Investigation & Arrest Under Immoral Traffic (Prevention) Act To Be Conducted By Special Police Officer; Power Cannot Be Delegated: Kerala High Court

first_imgNews UpdatesInvestigation & Arrest Under Immoral Traffic (Prevention) Act To Be Conducted By Special Police Officer; Power Cannot Be Delegated: Kerala High Court LIVELAW NEWS NETWORK30 Nov 2020 1:37 AMShare This – xThe Kerala High Court has made it clear that any investigation or arrest under the Immoral Traffic (Prevention) Act, 1956 has to be conducted only by a Special Police Officer authorized in that behalf. It has been held that there is no provision in the Act that empowers such Special officer to authorise the investigation of the case to be conducted by any other Police…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 Kerala High Court has made it clear that any investigation or arrest under the Immoral Traffic (Prevention) Act, 1956 has to be conducted only by a Special Police Officer authorized in that behalf. It has been held that there is no provision in the Act that empowers such Special officer to authorise the investigation of the case to be conducted by any other Police officer. The observation is made by a Bench of Justice MR Anitha in an application for quashing of FIR filed by a lodge owner, who was booked under the Act. As per the facts of the case, Circle Inspector of Police, Perinthalmanna conducted a search in the lodge run by the Petitioner and found that the accused No. 2 to 7 were inside the lodge rooms engaged in prostitution for money. The accused were arrested and a case was registered. Thereafter, Circle Inspector, Pandikkad conducted the investigation, questioned the witnesses and filed charge under Secs 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act. According to the petitioner, under the provisions of the Act, arrest and investigation has to be conducted by a Special Police Officer as provided under Section 2(i) and 13 of the Act. [Section 13 states: There shall be for such area to be specified by the State Government in this behalf a special police officer appointed by or on behalf of that Government for dealing with offences under this Act in that area.] In this case, he pointed out, the investigation was conducted by Circle Inspector, Pandikkad whereas the place of occurrence of the alleged incident was within the jurisdiction of Perinthalmanna police station. It was also his contention that there is no provision under the Act to empower the special police officer to authorise investigation of the case to be conducted by any other officer. Finding merit in this submission, the High Court held, “Section 14(ii) does not empower the Special Police Officer i.e. Inspector of Police, Perinthalmanna to authorise the investigation of the case to be conducted by the Police Inspector, Pandikkad. So the investigation conducted by the Inspector of Police, Pandikkad who is not the Special Police Officer is not in compliance with the provisions of law. So as rightly contended by the learned counsel, the criminal prosecution initiated against the petitioner based on the final report filed by the Circle Inspector, Pandikkad is not sustainable in law.” [Section 14(ii) states: when the special police officer requires any officer subordinate to him to arrest without warrant otherwise than in his presence any person for an offence under this Act, he shall give that subordinate officer an order in writing, specifying the person to be arrested and the offence for which the arrest is being made; and the latter officer before arresting the person shall inform him of the substance of the order and, on being required by such person, show him the order.] Reliance was placed on Joseph v. State of Kerala, 2011 (2) KHC 958, whereby while dealing with Sections 3, 4, 5, 14 (ii) of the Act, the High Court had held that authorisation given by the Special Police Officer to his subordinate officer must mention the name of any of the persons to be arrested. It is also held that Special Police Officer cannot authorise investigation of the case to be conducted by any other officer. The Court observed that the Government of Kerala has appointed Circle Inspector of Police attached to the police stations in the State as Special Police Officers for dealing with offences under the Act within their respective area of jurisdiction. Perinthalmanna and Pandikkad have been given under the separate jurisdictional limits and that would in turn indicate that Circle Inspector of Police, Perinthalmanna would be Special Police Officer within the jurisdiction of Perinthalmanna circle and the Circle Inspector of Police, Pandikkad would be the Special Police Officer within the Pandikkad circle. In this backdrop the Bench quashed the FIR and criminal proceedings, and observed, “Circle