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Future of Bengal’s Pegasus panel uncertain after SC sets up committee

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With the Supreme Court appointing an independent expert technical committee to examine allegations that the government used Israeli spyware, Pegasus, the future of the two-member commission, formed by the West Bengal government three months before, to probe the issue is unclear.

Though the state commission is yet to come out with an official statement, a section of legal experts believes that after the formation of the committee by the apex court, it has lost its relevance.

The two-member commission comprising former Supreme Court judge, Justice Madan B. Lokur, and former Calcutta High Court Justice Jyotirmay Bhattacharya, met on Thursday to decide their future course of action but declined to speak anything on the issue.

Chief Minister Mamata Banerjee had set up the commission of inquiry into the alleged surveillance of phones using the Pegasus spyware developed by the Israeli cyber-intelligence company NSO Group. It was look into the alleged breach of privacy of several individuals – journalists, activists, businesspersons, police officials, politicians – both in the government and the opposition.

According to the notification issued by the West Bengal government, the commission will “enquire into and report on inter alia the reported interception and the possession, storage and use of such information collected through such interception, in the hands of state actors and non-state actors”.

The commission, set up under the Commissions of Inquiry Act, 1952, was given powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908. This means that it had powers to summon and enforce the attendance of any person from any part of India and examine him or her on oath, and receive evidence, and it can order requisition of any public record or copy from any court or office.

Under Section 5 of the Act, the commission also has the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters that, in the opinion of the commission, may be useful for, or relevant to, the subject matter of the inquiry.

According to political experts, Banerjee’s move to form the commission was an effort to force the Centre to react. Though both the Central and state governments can set up such commissions of inquiry, states are restricted by subject matters that they are empowered to legislate upon.

According to the legal provisions, it matters who orders an inquiry first. If the Central government set up the commission first, then states cannot set up a parallel commission on the same subject matter without the approval of the Centre. But if a state has appointed a commission, then the Centre can appoint another on the same subject if it is of the opinion that the scope of the inquiry should be extended to two or more states.

However, a section of the legal experts believe that the state commission cannot run simultaneously with the committee formed by the Supreme Court.

“The state cannot form this kind of commission legally but the state government has formed the commission under the Commissions of Inquiry Act 1952. The committee the Supreme Court has formed is not under the Act, but it is on the basis of powers vested on the Supreme Court,” former Supreme Court judge Asok Kumar Ganguly said.

“The committee has been formed under Article 142 of the Constitution. If this committee functions, then I cannot understand how the illegal (according to me) commission formed by the state can function. This is not tenable under the Constitution of India,” he added.

However, Trinamool Congress MP and Supreme Court lawyer Kalyan Banerjee contended: “The two can function simultaneously. There is no problem in the functioning of the two commissions.”

Crime

Mira-Bhayandar: Police Busts Illicit Liquor Brewing Den In Nallasopara

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Mira Bhayandar: Further tightening their screws against illicit liquor mafia ahead of the assembly elections scheduled to be held on 20, November, the Mira Road-based central crime branch unit attached to the Mira Bhayandar-Vasai (MBVV) police busted yet another massive illicit liquor brewing unit which was operating from a hillock in a dense jungle area in Nallasopara on Thursday.

Acting on a tip-off, a team led by assistant police inspector- Dattatray Sarak marched 2-kilometre-deep inside the jungle area located in the Dhaniv Baug area of Nallasopara (east) at around 8 am.

The team seized multiple barrels of hooch along with ingredients including 2,800 litres of fermented jaggery wash, 140 litres of liquor, chemicals and other manufacturing equipment collectively worth more than Rs. 1.42 lakh.

However, the den operator identified as- Prabhakar Bhoye and his employees managed to evade the police dragnet. The entire material and equipment were destroyed on the spot.

An offence under the relevant sections of the Maharashtra Prohibition Act-1949 for construction/works of any distillery or brewery and manufacturing intoxicants has been registered in this context at the Pelhar police station.

The consumption of illicit liquor which is unscientifically manufactured by using toxic chemicals like methanol and rectified spirit can cause deaths and other serious ailments including loss of eyesight. Further investigations were underway.

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Crime

Wildlife Smuggling Racket Busted: Rare Snakes, Reptiles, Caged Orangutan Rescued From Dombivli House

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Thane: In a significant operation exposing a wildlife smuggling racket, the Forest Officials rescued rare species of animals from a highrise in Dombivli. The officials raided an apartment in Palava City, Dombivli and found exotic animals including lizard, turtles, rare species snakes and other reptiles stored in the flat. Horrifying enough, the team found a monkey caged in the washroom of the apartment.

It was later confirmed that the rescued animals included Ignuana (lizard), an Orangutan and python. The operation was conducted by the Forest Range Officers from Thane and Kalyan along with a team from Manpada Police Station after a tip.

The officials did not find any accused present in the apartment at the time of the raid. A case under the Wildlife Protection Act 1972 has been registered and a search for the accused is underway. Meanwhile, the seized species are handed over to a local NGO on a temporary basis for observation.

The video of the forest officials raid surfaced on the internet shows a boy opening the door of the well-kept apartment. After entering the flat, the officials gradually come across wildlife species stores in small cage, plastic boxes piled up in the passage and shocking enough an Orangutan in washroom at the end of the apartment.

As per the statement issued by the police, the teams raided the 8th floor apartment in B wing of Savarna Building in Palava City, Dombivli. In the action, the exotic animals seized as prima facie identified as python, ignuana (lizard), turtle, snake etc. The seized wildlife species, on temporary basis, are handed over to Birsa Munda- a local NGO. The pachanama, documentation and search for the accused is underway, it added.

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Crime

Mumbai: Unidentified Body Of Man Chopped Into 7 Pieces Stuffed In Plastic Boxes Found Near Gorai Beach; Probe On

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Mumbai: The dismembered body of a man, estimated to be between 25 and 40 years old, was discovered in several plastic boxes on the side road which goes to Gorai Beach in Mumbai on Sunday.

Upon receiving the information, police arrived at the scene and took the body into custody. It was later sent for a post-mortem examination. The body has not yet been identified, and a case has been registered.

According to police, on Sunday, a male body was found near Picxy Hotel, Babar Pada, Gorai, Borivali West. The body was cut into seven parts and packed in four plastic boxes. The deceased, believed to be between 25 and 40 years old, was wearing dark blue jeans and black shoes. His right hand bore tattoos.

A resident named Santosh Shinde, 55, from Mira Road, informed the Gorai police after learning about the incident. The Gorai police recovered the body from Shefali village in the Babarpada area.

A forensic team is currently investigating the case, and inquiries are ongoing in the vicinity of the incident location. Police have stated that the recovered body remains unidentified. The Gorai police have registered a case, and further investigation is underway.

A special team has been formed to investigate, and information is being gathered from CCTV footage and nearby police stations to assist in identifying the body.

A police officer said that the body was sent to Bhagwati Hospital for a post-mortem. “We can’t conclude anything immediately, as we are still investigating the matter,” the officer said.

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