An ex-gratia of Rs 2 lakh was announced for the deceased while injured would be given Rs. 50 thousand.

The exact cause behind the landslide was yet to be ascertained.

The deceased were identified as:

  1. Pratiksha Sunil Patil (27) from Sadhbhawna Nagar, Nagpur, Maharashtra
  2. Deepa Sharma (34) from Jaipur
  3. Amoghi Bapat (27) from Korba Darri in Chhatisgarh
  4. Umrab Singh (42) of Tagore Garden West Delhi
  5. Kumar Ulhas vedpathak (37)
  6. Anurag Biyani (31) from Sikar in Rajasthan, his mother Maya Devi Biyani (55) and his sister Richa Biyani (25)
  7. Satish Katakbar (34) from Chhatisgarh.

Those injured have been identified as Shiril Obroy (39) from West Delhi, Naveen Bhardwaj (37) from Kaharar in Mohali and Ranjeet Singh (45) from Batseri in Sangla.

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Himachal Reports Rise in Covid Deaths, No Vaccine for 18-44 Age Group Till July 22

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vaccination of youth in himachal pradesh

Shimla-Himachal Pradesh has reported a rise in daily casualties during the last three days. While 437 new cases were detected, 10 persons succumbed to the infection. in the last three days. According to the HP Health Department, state’s positivity rate for the last week – from July 5-July 11- was 1.0. Compared to a total of eight deaths in the entire week, Himachal has reported 10 deaths in the last three days of the ongoing week.

The State’s Covid death tally has now reached 3486. The number of active cases was 1150 on Thursday. The daily sampling remains between ten 10,000 to 15,000.

The state government has further discontinued vaccination for the 18-44 age group till 22 July. However, vaccination of other groups will continue. 

Himachal’s tourist spots continue to receive a large number of visitors daily. During the last month, after the HP government lifted all restrictions on inter-state movement, tourists had been over-crowding popular tourist destinations, especially Dharamshala, Shimla, and Manali, to such an extent that the Union Health Ministry, as well as, the Prime Minister had to warn states over the violation of guidelines regarding the “Covid-Appropriate Behavior”.

As both locals and tourists were observed to have become carefree and caring a little about social distancing or creating large gatherings, the state government on July 14 issued a fresh advisory to follow the “Covid-19 Appropriate Behavior” (CAB) to mitigate the third wave.

However, a widespread lack of awareness has been reported, due to which the public is not taking the warnings of the third wave and CAB guidelines seriously.  

In several instances, the state government found itself helpless in preventing large gatherings and violation of CAB guidelines. Over-crowded buses and carriage vehicles, for instance, is a common scene against the permitted capacity of 50%. The health experts had been insisting that successful implementation of SOPs at the mass level is not possible without the co-operation of the people. However, the current methods of the state government for creating awareness has failed to appeal to the majority of the people, which is making compliance of guidelines next to impossible. 

 

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