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Calcutta HC Sets Aside Single Judge’s Order Reviving Criminal Proceedings Against Anisur Rehman, Remands Back Matter

first_imgNews UpdatesCalcutta HC Sets Aside Single Judge’s Order Reviving Criminal Proceedings Against Anisur Rehman, Remands Back Matter Mehal Jain14 April 2021 2:31 AMShare This – xThe Calcutta High Court has set aside an order of a Single Judge reviving criminal proceedings against erstwhile West Bengal BJP leader Anisur Rehman without granting him an opportunity of being heard and remanded the matter back for being considered afresh.Rehman was arrested in the October 2019 murder of Trinamool Congress functionary Kurban Shah. Rehman had defected to the BJP from the…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 Calcutta High Court has set aside an order of a Single Judge reviving criminal proceedings against erstwhile West Bengal BJP leader Anisur Rehman without granting him an opportunity of being heard and remanded the matter back for being considered afresh.Rehman was arrested in the October 2019 murder of Trinamool Congress functionary Kurban Shah. Rehman had defected to the BJP from the TMC ahead of the 2019 Lok Sabha polls. Reportedly, Rehman had recently announced his decision to quit the BJP and ally with the Trinamul again.On Tuesday, the bench of CJ Thottathil B. Radhakrishnan and Justice Arijit Banerjee was considering an appeal against the March 2 order by Justice Sabyasachi Bhattacharyya on a writ petition filed by Shah’s nephew Jahar Sha against the proposal of the State Government to initiate action in terms of Section 321 of the CrPC for withdrawal of the criminal cases pending against the appellant, Rehman. The bench noted that the appellant, was not made a party in the writ petition. However, the Single Judge quashed the order that was passed by the Trial Court under Section 321 by virtue of which the criminal charges against the appellant stood withdrawn.”The appellant stands accused in several criminal cases. At the hearing, it was submitted by the learned Advocate General representing the State that an order under Section 321 of the Code of Criminal Procedure had already been passed by the concerned Trial Court. Mr. Ganguly, learned Senior Counsel appearing for the appellant submits that quashing of the order under Section 321 of the Code of Criminal Procedure without hearing the appellant amounted to clear and flagrant violation of the principle of audi alteram partem. The order, which conferred substantial benefits on the appellant, could not have been set at naught without giving the appellant an opportunity of hearing”, recorded the bench.The bench was in agreement with the Counsel that there has been a breach of the principles of natural justice in this case. “On that count alone, we set aside the order impugned under appeal. The matter is remanded to the learned Single Judge for being heard afresh”, said the bench.”Needless to say that by reason of this order, the status that prevailed on the day when the learned Single Judge disposed of the writ petition, shall stand restored, whatever the effect thereof be”, the bench further directed.The bench requested the Single Judge to hear out and decide the writ petition as soon as the business of his Court permits. It may be noted that on March 26, the Supreme Court had granted interim relief to Bengal CM Mamata Banerjee’s election agent SK Supian in relation to matter of revived FIRs against him in the Nandigram violence case.In February 2020 and June 2020, the public prosecutor had filed applications in these cases for withdrawal of prosecution. The Calcutta High Court in two PILs Dipak Misra v. State of West Bengal & Ors., and Nilanjan Adhikary v. State of West Bengal and Ors., reversed the decision to discharge and acquit him. A division Bench of Justice Indira Banerjee and Justice Krishna Murari has ordered an ad-inetrim stay on the High Court’s order dated 5 March 2021. On Tuesday, the division bench of the Calcutta High Court also directed status quo as regards the applicants before itself in these PILs, co-terminous with the order of stay granted by the Supreme Court of in order dated 26.03.2021. The order of the Single Judge of the Calcutta High Court of March 2 on Jahar Sha’s writ petitionIn the impugned order, Justice Bhattacharya recorded that the petitioner, Jahar Sha, the de facto complainant, had lodged a complaint against several persons regarding alleged murder of the petitioner’s uncle. On the basis of such complaint, a First Information Report was registered and investigation had commenced. Subsequently, the charge-sheet was filed and the criminal trial had started.The Single Judge noted that the charge-sheet indicates that grave offences were alleged against the accused persons, including Section 302 of the Indian Penal Code. Subsequently, the accused persons applied separately for bail before the High Court, but were refused on all such occasions.”It is relevant to mention here that in all of such orders refusing to grant bail, passed by Division Benches of this Court, it was recorded that the Public Prosecutor opposed the prayer for bail. However, by the impugned order dated February 26, 2021, when the trial was about to reach culmination upon direction for expeditious hearing by a co-ordinate Bench, the Legal Remembrancer and Ex-officio Secretary to the Government of West Bengal, Judicial Department, apparently on the direction of the Governor, instructed the concerned Public Prosecutor to withdraw the case, under the provisions of Section 321 of the Code of Criminal Procedure”, Justice Bhattacharya