http://147.208.132.198/onlineCDA/PFVersion.jsp?article=http://10.81.141.122/ news/181_1891652,000900010004.htm
'CBI should not be given terrorism cases' Satya Prakash New Delhi, January 7, 2007 The Mulayam Singh Yadav-led Uttar Pradesh Government, which finally ordered a probe by the Central Bureau of Investigation into the serial killing of children in Nithari village near Noida, has opposed the suggestion of entrusting to the CBI cases relating to international terrorism or organised crimes. In its affidavit filed in the Supreme Court, the Uttar Pradesh Government said "such an automatic entrustment of the investigation to the Central Bureau of Investigation would be contrary to the federal structure of the Indian Constitution." The affidavit has been filed in response to the court's September 22, 2006 order on police reforms. Terming it as "useful" the court had asked the National Human Rights Commission, Sorabjee Committee and Bureau of Police Research and Development to examine the suggestion made by advocate Prashant Bhushan on behalf of former Uttar Pradesh DGP Prakash Singh. It was on Singh's PIL that the court passed the order on police reforms. Bhushan had suggested that cases relating to international terrorism and organised crimes like drug trafficking, money laundering, smuggling of weapons and counterfeiting of currency and activities of mafia groups be treated as measures taken for the 'defence of India' and as 'internal security measures' under Article 355 of the Constitution. He had further suggested that such cases involving international or inter-state ramifications should be entrusted to the CBI. Under the present constitutional scheme, law and order is a 'State Subject' and a case cannot to assigned for investigation to the CBI, a central agency, without the consent of the state government concerned. Unlike the US India does not have a concept of federal crime. The court has not issued any directions as yet in this regard but the state government, which opposed the court's order on police reforms, chose to make it abundantly clear that it was against any such move. Other states have not responded to the suggestion so far. [Non-text portions of this message have been removed] -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: [email protected] Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. OSINT, as a part of The Intelligence Network, is making it available without profit to OSINT YahooGroups members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of intelligence and law enforcement organizations, their activities, methods, techniques, human rights, civil liberties, social justice and other intelligence related issues, for non-profit research and educational purposes only. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/osint/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/osint/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
