Latest news with #Ombudsman
Time of India
7 hours ago
- Sport
- Time of India
Supreme Court quashes ban on former Kerala cricketer Santhosh Karunakaran
The Supreme Court has quashed the lifetime ban imposed on former Kerala Ranji Trophy cricketer Santhosh Karunakaran by the Kerala Cricket Association (KCA). The decision came after a bench of Justices Vikram Nath and Sandeep Mehta allowed 's special leave petition against the Kerala High Court's 2021 rulings that had dismissed his writ petition and subsequent appeal. Tired of too many ads? go ad free now In 2019, Karunakaran approached the Ombudsman-cum-Ethics Officer requesting implementation of model byelaws in all District Cricket Associations of Kerala as recommended by the Justice R.M. Lodha Committee and adopted by the BCCI. The Ombudsman rejected his plea in October 2020, citing his failure to include the District Cricket Associations as parties in the case despite repeated directions. Karunakaran challenged this decision in the Kerala High Court, arguing that the Ombudsman's proceedings lacked transparency and he was never informed about those specific directions. The Kerala High Court, both single judge and division bench, dismissed his petitions, stating he approached the court with "unclean hands" and concealed material facts. Following the High Court's dismissal, the KCA issued a show-cause notice and imposed a lifetime ban in August 2021, blacklisting Karunakaran from all activities and removing his rights as a registered member of the Thiruvananthapuram DCA. Karunakaran's request for access to proceedings records was denied by the Ombudsman, who cited being a "persona designata" and not a court of record. The Supreme Court noted that Karunakaran and his counsel faced difficulties during virtual hearings with the Ombudsman, which were frequently interrupted without justification. "Otherwise, also, the only prayer of the appellant in the original application was to frame uniform Bye-laws in sync with the recommendations of the Justice R.M. Lodha Committee. Thus, the application filed by the appellant was not in the form of any adversarial litigation requiring the mandatory opportunity of hearing to the DCAs," the Supreme Court stated. Tired of too many ads? go ad free now The Apex Court found the Kerala High Court's dismissal "harsh," noting Karunakaran was not obligated to include the DCAs in his original application. The Supreme Court set aside the Ombudsman's order and the Kerala High Court's judgments from January 27 and June 21, 2021. "The proceedings of the Original Application No. 10 of 2019 filed by the appellant before the Ombudsman shall stand revived. The concerned parties shall be provided an opportunity of hearing, and the original application shall be decided afresh by the Ombudsman by passing a reasoned order within a period of three months," ordered the Justice Nath-led Bench.
Hans India
7 hours ago
- Sport
- Hans India
Supreme Court sets aside ban on cricketer Santhosh Karunakaran
New Delhi: The Supreme Court has quashed the lifetime ban imposed on former Kerala Ranji Trophy cricketer Santhosh Karunakaran by the Kerala Cricket Association (KCA). A Bench of Justices Vikram Nath and Sandeep Mehta allowed the special leave petition (SLP) filed by Karunakaran against the 2021 rulings of the Kerala High Court, which had dismissed his writ petition and subsequent appeal. The cricketer had originally approached the Ombudsman-cum-Ethics Officer in 2019, requesting implementation of model byelaws in all District Cricket Associations (DCAs) of Kerala as recommended by the Justice R.M. Lodha Committee and adopted by the Board of Control for Cricket in India (BCCI). The Ombudsman rejected Karunakaran's plea on October 3, 2020, citing his failure to implead the DCAs as parties in the case, despite repeated directions. Karunakaran moved the Kerala High Court challenging this decision, arguing that the Ombudsman's proceedings were absolutely non-transparent and he was never informed about those specific directions. Both the single judge as well as the division bench of the Kerala High Court dismissed Karunakaran's petitions, holding that he had approached the court with 'unclean hands' and purportedly concealed material facts. Following the High Court's dismissal of Karunakaran's pleas, the KCA issued a show-cause notice under its bye-laws. In August 2021, the KCA imposed a lifetime ban, blacklisting Karunakaran from all its activities and stripping him of his rights and privileges as a registered member of the Thiruvananthapuram DCA. In its judgment, the Supreme Court agreed with Karunakaran's contention that the proceedings before the Ombudsman lacked transparency and that he was not provided with the relevant records. Notably, Karunakaran had written to the Ombudsman requesting access to a copy of all records of the proceedings in the original application, but his request was denied on the grounds that the Ombudsman is a "persona designata" and not a court of record. Further, the apex court took note of the fact that Karunakaran and his counsel faced repeated difficulties in addressing the Ombudsman, as virtual hearings were 'frequently interrupted without any justification'. It termed the Kerala High Court's dismissal of Karunakaran's pleas as 'harsh', noting that he was under no obligation to implead the DCAs in his original application before the Ombudsman. 'Otherwise, also, the only prayer of the appellant in the original application was to frame uniform Bye-laws in sync with the recommendations of the Justice R.M. Lodha Committee. Thus, the application filed by the appellant was not in the form of any adversarial litigation requiring the mandatory opportunity of hearing to the DCAs,' the top court said. Setting aside the Ombudsman's order, along with the Kerala High Court's judgments dated January 27 and June 21, 2021, the Supreme Court ordered the revival of Karunakaran's original application seeking structural reforms in district-level cricket governance and directed the Ombudsman to hear the matter afresh. 'The proceedings of the Original Application No. 10 of 2019 filed by the appellant before the Ombudsman shall stand revived. The concerned parties shall be provided an opportunity of hearing, and the original application shall be decided afresh by the Ombudsman by passing a reasoned order within a period of three months,' the Justice Nath-led Bench ordered.