noted.Upon considering the submission of both sides, the Single Bench opined that the Supreme Court categorically has laid down the yardsticks on which an application for withdrawal by a Public Prosecutor is to be made- that as per Bairam Muralidhar Vs. State of Andhra Pradesh [(2014) 10 Supreme Court Cases 380], the central question was whether the Public Prosecutor had really applied his mind to all the relevant materials on record and satisfied himself that the withdrawal of the prosecution would subserve the cause of public interest or not. In the said authority, it was held that it is expected of the court to consider the materials on record to see that the application has been filed in good faith and it is in the interest of public interest and justice. Another aspect the court is obliged to see is whether such withdrawal would advance the cause of justice. It was further observed that the Public Prosecutor cannot act like the post office on behalf of the State Government; he is required to act in good faith, peruse the materials on record and form an independent opinion that the withdrawal of the case would really subserve the public interest at large. It was also held that an order of the Government on the Public Prosecutor in this regard is not binding.”As far as the argument of learned Advocate General goes that Section 321 of the Code of Criminal Procedure confers power on the State, for all practical purposes, to decide whether an application for withdrawal of prosecution shall be made, the said contention cannot be accepted in view of the judgement in Bairam (supra) as well as the language of Section 321 of the Code of Criminal Procedure itself”, stated Justice Bhattacharya.The Single Judge expressed the view that as held in the said judgment, the Public Prosecutor cannot act like the post office on behalf of the State Government, but is required to apply his independent mind and good faith and peruse the materials on record to form an independent opinion whether the withdrawal of the case would really subserve the public interest at large, that even Section 321 of the Code of Criminal Procedure says that the Public Prosecutor or Assistant Public Prosecutor-in-Charge of a case may make such an application. “It requires no precedent to observe that, although counsel is bound by the instructions of his client, in view of the specific power conferred in Section 321 of the Code on the Public Prosecutor, and not the State, to take such decision, there is ample scope of exercise of independent discretion by the Public Prosecutor in deciding to follow or refuse the instructions of the State in that regard”, concluded the Single Judge.Besides, Justice Bhattacharya was of the opinion that since Bairam’s case laid down certain specific criteria to be observed for a Public Prosecutor to make an application for withdrawal, the same fetters should bind any instruction by the State as well. “Surprisingly, in the instant case, a specific notification was issued on February 26, 2021, apparently communicating a direction of the Governor to instruct the concerned Public Prosecutor to withdraw the case–in-question subject to the consent of the Sessions Court. However, not an iota of reason and/or how such withdrawal would advance the cause of justice and public interest has been indicated in the said order”, said the Single Bench.Moreover, Justices Bhattacharya commented that the modus operandi in the present case is rather transparent since the Public Prosecutor actually acted on such instruction and made an application pursuant to the order of the State Government and, despite having knowledge of the High Court being in seisin of the present writ petition, the concerned Sessions Judge has granted consent for such withdrawal, which had the effect of acquitting the accused persons.”It is evident from the stand of the State taken on all previous occasions when bail was rejected, that the State vehemently opposed even the grant of bail to the accused. Hence, it defies logic completely as to what prompted the Government to instruct the Public Prosecutor-in-question to withdraw the case against the accused persons all on a sudden”, remarked the judge.Justice Bhattacharya asserted that despite the self-imposed restraint which the High court imposes upon itself in the exercise of jurisdiction under Article 226, if the writ court shuts its eyes to the perpetration of mala fide and arbitrary administrative action, it would be failing in its incumbent duty of judicial review conferred by the Constitution.Referring to the “arbitrary and unreasoned nature of the instructions”, the bench iterated that it is not clear from the instruction of the State as to what prompted it to issue such instruction. “If such an instruction/direction is given, there is little scope even for the Public Prosecutor not to act like a “post office”, as deprecated in Bairam(supra), and to exercise his independent discretion not to file the application”, said the bench.”In view of the above discussions, the impugned order dated February 26, 2021 vide Memo No. (…) is set aside. Any action taken in the meantime pursuant to such order, including the application filed by the Public Prosecutor before the Third Additional District and Sessions Judge, Tamluk, Purba Midnapore, and the order passed by the said Sessions Judge on such application are consequentially set aside”, directed the bench.The bench even refused to stay the operation of this order on the request of the Advocate General, holding that no prima facie case for such stay is made out.Click Hear To Download/Read OrderNext Storylast_img read more

