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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 Reports 87 COVID-19 Deaths in 11 Days With a Steep Rise in Cases

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COVID-19 deaths in Himachal pradesh on november 10

Shimla-With nine more COVID-19 deaths on Wednesday, the tally for Himachal Pradesh has jumped to 399. The state is witnessing a surge in November as 87 deaths were reported during the last 11 days. Yesterday’s fatalities included seven males and two females aged between 45 to 87 years. Find the reasons for these fatalities below:

himachal pradesh -Update on covid-19 deaths

Further, according to the state Health Department’s official statistics, 610 new cases of COVID-19 were detected yesterday, of which Shimla reported highest (118) cases, followed by Mandi (116).

In Mandi district, as many as 26 more teachers and some students reportedly tested positive yesterday. The infected also included two doctors of Tanda Medical College, Kangra, and a couple of policemen in Sakoh.

Operation theatre at the Kamala Nehru Hospital, Shimla, was reportedly closed for a week. Similarly, the women police station in Shimla was also closed following the detection of a case.

Further, the state High Court has taken suo moto cognizance of a news report published in an English daily and issued a notice to the government. The news pertained to Indira Gandhi Medical College, which ran out of space for COVID-19 patients in isolation wards.

As per official data, the total for COVID-19 in the state had reached 27418 till yesterday evening (9 pm), of which 5605 were active cases. Mandi district has reported highest 4194 cases, followed by Solan (3958), Shimla (3725), and Kangra (3635).

The state government is barely speaking on the alarming rise in fatalities and its strategy to control it. But Chief Minister, while addressing a public meeting at Sihunta under Bhatiyat Assembly Constituency yesterday, did hail the Prime Minister and claimed that the nation is out of COVID-19 crisis.

“He (PM) has successfully brought the Nation out of Covid-19 crisis,”

Chief Minister said.

HP Health Department COVID-19 Bulletin for November 11, 2020 (9 pm)

 

 

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Himachal Reports 12 COVID-19 Deaths in Single Day, Surge in Cases in Shimla

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Himachal Pradesh COVID-19 deaths till diwali

Shimla-COVID-19 continues to wreak havoc in Himachal Pradesh as a record 12 fatalities were reported on Tuesday. Of the 611 new positive cases yesterday, Shimla reported highest 148 with seven fatalities. The deceased included 11 males and a female aged between 47 to 92 years.  During the last three days, the state has reported 25 fatalities. Find the details regarding the causes of deaths below:

Himachal Pradesh Record COVID-19 deaths

The state government had yesterday decided to close all educational institutes in Himachal for 15 days after over a hundred teachers and students tested positive in schools. The government termed it as a special vocation for students, teachers, and non-teaching staff of all educational institutes.

The capital has witnessed a surge as over 750 cases were reported during the last six days. In the season of festivity and marriages, social distancing and other guidelines issued by the MHA for personal protection are being flaunted, which is only fueling the spread. 

On top of it, the COVID-19 Hospitals in the state have begun to run out of beds for patients in isolation wards. The largest medical facility in the state – Indira Gandhi Medical College & Hospital- was packed to its full capacity, which was only 85 beds. Dr Rajneesh Pathania, Principal of IGMC, confirmed the report. According to media reports, DDU hospital, Shimla, had also run out of space. The government is yet to prepare the make-shift hospitals it had announced a couple of months ago. 

So far, according to the official statistics, the state had reported a total of 26808 cases till yesterday evening (9 pm), and the official COVID-19 death tally had mounted to 390.

HP Health Department COVID-19 Bulletin for November 9, 2020 (9 pm)

Update Himachal Pradesh COVID-19 for november 10, 2020

Featured Image: [email protected]

 

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Amid Alarming Surge in COVID-19 Cases and Deaths, Hospitals Including IGMC Running Out of Space

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covid-19 in himachal pradesh igmc beds full

Shimla– Amid the festive season, Himachal Pradesh is witnessing an alarming surge in COVID-19 cases and fatalities. As a matter of huge concern, the Indira Gandhi Medical College & Hospital, Shimla, has run out of beds in isolation facility and can’t accommodate more patient, unless someone is discharged or dies. There was space for only 85 patients at the hospital, which is full presently.

The DDU hospital, too, is running out of capacity with a surge in cases. Further, make-shift hospitals announced by the state government haven’t seen light of day. IGMC is the largest medical facility of the state and COVID-19 patients in critical condition were referred here.  

The situation could worsen due to the ongoing festive and wedding season. Markets are crowded and people are hardly following social distancing norms in marriages.

Further, yesterday seven people including a 16-year-old girl lost their lives. The decision to open schools seems to be backfiring as hundreds of teachers and several students were found positive for COVID-19 during the past few days. There are speculations that the state government could decide on closing schools for some time in the Cabinet meeting to be held today.

Details regarding the causes of fatalities below:

Himachal Pradesh COVID-19 deaths in november 2020 f

On Monday, five doctors and nine staff nurses at the Shri Lal Bahadur Shastri Government Medical College and Hospital, Nerchowk in Mandi district, tested positive.

Yesterday, the state reported a record 711 confirmed cases with seven fatalities in a single day. Shimla district reported the highest 204 confirmed cases.

The COVID-19 death tally has now mounted to 378, while the total number of cases had reached 26197 till yesterday evening (till 9 pm).

HP Health Department COVID-19 Bulletin for November 9, 2020 (9 pm)

 

Himachal Pradesh covid-19 cases on november 10

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