Inspector of Police, Pandikkad will not be the Special Police Officer with respect to a crime committed within the jurisdictional limits of Perinthalmanna circle. So, in view of the settled position of law, the final report filed by the Inspector of Police, Pandikkad who is not the Special Police Officer empowered under Section 13 of the Act is not in compliance with the provisions of the Act and hence is not sustainable in law.”Other reports pertaining to this Act: Victim Under Immoral Traffic (Prevention) Act Can’t Be Sent To Correctional Home Against Her Wishes If She Is An Adult: Bombay HCNot Mandatory To Call Two ‘Respectable’ Persons For A Raid Under Immoral Traffic (Prevention) Act: Rajasthan HC Case Title: Ali Ahammed v. State of Kerala Click Here To Download Order Read OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Breakfast in schools: it just doesn’t work

first_imgNBR 18 May 2013A few months ago, Social Service Providers Aotearoa asked me to review the literature on school breakfast programmes and provide an assessment of whether public funding of school breakfast programmes offered value for money.I spoke on the issue in Wellington and in Christchurch in February. As the government seems to be looking at the Mana Party’s proposals around food in schools (a package will be announced in a fortnight), it’s worth posting a summary of the review here.I was only looking at school breakfast programmes, and so I can’t here comment on school lunch programmes. I’m not sure why we’d expect results to vary greatly, but it’s worth having the caveat.On my best read of the literature, it’s hard to make a case for that we’d get any great benefit from the programmes.Rather, we often find that they don’t even increase the odds that kids eat breakfast at all.Many shift breakfast from at-home to at-school. read more

For 57 years, this man has crafted wooden lacrosse sticks by hand

first_img Published on April 15, 2018 at 10:45 pm Contact Matthew: [email protected] | @MatthewGut21 His shoulders, fingers, wrists and back hurt after he logs six- to 10-hour days. Jacques said he makes about 200 sticks per year now, down from about 11,000 in 1972. In the 1960s and 1970s, he made sticks for many Syracuse, Cornell, Siena and Cortland men’s lacrosse players. He learns more about the stick creation process every time, and often tells people who buy his sticks that they’re “the best stick I’ve ever made.”“Each stick is a work of art,” said Jacques’ sister, Freid. “He never hurried up so he could make more and make a lot of them, so he could make more money. That’s never the purpose. It’s to make an excellent stick.”Since many traditional stickmakers have died or retired, Jacques is running one of the last old-school stick-production joints in the country. He works in a shed with a few lights, alongside cats named Obama and Michelle, on a wooden bench he built with his father in 1969. His father, Louis, introduced lacrosse to him, setting him on a path to become a star at nearby LaFayette High School.In the decades since, when traveling to games and conventions, he’s had a front-row seat to the rise in the game, which he correlates with the rise in plastic heads. He maintains an appreciation for the innovations that drove a stark decline in demand for wooden sticks. He has no hard feelings, because he said it’s what brought lacrosse across the country and world.“If we had relied on Indians making wooden sticks,” Jacques said, “the game wouldn’t have grown as big, as fast.”The Syracuse men’s lacrosse team has not visited Jacques’ workshop, he said, but visiting teams sometimes do on their trips to play the Orange. Notre Dame and Virginia have watched him make sticks. Last year, UVA head coach Lars Tiffany looked back to his time growing up on a ranch in LaFayette — near Onondaga Nation — by busing his entire team to Jacques’ barn. Players packed into a back room.“The Onondaga Reservation reminds us all of the beauty of this game,” Tiffany said. “Alfie’s stick-making is at the core of lacrosse.”Alexandra Moreo | Senior Staff PhotographerThe foundation for the best-quality lacrosse stick begins about a year before it’s even used in a game. Tree selection is not paramount — Jacques said all steps are integral — but finding the right tree is make-or-break. The living nature of the tree is believed to transfer into the lacrosse stick and the person using the stick. A bad tree makes it impossible to construct a stick, said Jacques, who surveys forests in the LaFayette, Cortland, Cazenovia, Ithaca and Oswego areas.There can be no knots or limbs for the first 3 meters. The tree must be at least 100 years old. Each log costs about $50. Sometimes, he’ll pick five hickory trees out of 200. He cuts them down himself, and he brings seeds and plants new trees.Then