Early Oligocene Nothofagus from CRP-3, Antarctica: implications for the vegetation history

first_imgA single fossil leaf of Nothofagus from CRP-3 drillhole in the Victoria Land Basin provides further evidence for woody vegetation in the Tertiary of East Antarctica. The plicate vernation of this small leaf indicates a deciduous habit andsuggests a cold climate. Located in the interval between 44.12 to 44.18 mbsf this extends the range of these small-leaved deciduous taxa to the Early Oligocene, andadds to the sparse macrofossil record of the East Antarctic vegetation of this period. This further reinforces the suggestion that the transition from a diverse and mesicvegetation in the Eocene to a depauperate flora in the Early Oligocene was a relatively rapid event in East Antarctica. Despite limited Tertiary plant materialfrom East Antarctica, an emerging picture is one of substantially cooler climates than that seen in WestAntarctica at the same time.last_img read more

Oxford blow away Tabs at Lord’s

first_imgOxford maintained their proud record in Varsity cricket with a comprehensive six wicket victory over Cambridge in the one-day fixture after the four-day match was hit by rain. It was the Blues’ second consecutive limited-overs victory over the Tabs, and they haven’t been defeated in the longer form of the game since 1998. Macadam, Dingle, Woods and Hobiss all picked up a brace of wickets to dismiss Cambridge for a total of 135, a score that was never going to be terribly competitive. Oxford still had a lot of work to do in tricky conditions, but unbeaten 40s from Alex Ball and Spencer Crawley ensured the victory.last_img read more

Surfers Reap Benefits of Hurricane Hermine

first_imgMatthew Aromando, who graduated from OCHS in 2015 and was a member of the OC Surf Team, had an incredible day in the water before rushing back to college. If mixed meteorology messages disrupted the traditional end-of-season weekend in Ocean City, you certainly couldn’t tell on Sunday as surfing enthusiasts and spectators were making the most of the situation.With Hurricane Hermine continuing its eastward travels over the North Atlantic and away from the Jersey coast, she left a nice gift to wave riders: a terrific swell.Pat McCarron (another graduate of OCHS ’15 and former member of the OC Surf Team) ripped it up on Park Place.“This is the best day of the summer, for sure,” said Sobe Gall, a resident of Delancey place. “It’s a lot of fun.  I’ve had some long rides, and some short, fast ones.”Gall, a contractor who is a native of Hungary, said he has been surfing for about 15 years.“The surf is awesome, today was a big day,” he said. “Today is the day we have been waiting for all summer. I’m stoked.”Surfers on the 4th St. beach said the ocean was crowded most of the day, and that large groups of spectators were also on hand to catch the action.Bob Super (left) and Sobe GallBob Super, a chiropractor from Collingswood who owns a home at 3rd and Central, said he took advantage of the waves on Thursday but wanted to watch his friends on Sunday.  Wife Gwen and daughter Lexi were among the other family members taking in the scene.“I set my personal record Thursday,” said Super, who didn’t take up the sport until he was in his 30s. “I got 11 rides in, including a long one from the jetty all the way to the pipe (at 4th Street).Ted Hein caught some nice waves yesterday at 4th St.Ted Hein caught a nice ride and echoed Sobe Gall’s sentiments.“It was the best day of the year and a lot of fun,” he said. “There’s really not much more you can say.”Twilight on the OC Boardwalk and beachlast_img read more

