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LIFE Mission Case : Supreme Court Issues Notice On Petition Challenging CBI Investigation

first_imgTop StoriesLIFE Mission Case : Supreme Court Issues Notice On Petition Challenging CBI Investigation LIVELAW NEWS NETWORK25 Jan 2021 12:47 AMShare This – xThe Supreme Court on Monday issued notice on a petition filed by the CEO of the LIFE Mission Project of the Kerala Government challenging the Kerala High Court judgment which dismissed the petitions challenging the CBI investigation into corruption allegations and FCRA violations in relation to receipt of foreign donations for constructions houses for the flood victims in the state.A…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 Supreme Court on Monday issued notice on a petition filed by the CEO of the LIFE Mission Project of the Kerala Government challenging the Kerala High Court judgment which dismissed the petitions challenging the CBI investigation into corruption allegations and FCRA violations in relation to receipt of foreign donations for constructions houses for the flood victims in the state.A bench comprising Justices Ashok Bhushan, R Subhash Reddy and BR Gavai issued notice to the Union Government and the Central Bureau of Investigation, returnable within four weeks.Senior Advocate K V Vishwanathan, appearing for the LIFE Mission CEO, argued that government projects have exemption under the Foreign Contributions Regulation Act. In any case, the LIFE Mission CEO has not received any amounts from the UAE Red Crescent for the project, and the donations were received by the private contractors who were entrusted with the construction work, he submitted. Therefore, the CBI FIR had no basis.Vishwanathan further argued that the CBI investigation in the instant case was contrary to the spirit of federalism. The CBI needs either the sanction of the state government or an order from the High Court to investigate a crime within a state. Here, under the pretext of enquiry under FCRA, the CBI is seeking to undertake a roving investigation into baseless allegations of corruption, with political motivations, argued the senior counsel.”If there is corruption, the vigilance will investigate. If there is cheating, it is for the state police to investigate”, he said. A case under FCRA – which is not applicable to the government agency- cannot be converted into a corruption case to probe into a state’s project, he submitted.He highlighted that the LIFE Mission project was to help people to tide over the heavy losses caused by floods.High Court’s dismissalIt was on January 12 that the the Kerala High Court  dismissed the petitions filed by the CEO of Life Mission Project of Kerala Government and Santhosh Eappen, the MD of the contractor company, challenging the CBI investigation into the case related to alleged corruption and FCRA violations.The HC observed that the modus operandi of the case and the nature of allegations suggested the involvement of higher officials of the government.The Court however held that the criminal liability of the non-political actors in the case cannot be extended to the political executive of the State, just because the crime was done while executing a policy decision of the government.The court explained in the order that the executive of the State consists of the political executive (ministers) and non-political executive(the civil servants). The non-political executive implements the policy decisions taken by the political executive. If criminal misdeeds are done by the non-political executive while implementing a policy decision of the political executive, such criminal liability cannot be extended to the political executive just because the latter took the policy decision.A single bench of Justice P Somarajan observed in the order :”In the instant case, all these mischiefs were done during the implementation of the LIFE mission by permanent members of non-political executive attached to the IAS along with Swapna Suresh, Sandeep Nair and other accused. The mere fact that policy decision was taken by the CM and the ministers or the legislature may not be itself a sufficient ground to extend criminal liability for the wrong done by non -political actors and their allies to the political executive. Therefore criminal liability cannot be extended to political executive merely because they took