ABC News
17 hours ago
- ABC News
Watchdog raises concern over Darwin hotel housing detained illegal fishers
Australia's detention centre watchdog has raised concerns about conditions at an ageing hotel in the Darwin CBD which is being used to detain illegal foreign fishers. The top two levels of the 1970s-era Frontier Hotel have been converted into a makeshift detention centre following a surge in the number of Indonesian fishers caught illegally in Australian waters. Commonwealth Ombudsman Iain Anderson visited the hotel last year as part of his role overseeing Australia's places of detention, after which he reported significant issues with the facility, which have now come to light. "The facility lacks appropriate access to fresh air and exercise," his post-visit summary read. "Accommodation areas were cramped, and while facilities appeared to be clean, some rooms had water damage to walls and carpeting. "Recreational facilities were limited and not fit for purpose. "The outdoor area consists of a temporary camping gazebo that has been erected in an enclosed service area of the hotel between a shipping container and hotel service equipment." The report also detailed how the Frontier had been transformed to accommodate the detainees, including how one hotel room was converted into a medical clinic. Mr Anderson called on the Australian government to consider funding a "purpose-built facility in the Northern Territory that appropriately meets the needs of the current cohorts". "There needs to be somewhere that's actually fit for purpose," he told the ABC. The report into the Frontier Hotel indicates the facility has capacity to detain 20 people and, as well as illegal fishers, the hotel from time to time accommodates "people refused immigration clearance at an airport, and people whose visas are cancelled on character grounds". There has not been a purpose-built immigration centre in the NT since the Commonwealth closed Darwin's Wickham Point Detention Centre in 2016. Since his recommendations were made late last year, Mr Anderson said the Australian Border Force (ABF) and the Home Affairs Department had committed to making changes within the facility. Among those, Mr Anderson said a proper outdoor recreational area was being constructed. "Currently, because of those construction works, it actually means that there's less access to fresh air than there was before," he said. "But I am confident that they're actually listening to my recommendations and they're seeking to improve the conditions at the Frontier Hotel. "We're continuing to monitor what's happening and how long that's going to take." An ABF spokesperson said: "The facilities currently in use are consistent with the 2024 Ombudsman's report and recommendations." "In utilising the facility, implementation of recommendations were considered within the available infrastructure," the spokesperson said. A spokesperson for Home Affairs said the department provided oversight of the company that manages the Frontier facility, an Australian-registered management and training corporation named Secure Journeys. Home Affairs Minister Tony Burke did not respond to a question about whether the federal government was considering Mr Anderson's recommendation to build a new immigration detention facility in the NT. NT Deputy Chief Minister Gerard Maley said the fishers' detention was a "Commonwealth matter" and he did not "know the full details". "What is appropriate is to make sure these illegal fishers suffer a consequence, and they need to make sure that they get detained," he said. Recently, seven fishers from a small village outside of Sulawesi were held in the detention centre, before being found guilty of fishing offences in the Darwin Local Court and deported back to Indonesia.