Milder Midweek But Snow This Weekend?

first_imgAmerican model shows another storm for Tuesday. (Courtesy:tropicaltibits.com) This weekend we move our clocks ahead one hour for Daylight Saving Time. However, weather-wise we will be taking a step back. Another shot of arctic air returns this weekend and we are also watching the threat of snow. There is still a lot of uncertainty with this storm since we are still several days away. But first, our milder midweek.Showers along the front move through early Wednesday morning. (Courtesy:tropicaltidbits.com)Showers will end early Wednesday morning as a front moves through the area. Sunshine returns during the afternoon on Wednesday and it will be breezy as winds shift westerly behind the front. The good news is that will push temperatures along the coast to near 60.Thursday will be another sunny day but northwest winds will be busy…15-20mph with gust to 30mph. Temperatures will be a again in the 50sFriday a weak disturbance moves through which could bring a period of rain and maybe ending as wet snow as colder air begins to filter in.First weak low moves through on Friday with a period of rain ending as snow (Courtesy: tropicaltibits.com)A more significant low pressure system could develop this weekend, but models have been trending further south due to a strong pool of arctic air over New England. This will suppress the storm track leaving us with little or no snow for this weekend.Strong Canadian High Pressure anchoring itself over New England will keep track further south.Computer models shows track further south keeping any significant snow south of the area. (Courtesy:tropicaltidbits.com)Looking into next week, the weather pattern will remain active as another storm is could affect our area by Tuesday. Precipitation type still too far out to determine.last_img read more

Doggie Dip Time For a Good Cause

first_imgThe Humane Society of Ocean City is hosting a “Doggie Dip” and “Bathe to Save” fundraiser Saturday, June 2, from 3 p.m. to 5 p.m. at the Fifth Street and Sixth Street beaches and that area of the Boardwalk.The shelter asks for a $20 donation per dog.For more information visit www.hsocnj.org.last_img

Teen injured Sunday while volunteering at West Noble food drive

first_img Twitter WhatsApp By Brooklyne Beatty – May 4, 2020 0 393 WhatsApp Previous articleSt. Joseph County requiring face masks in public, hand sanitizer in businessesNext articleDOJ asks for victims of sexual harassment by landlord, property manager to report it Brooklyne Beatty Facebook IndianaLocalNews Twitter TAGSfood driveinjuredteenWest Noble Middle School center_img Google+ (95.3 MNC) A 13-year-old is seriously injured after being struck by a vehicle while working a weekly food drive at West Noble Middle School.Police were called to the school around 2:15 p.m. Sunday where they found paramedics attending to the teen. The child’s parents were also at the scene, as they had also been volunteering at the time of the accident.A preliminary investigation revealed that a Jeep Liberty had pulled up to the line of waiting vehicles and, for an unknown reason, failed to stop. The vehicle then crashed into the rear of a Ford Escape, which was then pushed forward into the rear of a Chevrolet Trailblazer.The Trailblazer was being loaded by the 13-year-old volunteer worker, who was then pinned between the two vehicles until help arrived.The teen was transported to a local hospital with serious, but non-life-threatening, injuries to both of his legs.The crash is still under investigation, and will be turned over to the Noble County Prosecutor’s Office for review and to determine if charges will be filed against the Jeep Liberty driver. Pinterest Google+ Teen injured Sunday while volunteering at West Noble food drive Pinterest Facebooklast_img read more

Watch Thom Yorke’s Recent In-Studio Performance At Electric Lady Studios [Video]