a policy decision”.On October 13 last year, a bench of Justice V G Arun had passed a stay order in the petition filed by U V Jose, CEO of the LIFE Mission Project, seeking to quash the FIR registered by the central agency alleging violations of the Foreign Contributions Regulation Act over the receipt of foreign contributions from the United Arab Emirates for the construction of housing units for the flood victims at a government plot in the Thrissur district. The bench had also considered a petition filed by Santhosh Eappen, the Managing Director of Unitac Ltd, the private builder, who was arrayed as first accused in the CBI FIR.LIFE(Livelihood, Inclusion and Financial Empowerment) Mission’ is a housing project mooted by the Kerala Government for the benefit of the homeless.The issue relates to the project for the construction of 140 housing units in Wadakkanchery in Thrissur district. As per the application filed by the CEO in the HC, in 2019, the ‘Red Crescent Authority’ of the United Arab Emirates offered to sponsor the project and accordingly, a Memorandum of Understanding was entered into that year itself. As per the MoU, the sponsor was to execute the project through independent contractors.Alleging that foreign contributions to the tune of 10 Lakh Arab Emirates Dirham were transferred to the private contractors – Unitac Ltd and Sane Ventures – in violation of FCRA norms, a legislator belonging to the Congress party, Anil Akkara, filed a complaint before the CBI on September 20.Next Storylast_img read more

Tedeschi Trucks Band Releases Music Video For “Hard Case” Ahead Of Album Release [Watch]

first_imgToday, Tedeschi Trucks Band premiered the music video for their latest single, “Hard Case”, from the band’s forthcoming album, SIGNS. Marking the band’s first studio release since 2016’s Let Me Get By, the band’s fourth studio effort is scheduled to arrive next month on February 15th via Fantasy/Concord Records.The 11-track album was co-produced by TTB leader and guitarist Derek Trucks along with Jim Scott and Bobby Tis, and will include all original songs which were recorded live on two-inch analog tape at their Swamp Raga Studio. TTB brethren Warren Haynes, Oliver Wood, Doyle Bramhall II, and Marc Quiñones also appear on the record. Some of the tracks to be included on the album are titled, “Strengthen What Remains”, “Still Your Mind”, “All The World”, and “Hard Case”. The latter was written by Mike Mattison, Derek Trucks, and Susan Tedeschi, and was debuted as the album’s soulful lead single last week.The music video’s story–which features an imprisoned buffalo man looking for a way out–was written by Mattison, and animated and designed by Brett Underhill. Watch TTB’s music video for “Hard Case” below, and follow the buffalo man’s adventures from the prison to the beach.Tedeschi Trucks Band – “Hard Case” – Official Video[Video: Tedeschi Trucks Band]“Hard Case” LyricsYou got a lot to learnI got a lot to loseGuess I hold a candleFor singers of the bluesYou’re a hard case to refuseCall down any witnessLord, I stand accusedBut I’ll be back in businessIf they cut me looseYou’re a hard case to refuseYou’re a hardYou’re a hard case to chooseLiving a lie and loving youYou’re a hard case to refuseOh such a hard case to refuseYou got a lot to learnI got a lot to loseGuess I hold a candleFor singers of the bluesYou’re a hard case to refuseLord I got it in meWhat it comes down toClimb that concertinaAnd come back when you’re bruisedYou’re a hard case to refuseYou’re a hardYou’re a hard case to chooseLiving a lie and loving youYou’re a hard case to refuse – oh yeaHard case to refuseHard case to refuse – I’m a witnessHard living the bluesHard case to refuse – I ain’t giving up on youHard case to refuseRead Lyrics“SIGNS reflects on the losses suffered by the band in the past few years while still finding cause for hope and celebration in the beauty of life and nature,” the band shared in a statement to their Facebook last week, dedicating the album to their friend and mentor Col Bruce Hampton (Ret.). Other losses include the recent deaths of TTB mentors like Leon Russell and Allman Brothers Band members Butch Trucks and Gregg Allman.Tedeschi Trucks Band will celebrate the official release of SIGNS with a show at Brooklyn Academy of Music in Brooklyn, New York on Wednesday, February 20th. Tickets for the album release show at Brooklyn