Jacques splits the tree into eighths using a wooden mallet, axes and wooden wedges. He uses a knife — made in 1832 and passed down to him by his father — to remove bark and to carve the stick to its final form. He straightens the handle, balances the piece and puts final trims on.There is no playbook or measuring tools, just his own estimation that comes from 57 years of experience. The drying process alone is about six months. He completes each stick by sanding it, burning his logo, dating and stamping.As a large green belt-sander hummed last week, Jacques sat on an old wooden bench and carved a stick. He paid special attention to how the knife traveled. He explained that you don’t just pull the knife along the wood. A defining characteristic of a good stick lies in the handle. Don’t minimize the handle.“It’s therapeutic,” Jacques said. “You have a wood stove on, pot of coffee, just make chips all day. When you’re done, the floors are covered with chips. It’s a relaxing thing to do. Everything you do in this work has purpose to the end product. There’s no gravy. You don’t just cut for cutting sake. You cut with purpose. You saw with purpose, carve with purpose, drill holes with purpose.”Alexandra Moreo | Senior Staff PhotographerHe’s crafted wooden sticks for nearly six decades, factoring in his introduction to stick-making. Back in 1960, his family couldn’t afford a stick, which went for $5, so he and his father cut down a hickory tree in the backyard and made a stick without much background knowledge.Since then, a lot has changed. The game of lacrosse has blossomed. Many fellow stickmakers have died. Lacrosse fans have come from far beyond the edges of Onondaga Nation for his sticks. As the internet boomed, he never felt the urge to have social media or advertise on a website. There may even be a few thousand more sticks in his future, though he looks forward to scaling back in retirement.His sticks, at that workshop at the bottom of the hill, have remained a constant through it all.“This is what I live for,” he said. “This is what I can do all of the time, every day. This is my life.” Comments As steam formed inside a rusty oil tank, Alfie Jacques crafted wooden lacrosse sticks at a barn down a dirt driveway on the Onondaga Nation reservation a few miles south of Syracuse University.The tank in question measures a few feet wide and about 8 feet long. Its temperature was set so high that steam shot out of the 1,000-liter drum filled with water. Jacques, 69, stuck a piece of wood into the tank, pulled it out and bent it.“This boil starts steaming like hell,” he said. “The wood doesn’t just bend. You have to muscle it.”A few dozen logs sat under a tarp on the grass behind Jacques. About 15 yards away is his barn, home to what he believes is the best stickmaking in the world. The air smelled of wood. There is no plastic, no music, no TVs, no signs of assembly-line production. There’s just Jacques, his wood, his equipment and his devotion to a technique — a way of life — that has lasted nearly six decades. It has spanned the United States and Canada, and created more than 100,000 one-piece wooden lacrosse sticks, each made by hand.AdvertisementThis is placeholder textKevin Camelo | Digital Design EditorSeven days a week, 40-something weeks a year, Jacques wakes up at his Fayetteville home and drives his red van to a spot on the Onondaga Nation reservation that doesn’t show up on Google Maps. He opens up shop, crafts some sticks and locks up in the evening. It’s a no-frills operation that begins with selecting the best shagbark hickory trees and ends by fusing a message onto the stick, along with a trademark stamp. The inscription is often custom, especially if the stick serves as an award or gift. A stick he recently made reads: “Leader, friend.”“This is the Creator’s Game,” he said. “It’s a lot more than people think. People think of the Native American as a savage, godless creature that’s out to kill people. They say we’re poor, uneducated, on a reservation, totally controlled by the white people. That’s how they like their Indian. We’re always fighting against that kind of prejudice. So we embrace one another and the game of lacrosse.”Because of an extensive drying process, each stick takes 10 months to make and sells for about $350. Yet he maintains a drive for his craft because for Native Americans, lacrosse is sacred. Men are put to rest in a casket with a lacrosse stick.Many of his sticks are made for people living on the Onondaga Nation reservation, where lacrosse is used to heal and lift the spirits of community members.“Lacrosse is who we are as a people,” Jacques said. “And this is the mecca of lacrosse. People come from all over to watch the old Indian guy make lacrosse sticks.”center_img Facebook Twitter Google+last_img read more