GMA Network
2 days ago
- Politics
- GMA Network
Diokno, De Lima point out SONA hits and misses
Akbayan Representative Chel Diokno and ML party-list Rep. Leila de Lima on Monday said President Ferdinand Marcos Jr.'s fourth State of the Nation Address (SONA) should have included issues that tackle accountability among public officials. 'Unang-una, sa issue ng accountability, nandyan 'yung pagbabalik natin sa ICC (International Criminal Court). Nandyan 'yung pagpapanagot sa likod ng mga EJK (extrajudicial killings) nung nakaraan,' Diokno said in an ambush interview following Marcos' speech. (First of all, on the issue of accountability, there is our return to the ICC. There is the holding accountable of those behind the EJKs in the past.) 'Nandyan 'yung issue sa corruption na hanggang ngayon ay wala pa rin tayong nakikitang konkretong mga hakbang na parusahan ang mga nasa likod ng iba't ibang sindikato at iba't ibang malalaking kompanya,' he added. (There is the issue of corruption, which until now we still haven't seen concrete steps to punish those behind the various syndicates and major companies.) Diokno was referring to the ICC case of former President Rodrigo Duterte, who was arrested last March, for crimes against humanity over his administration's war on drugs. Asked how he will rate this year's SONA, Diokno said they will give an 'incomplete' grade. ML party-list Rep. De Lima opined that President Marcos should have addressed the Supreme Court decision junking the impeachment case against Vice President Sara Duterte. 'I just wished he could have spoken about accountability because of the decision of the Supreme Court. He could have said something about how significant is accountability in our Constitution,' de Lima said after the SONA. 'Maybe the President is just being careful about it. [But] without necessarily taking issue with the SC decision, he could have stressed the importance of accountability,' de Lima added. In a separate interview, De Lima's fellow former impeachment prosecutor and Oriental Mindoro Rep. Arnan Panaligan said there are other ways to exact accountability outside of the Supreme Court decision and the SONA. 'Maybe the President is just allowing other independent government agencies, like the one will stop the Ombudsman if it wants to conduct an investigation [on a public official],' Panaligan said. 'The Ombudsman is an independent body and are free to investigate government officials. So there is no inconsistency concerning the President not mentioning the impeachment while he calls for accountability,' Panaligan added. In his speech, Marcos tackled issues related to the sports, economy, education, the missing sabungeros, water service interruptions, and flood control projects. He warned that government personnel who steal public funds, such as those for flood control projects, will be dealt with under the law as various parts of the country suffer from inclement weather. — BAP, GMA Integrated News
Daily Record
2 days ago
- Daily Record
Family pay tribute to 'kindest' dad after death in prison
Thomas Oleisky, 32, died four days after he was found unresponsive in his cell at HMP Wealstun in West Yorkshire. Tributes have been extended to a young father whose life was tragically cut short just four days after he was discovered unresponsive in his cell at a West Yorkshire prison. Thomas Oleisky, aged 32, passed away on September 11, 2022, following the harrowing discovery of him in a cell at HMP Wealstun, near Wetherby, with his family remembering him as the "kindest, strongest, bravest person". An investigation into his death by the Prisons Ombudsman revealed that Oleisky was serving a 27-month sentence for controlling and coercive behaviour, marking his first stint in custody. Initially placed in Doncaster jail, he was later transferred to Wealstun. Oleisky had a known history of struggles with alcohol and drugs, and upon his arrival at HMP Doncaster, he exhibited signs of alcohol withdrawal, according to staff reports. On July 5 and 6, Oleisky suffered attacks from fellow inmates, necessitating medical attention on both days. He confided in prison staff that his relationship with a woman linked to a gang might have instigated these violent encounters, reports the Manchester Evening News. Furthermore, on September 2, officers uncovered homemade hooch in his cell and determined that he was intoxicated. The Ombudsman has highlighted a series of troubling events leading up to the death of a prisoner, Oleisky, who had initiated suicide and self-harm prevention protocols (known as ACCT) on September 5, 2022, following an incident where he harmed himself. He expressed fears for his safety on B Wing due to debts owed to other inmates for hooch, prompting his transfer to the segregation unit upon request. However, just two days later, Oleisky was returned to B Wing when he struggled to cope in segregation and there were no alternative placements available. That same afternoon, a relative alerted the prison that Oleisky had phoned his father in what seemed like a farewell call, as he intended to take his own life. Following these incidents, the Ombudsman reported that Oleisky was moved to G Wing with increased surveillance, involving checks every fifteen minutes. Sadly, within an hour, he was discovered unresponsive. Despite being rushed to hospital, Oleisky did not recover consciousness and passed away four days later, as detailed by Yorkshire Live. The Ombudsman's report expresses concern over the decision to move Oleisky back to B Wing, which was the catalyst for his initial self-harm. The report criticises the decision-making process, stating: "I am concerned about the decision to move Mr Oleisky back to B Wing, the location that had triggered his initial act of self-harm. The decision appeared to have been taken unilaterally by a prison manager. "I consider that there should have been a multi disciplinary discussion about the best location for Mr Oleisky. While staff considered placing Mr Oleisky on constant supervision on 7 September, I am satisfied that the decision to increase observations to four an hour was reasonable in the circumstances. The investigation found that while staff held multidisciplinary ACCT reviews and set appropriate care plan actions, the care plan was not completed correctly which potentially led to confusion about whether actions had been completed or were still outstanding." A clinical reviewer concluded that Wealstun provided reasonable care for Oleisky's substance misuse and mental health issues, though she pointed out problems with record-keeping and sharing of information. The Ombudsman also highlighted a delay in activating the medical emergency code when Oleisky was found unresponsive, leading to a recommendation being made to the prison governor. The inquest in March delivered a narrative verdict stating: "Tom deliberately did the act that ended his own life but his probable intent cannot be ascertained. The causative issue was the decision at the ACCT Review on the September 7, 2022, not to remove items which could be used as a ligature." On the matter of confiscating personal items, the Ombudsman remarked: "We note that staff did not remove any items, such as shoelaces or clothing, from Mr Oleisky after he tied the dressing gown cord around his neck when he returned to B Wing. It is a difficult judgement call as it can be distressing to prisoners to have personal items removed and it should be reserved for prisoners at very high risk. "Staff told us that Mr Oleisky's mood calmed significantly during the final case review and apart from withholding razors, they did not consider that removal of any other items was necessary given the frequency of observations in place and the move to G Wing. We consider this was reasonable in the circumstances."