Academy of Music are on sale now. Every pair of tickets purchased for this show will come with a digital download of the new album.SIGNS Tracklisting1. “Signs (High Times)”2. “I’m Gonna Be There”3. “When Will I Begin”4. “Walk Through This Life”5. “Strengthen What Remains”6. “Still Your Mind”7. “Hard Case”8. “Shame”9. “All The World”10. “They Don’t Shine”11. “The Ending”View All Tour DatesThese updates should be a silver lining for what’s been an interesting couple of weeks for the popular rock band. On Christmas Eve, the band announced that bassist Tim Lefebvre would be leaving the group. They also revealed a week later that keyboardist Kofi Burbridge will be taking time away from the band as a result of a recent follow-up procedure to a 2017 surgery, with Gabe Dixon coming on to fill the role until his return. On a lighter note, the band is also charging into the new year with their first-ever official fan community with the newly-established “Swamp Family” fan club.TEDESCHI TRUCKS BAND 2019 TOUR DATES1/17/19 – Cedar Rapids, IA – Paramount Theatre SOLD OUT1/18/19 – Chicago, IL – Chicago Theatre1/19/19 – Chicago, IL – Chicago Theatre1/22/19 – Knoxville, TN – Tennessee Theatre1/23/19 – Chattanooga, TN – Soldiers & Sailors Memorial Auditorium1/25/19 – Chicago, IL – Chicago Theatre1/26/19 – Chicago, IL – Chicago Theatre1/28/19 – New Orleans, LA – Saenger Theatre1/29/19 – New Orleans, LA – Saenger Theatre1/31/19 – Nashville, TN – Ryman Auditorium2/1/19 – Nashville, TN – Ryman Auditorium2/2/19 – Nashville, TN – Ryman Auditorium2/15/19 – Washington, D.C. – Warner Theatre2/16/19 – Washington, D.C. – Warner Theatre2/17/19 – Hershey, PA – Hershey Theatre2/20/19 – Brooklyn, NY – Brooklyn Academy of Music – Howard Gilman Opera House2/22/19 – Washington, D.C. – Warner Theatre2/23/19 – Washington, D.C. – Warner Theatre2/26/19 – Philadelphia, PA – The Met Philadelphia2/28/19 – Birmingham, AL – Alabama Theatre3/1/19 – Augusta, GA – William B. Bell Auditorium3/2/19 – Asheville, NC – Thomas Wolfe Auditorium4/2/19 – Paris, FR – L’Olympia4/4/19 – Eindhoven, NL – Muziekgebouw4/5/19 – Winterbach, DE- Salierhalle Winterbach4/7/19 – Copenhagen, DK – Amager Bio4/8/19 – Stockholm, SE – Cirkus SOLD OUT4/10/19 – Oslo, NO – Sentrum Scene4/11/19 – Copenhagen, DK – Amager Bio SOLD OUT4/12/19 – Randers, DK – Vaerket4/14/19 – Bochum, DE – Rurhcongress4/15/19 – Hamburg, DE – Mehr! Theater4/17/19 – Milan, IT – Teatro degli Arcimboldi4/18/19 – Trieste, IT – Politeama Rossetti4/20/19 – Zurich, CH – Theater 114/23/19 – Brussels, BE – Ancienne Belgique4/24/19 – Utrecht, NL – Tivoli Vredenburg4/26/19 – London, UK – The London Palladium SOLD OUT4/27/19 – London, UK – The London Palladium SOLD OUT5/10/19 – Oakland, CA – Fox Theater5/11/19 – Oakland, CA – Fox Theater5/12/19 – San Diego, CA – San Diego Civic Theatre5/14/19 – Tucson, AZ – Tucson Convention Center5/16/19 – Los Angeles, CA – Orpheum Theatre5/17/19 – Los Angeles, CA – Orpheum Theatre5/18/19 – Mesa, AZ – Mesa Amphitheatre5/21/19 – Sacramento, CA – Memorial Auditorium of Sacramento5/23/19 – Seattle, WA – Paramount Theater of Seattle5/24/19 – Seattle, WA – Paramount Theater of Seattle5/25/19 – Salem, OR – LB Day Comcast Amphitheatre6/28/19 – Jacksonville, FL – Daily’s Place *6/29/19 – Boca Raton, FL – Mizner Park Amphitheater *6/30/19 – St. Petersburg, FL – Al Lang Stadium *7/03/19 – Orange Beach, AL – Wharf Amphitheater *7/05/19 – Charleston, SC – Volvo Car Stadium *7/06/19 – Simpsonville, SC – Heritage Park Amphitheater *7/07/19 – Charlotte, NC – PNC Music Pavilion *7/09/19 – Raleigh, NC – Coastal Credit Union Music Park at Walnut Creek *7/13/19 – Gilford, NH – Bank of New Hampshire Pavilion *7/14/19 – Saratoga Springs, NY – Saratoga Performing Arts Center *7/16/19 – Canandaigua, NY – CMAC *7/19/19 – Cincinnati, OH – PNC Pavilion *7/20/19 – Huber Heights, OH – Rose Music Center at the Heights *7/23/19 – Rochester Hills, MI – Meadow Brook Amphitheatre *7/24/19 – Indianapolis, IN – Farm Bureau Insurance Lawn at White River State Park *7/26/19 – Morrison, CO – Red Rocks *7/27/19 – Morrison, CO – Red Rocks *7/30/19 – St. Louis, MO – Fox Theatre *7/31/19 – Brandon, MS – Brandon Amphitheater *8/02/19 – Atlanta, GA – Fox Theatre *8/03/19 – Atlanta, GA – Fox Theatre ** 5th Annual Wheels of Soul tour with Blackberry Smoke and Shovels & Rope (Additional dates to be announced)View All Tour Dateslast_img read more