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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

Mumbai: Man Stabbed To Death After He Intervenes To Settle Dispute In Sion Koliwada; Antop Hill Police Arrest 5

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Mumbai: Man Stabbed To Death After He Intervenes To Settle Dispute In Sion Koliwada; Antop Hill Police Arrest 5

Mumbai: A 22-year-old was murdered in the early hours of Friday in Mumbai’s Sion Koliwada area after an argument broke out over noise pollution. The Antop Hill police have registered an FIR in the case and so far five people have been arrested and further investigation is underway.

The incident took place around 12:30 am in Kokri Agar In Jai Maharashtra Nagar, Antop Hill. Vivek Gupta (22) was attacked with a knife and he succumbed to his injuries. As initial information available, a group of people were making noise causing disturbance on the street which lead to an argument broke out. Gupta had gone to resolve the dispute between the accused, however, angered over his interference, Gupta was attacked.

What started as a small fight soon escalated and Gupta was attacked with a knife. He was immediately taken to Sion Hospital, however, he succumbed to his injuries. He was pronounced dead at 3:30 am. The senior police officers of Mumbai Police Zone 4 were present at the hospital. The cops have so far arrested five suspects connected to this incident, and further investigation is underway.

The arrested accused are: Karthik R Mohan Devendra, Karthik Kumar Devendra, Vicky Muttu Devendra, Miniappan Ravi Devendra and the wife of Karthik R Mogan, the police informed. The case is registered under the relevant sections of the Bharatiya Nyay Sanhita.

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Crime

Mumbai: 6 Booked For Defrauding Stock Trader Of ₹1.5 Cr In Bitcoin Investment Scam

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Mumbai: The Bandra police have registered an FIR against six persons for allegedly defrauding a stock trader of nearly Rs 1.50 crore in a Bitcoin investment scam. The suspects fled even before the case was filed, prompting a manhunt. They have been identified as Abur Sode, Dhanjibhai Rawaria, Jishan Shaikh, Indrajit Latif, Abdul Latif, and Ramkumar Dharmak, all from Mumbai and Navi Mumbai.

The complainant in the case, Yogesh More, 50, is a resident of Parel and operates a stock trading business in the Marwari area in Bandra West. He met the accused three years ago, during which they introduced themselves as representatives of a company called Friptex Finsol, claiming to offer Bitcoin as a virtual currency.

Trusting them, More transferred around Rs42 lakh in cash and Rs1.08 crore via cheque to various bank accounts associated with the company for Bitcoin purchases between November 2021 and October 2024. Despite these payments, he did not receive the promised Bitcoins, and after multiple inquiries, the accused continued to evade him. Over the last three years, neither the Bitcoins nor a refund was provided.

Complaint Lodged At Bandra Police Station

Suspecting fraud, he began investigating and discovered that Friptex Finsol was a bogus company, and the accused had orchestrated a scam. He then lodged a complaint with the Bandra police. Following an initial inquiry, the police registered a case against six persons under sections 406 (criminal breach of trust), 420 (cheating), and 34 (common intention) of the Bharatiya Nyaya Sanhita.

A police officer said that the accused are from Mumbai and Navi Mumbai. “The preliminary inquiry has not revealed any past criminal history. We are searching for the accused,” the officer added.

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Crime

West Bengal: Youth Arrested For Rape Of Deaf & Mute Woman In South 24 Parganas’ Kultali

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Kolkata: A youth was arrested on the charges of raping a deaf and mute woman at a deserted building in Kultali in South 24 Parganas district of West Bengal.

Even as the main accused in the case has been arrested, the local people had been agitating claiming that a local Trinamool Congress panchayat chief Prahlad Nashkar allegedly pressurised family members of the victim to settle the matter against Rs 2,00,000.

However, Nashkar has denied the allegations, saying he was the first to reach the spot and inform the family members of the victim about the incident.

Complaint Filed

The victim’s family members filed a complaint on Wednesday evening. Thereafter, the police started an investigation and based on circumstantial evidence, the accused youth was arrested.

He will be presented at a district court in South 24 Parganas on Thursday only and the public prosecutor will seek his police custody, a district police official said.

Part Of Kultali & Jaynagar Turn Into Virtual Battlefields

In the first week of this month, part of Kultali and adjacent Jaynagar turned into virtual battlefields over violent protests by the local people over the rape and murder of a minor girl there.

At that point in time, the main allegation of the local people was against the police and the latter ignored the missing complaint by the parents of the victim. The local people also alleged that had the police been active in tracking the victim minor, the heinous crime could have been averted.

The protesters became violent and attacked the police station. A local police camp was ransacked and set on fire. The police had to resort to massive lathi-charge to dispel the mob then.

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