first_imgLast month, the Rock and Roll Hall of Fame announced their 2019 inductees, a list which includes Radiohead. However, in a new interview with Variety, frontman Thom Yorke divulged that he will not be in attendance for the induction ceremony on March 29th at Brooklyn, NY’s Barclays Center.Yorke clearly seems to enjoy New York City though, as the musician recently stopped by Electric Lady Studios for a special four-song in-studio performance. The set included piano and acoustic guitar renditions of “Suspirium”, “Unmade”, and “Open Again”, off of Yorke’s score for the remake of cult-classic horror film, Suspiria, for which he’s on the shortlist for an Oscar nomination in the “Best Original Song” category.  Yorke also worked through a take on the Radiohead favorite “Bloom”.Watch videos of the full in-studio performance below:Thom Yorke – “Suspirium”[Video:Thom Yorke]Thom Yorke – “Unmade”[Video:Thom Yorke]Thom Yorke – “Open Again”[Video:Thom Yorke]Thom Yorke – “Bloom”[Video:Thom Yorke]Last week, Radiohead released a bonus track from their most recent studio album, 2016’s A Moon Shaped Pool, on streaming services for the first time ever. “Ill Wind”, a characteristically eerie Radiohead number, was previously available as a CD single (along with rejected would-be James Bond theme song, “Spectre”) as part of the A Moon Shaped Pool vinyl package.Listen to the recently released bonus track below:Radiohead – “Ill Wind”<span data-mce-type=”bookmark” style=”display: inline-block; width: 0px; overflow: hidden; line-height: 0;” class=”mce_SELRES_start”></span>[H/T Consequence of Sound]last_img read more

Author critiques court decision on same-sex marriage

first_imgSupreme Court Justice Anthony Kennedy is trying his hand at “freshman philosophy” to redefine marriage in his Supreme Court opinion on same-sex marriage rather than relying on the words of the constitution and legal precedent, Ryan Anderson said.Ryan T. Anderson, the William E. Simon Senior Research Fellow in American Principles and Public Policy, gave a lectured titled “Truth Overruled: Marriage and the Future of Religious Freedom” in DeBartolo Hall on Monday evening. The lecture, which was sponsored by Students for Child Oriented Policy, discussed the impact of the recent ruling by the Supreme Court on same-sex marriage and its possible repercussions on marriage and the family.Anderson said heterosexual couples that do not adhere to the institution of marriage in its full meaning have caused the problems that afflict the family today.“The legal redefinition of marriage could only take place after the cultural redefinition of marriage,” he said. “It is only after 50 years of heterosexuals making a mess of love, and sex and the family with non-marital child bearing and high rates of divorce that Anthony Kennedy can say the male-female part doesn’t matter. … This problem with the decline of marriage rates and the increase of non-marital childbearing is a direct consequence of the sexual revolution and the values it began promulgating about the family.”Anderson said the problem with Justice Kennedy’s ruling is it enshrines the vision of sexuality and marriage that centers on adult romance into our constitution.“If you think the past 40 or 50 years of marriage practices in the United States has been a good thing for our children, and a good thing for families and communities, the same past 40 or 50 years where we’re seen the introduction about hook-up culture and the doubling of divorce rates, if you think that’s been a good thing for human well-being and human flourishing, then by all means cheer on Anthony Kennedy’s decision,” he said. “If you think this has been problematic in many respects for human well-being and human flourishing, then you might want to be cautious before having five unelected judges redefine what marriage is and then say our constitution requires it.”Anderson said the overarching argument of his book, which shares a name with the lecture, is that the marriage movement should model itself after the pro-life movement.“Just like Roe v. Wade, there is nothing in the constitution that actually says there is a constitutional right to have an abortion,” Anderson said. “So too, there is nothing in the actual constitution that requires a redefinition of marriage.”The Fourteenth Amendment does not give an explicit definition of marriage, Anderson said, and this lack of common understanding about the institution of marriage is the true point of contention in the marriage debate.“Everyone is in favor of marriage equality,” he said. “Everyone wants the law to treat all Americans equally. The only way that Kennedy could attempt to show the law was violating equality was to smuggle in his own vision of marriage that sees marriage about primarily consenting adult romance.”Anderson said the Supreme Court’s ruling on same-sex marriage is degrading the status of marriage in contemporary culture.“The law cannot teach both views of marriage, it will teach one or the other,” Anderson said. “The law will then shape our culture, our culture will then shape our beliefs, and our beliefs will shape our actions, and not just for you in the audience but for your children and your children’s children.”The restructuring of marriage to become more compatible with modern attitudes about dating will have negative consequences for the family, he said.“Now that Justice Kennedy has redefined marriage to make it a genderless institution, there is no institution left in public life that promotes the ideal that every child deserves both a mother and a father,” Anderson said. “What defining marriage does is say men and women are interchangeable and that mothers and fathers as replaceable.”Anderson said it is better for children to be raised by a mixed-gender couple, and that this benefit to children is the reason for governmental involvement in marriage.“A secondary concern of mine is the effect redefining marriage has on children,” Anderson said. “A child raised by both a mother and a father is provided with the best environment for human flourishing, and there are a few reasons why. Science supports the fact that biology matters, gender matters, and stability matters.”Anderson said the demonization of those who have traditional views of the institution of marriage acts as an obstacle to intelligent discourse on the topic.“If you heard people say over the course of the past decade that if you’re against same-sex marriage, then you’re no better than a racist bigot who is against interracial marriage, believe them,” he said. “Now that they are in the ascendency of cultural power, they intend on treating people who believe marriage is the union between a man and a woman as if they are racists or bigots.“Unlike the abortion issue, too many people at the elite level on the marriage issue view people who believe marriage is the union of a man and a woman as not only wrong, but also evil. It is our challenge, as Middle America, to have a debate where reasonable people of good will can disagree but coexist.”Tags: #SCOP, marriage equalitylast_img read more

