Latest news with #1989Act
Glasgow Times
8 hours ago
- Business
- Glasgow Times
Council to object to controversial Clydebank battery site
A planning application for the energy site, which would be made up of a compound of batteries and associated electrical equipment, buildings, fencing and situated near Hardgate, has been submitted by Braidfield Battery Storage Limited. Scottish Ministers have received an application under Section 36 of the Electricity Act 1989 for the construction and operation of the storage system with a generating capacity of up to 100 megawatts on the land. Under the 1989 Act, the assessment of the submitted application is undertaken via the Scottish Government Energy Consents Unit for the Scottish Ministers. If approved, the development would take place to the east of Braidfield Farm within the open countryside on part of the Green Belt. It would be made up of 108 battery units and 135 power converters with the battery units taking the form of metal units similar in appearance to a shipping container. READ MORE: Glasgow 2026 Commonwealth Games schedule announced - here's what to expect READ MORE: Major Glasgow Central railway line to be closed multiple times in August The Scottish Government has advised that 315 representations have been received in connection with the proposal. Of those, 25 are in support while 290 are in objection. Objections so far include concerns over the loss of view, impact upon good quality agricultural land, fire risks and safety hazards, while those in support say the development would be good for the area, there may be cheaper electricity as a result while environmental benefits occur. A paper being presented to West Dunbartonshire planning committee next week states that the council wishes to object to the proposal, which it feels is not in line with the local development plan. It reads: 'The council objects to the proposal as it has not been demonstrated that no other suitable sites are available in a location outside the Green Belt. 'The council also objects to the proposal as it has not been demonstrated that the proposal would minimise landscape and visual impacts within the Green Belt as far as possible 'The council also objects to the proposal as it could have a significant adverse impact upon the setting of the Antonine Wall World Heritage Site and Scheduled Monument.'
The Hindu
3 days ago
- Politics
- The Hindu
Karnataka High Court refuses to entertain govt. appeal filed after 381 days against acquittal of six persons for insulting Scheduled Caste person
Stating that there is a clear bar in the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 to entertain an appeal beyond 180 days after the pronouncement of verdict by trial courts, the High Court of Karnataka has refused to entertain an appeal filed by the State government after 381 days. '...the framers of legislation have made a proviso wherein there is a total bar for entertaining the appeal after 180 days. Therefore, in view of the statutory bar, the delay of 381 days in filing the appeal cannot be condoned,' the court said. Justice V. Srishananda passed the order while dismissing an appeal filed by the State government against the September 7, 2023 verdict of a sessions court in Yadgiri district, acquitting six persons from the charges of insulting a member of the SC community in public view and other offences alleged to have been committed in 2014. The State Public Prosecutor (SPP) had argued that taking away the right of appeal only on the ground of technicality would be harsh in a given case and substantial justice would be denied to a complainant only on the technical ground of limitation of 180 days. However, the court pointed out that Section 14-A(2) of the 1989 Act provides only 90 days to file an appeal before the High Court against the judgement of the trial courts while granting liberty to the HC to condone the delay, after the expiry of the period of 90 days if it [HC] is satisfied that the appellant had sufficient cause for not preferring the appeal within 90 days. As a provision to Section 4(3) of the Act makes it clear that 'no appeal shall be entertained after the expiry of the period of 180 days', the court said that it has no jurisdiction in law to entertain the appeal after 180 days. Meanwhile, the court said that it would be open for the SPP to bring to the notice of the State legislature on requirement to amend the statute, if need be, to provide a remedy for a litigant in such circumstances, where the delay occurs on account of the reasons that are not attributable to a negligent litigant, but on account of bonafide reasons.
Hindustan Times
6 days ago
- Politics
- Hindustan Times
Supreme Court stays trial against Vyapam whistleblower Anand Rai under SC/ST Act
NEW DELHI: The Supreme Court on Friday stayed the trial against Anand Rai, the whistleblower in the Vyapam scam in Madhya Pradesh, in connection with a case under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Anand Rai told the Supreme Court that the case was designed to silence him for his public activism. (X/) Rai told the court that the case was designed to silence him for his public activism. A bench of justices Sanjay Karol and PK Mishra passed the order on Rai's petition, which referred to the case as an instance of 'malicious prosecution', and asserted that the safeguards and requirements under the 1989 Act were given a go-by. Senior advocate Kapil Sibal, who appeared for Rai along with senior advocate Vivek Tankha, pointed out that no elements of the offences pertaining to the SC/ST Act were present in the complaint against him. Sibal stated that the entire investigation was conducted by an officer below the rank of Deputy Superintendent of Police, while Rule 7 of the SC/ST Rules requires investigations into offences under the SC/ST Act to be conducted by an officer of a DSP rank or above. Rai's petition, filed through advocate Sumeer Sodhi, said, 'The prosecution has failed to show any caste-specific reference or intentional insult aimed at the complainant or any public servant belonging to Scheduled Castes or Tribes.' It further stated, 'The petitioner has been targeted due to his public activism and ideological positions, which have at times been critical of the government. The present prosecution is not a bona fide exercise of criminal law but a tool for silencing dissent.' Rai approached the top court to challenge the Madhya Pradesh High Court's order of July 3, which had dismissed his appeal to quash the order for framing charges against him issued by the trial court at Ratlam. Rai, a doctor, had exposed irregularities in the medical admissions conducted in the state, known as Vyapam scam, that led to the matter being investigated by the Central Bureau of Investigation (CBI). The allegations against Rai pertained to the unveiling of a statue of Bhagwan Birsa Munda, a tribal icon, in November 2022. A rally was conducted by the JAYS (Jai Adivasi Yuva Shakti) organisation, where certain unruly individuals allegedly obstructed the convoy of elected representatives and public officials, resulting in allegations of unlawful assembly, obstruction of public servants, assault and use of criminal force against him.