University awards 2020 Evangelium Vitae Award

first_imgNotre Dame’s de Nicola Center for Ethics and Culture announced in a Sunday news release it will award the 2020 Notre Dame Evangelium Vitae medal to Vicki Thorn. Thorn founded Project Rachel, a post-abortion care program, and is currently executive director of the National Office of Post-Abortion Reconciliation and Healing, the release said.“Vicki Thorn’s work has been a source of healing for women and men whose lives have been touched by abortion,” University President Fr. John Jenkins said in the release. “I’m grateful to the de Nicola Center for Ethics and Culture for recognizing Ms. Thorn for her service to the Church and to the work of mercy on behalf of a culture of life.”Carter Snead, the de Nicola Center’s director, said the University was “pleased” to honor Thorn with the metal.“Vicki Thorn has dedicated her life to caring for women and men who have been wounded by abortion,” Snead said in the release. “Her work is a living witness to the unconditional love and mercy that lies at the heart of the culture of life.”Thorn, a grief counselor and spiritual director, founded Project Rachel — a network of clergy, medical and spiritual professionals who provide “one-on-one, confidential post-abortion care” — in 1984 while working for the Archdiocese of Milwaukee. The program is now overseen by the U.S. Conference of Catholic Bishops and has satellites in most dioceses as well as in 25 other countries.In addition to her work with Project Rachel, Thorn is a lecturer on abortion and author of “Project Rachel, The Face of Compassion,” which was published by the Vatican Publishing House in 2009. She is a member of Pontifical Equestrian Order of the Holy Sepulchre of Jerusalem, the 2009 recipient of the U.S. Conference of Catholic Bishop’s People of Life Award and is a corresponding member of the Pontifical Academy for Life, according to the release.Kevin Rhoades, bishop of the diocese of Fort Wayne-South Bend, named Thorn as key figure in the right-to-life movement.“In awarding Vicki Thorn the prestigious Evangelium Vitae Medal, Notre Dame recognizes her important service of the Gospel of life,” Rhoades said in the release. “She has helped thousands of women who have had an abortion to accept St. John Paul II’s invitation in Evangelium Vitae to ‘not give in to discouragement and not lose hope.’ Project Rachel reminds us all that the Gospel of Jesus, the Gospel of life, is also the Gospel of mercy. I offer sincere thanks to Vicki especially for assisting so many women and men to experience God’s love and forgiveness and to become, in the words of St. John Paul II, ‘eloquent defenders of the right to life.’”The Notre Dame Evangelium Vitae Medal is named after Pope John Paul II’s 1995 encyclical “Evangelium Vitae.” The award is “the nation’s most important lifetime achievement award for heroes of the pro-life movement,” the release said. Past recipients of the award are Mother Agnes Mary Donovan and the Sisters of Life; Congressman Chris Smith, co-chair of the Bipartisan Pro-Life Caucus as well as his wife, Marie Smith, director of the Parliamentary Network for Critical Issues; supreme knight Carl Anderson and the Knights of Columbus; the Little Sisters of the Poor; the Jerome Lejeune Foundation and Harvard law professor Mary Ann Glendon.Tags: Abortion, de nicola center for ethics and culture, Evangelium Vitae Medal, University President Fr. John Jenkinslast_img read more