Karnataka's new speaker can make fresh call on disqualified MLAs: Solicitor General tells SC

Agencies
October 25, 2019

Bengaluru, Oct 25: Solicitor General Tushar Mehta, in New Delhi on Thursday, told the Supreme Court that new Karnataka Speaker Vishweshwar Hegde Kageri had no difficulty in hearing aggrieved MLAs and taking a fresh call.

"We have no difficulty in hearing them all (disqualified MLAs) and take a fresh call," Mehta told a Bench of Justices N.V. Ramana, Sanjiv Khanna and Krishna Murari. Mehta was representing the office of the Speaker.

The top court was hearing the plea of 17 Karnataka MLAs, challenging their disqualification.

In July, then Speaker K.R. Ramesh Kumar disqualified them, rejecting resignations tendered by them. Those MLAs had remained absent from the House on July 23 when former Chief Minister H.D. Kumaraswamy put the confidence motion to vote.

The disqualified legislators had moved the top court, challenging the Speaker's action saying it was in gross violation of the apex court orders, and illegal and unconstitutional.

Under the scheme of the Constitution, a lawmaker had a right to resign and the Speaker should accept that, Mehta submitted. "Under the scheme of the Constitution, as I have read, a legislator has the right to resign. Except the contingency provided in Article 190(3), there is no room for resignation being rejected," Mehta said.

Article 190(3) of the Constitution envisages that the Speaker or the Chairman of the legislature has to only ascertain whether the resignation of a lawmaker is voluntary and genuine, and if not, he will not accept such resignations.

Appearing for the disqualified MLAs, senior advocate V. Giri told the Bench that the order passed by the then Speaker couldn't be interfered with on procedural irregularities but it could be interfered with on the ground of violation of natural justice. 

Senior Advocate Giri also questioned the hurry to decide the disqualification petition.

Appearing for Kumaraswamy, senior advocate Rajeev Dhavan said the resignation was a privilege granted to MLAs subject to the Speaker's call.

Stressing that defection is the biggest evil in elections, Dhavan said could the Speaker ignore material before him, which made it obvious that something was wrong with the resignations. 

Rajeev Dhavan also raised the issue related to absence of disqualified MLAs from party meetings and their presence in hotels hobnobbing with BJP leaders.

Arguments will continue on Friday.

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News Network
September 25,2024

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In a significant development, a special court tasked with handling cases against Members of Parliament and Members of Legislative Assemblies (MP/MLAs) has ordered that a First Information Report (FIR) be filed regarding the Muda case.

Additionally, the Karnataka Lokayukta, which is an anti-corruption body, has been tasked with investigating allegations against Siddaramaiah, who is reportedly involved in the case.

The court instructed the Lokayukta (an anti-corruption authority) to provide a report within three months. It also ordered the relevant authorities to file a First Information Report (FIR) regarding the case.

Judge Santhosh Gajanan Bhat issued the directive, compelling the Mysuru Lokayukta police to commence an investigation following a formal complaint lodged by Snehamayi Krishna. 

The Karnataka Lokayukta in Mysuru is required to carry out the investigation under Section 156 (3) of the Criminal Procedure Code, which mandates the registration of a First Information Report (FIR).

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News Network
September 24,2024

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Mangaluru, Sept 24: A blanket of gloom descended over Dakshina Kannada and Udupi as heavy rains battered the coastal Karnataka districts on Tuesday. Substantial rainfall has been drenching the region since Monday, intensifying as the day progressed.

In Dakshina Kannada, torrential downpours began early Tuesday, followed by overcast skies and humid conditions. 

The showers persisted intermittently through the afternoon, with areas like Beltangady experiencing moderate rainfall, while Puttur and Bellare bore the brunt of heavier storms. 

Overnight showers were reported in Bantwal, and Mangaluru city, along with its surrounding rural areas, witnessed a steady increase in rainfall, peaking by the evening.

After a brief respite, the return of intense rainfall has brought a welcome drop in temperatures. In Udupi, Karkala, Udupi city, Kundapur, and Hebri taluks all faced substantial rains throughout the day, continuing from late Sunday night.

The Indian Meteorological Department (IMD) has issued a red alert for the coastal districts, predicting more heavy rainfall in the coming hours. 

A yellow alert has been placed for Wednesday, signaling the likelihood of additional downpours. Fishermen have been cautioned to remain vigilant, as the possibility of strong winds looms over the coastal waters.

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News Network
September 28,2024

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Bengaluru, Sep 28: The Special Investigation Team (SIT) probing charges against arrested Karnataka BJP MLA N. Munirathna Naidu, including allegations of rape, honey-trapping, and other offences, on Saturday conducted raids at his residence and 15 other locations across the city.

Sources confirmed that the raids were taking place at his Vyalikaval residence and other properties owned by the BJP MLA. The operation is being conducted by the SIT under the Criminal Investigation Department (CID) led by ACP Kavitha.

The team is examining documents, electronic devices, and other materials related to the rape and honey-trapping case. The SIT is being supported by experts from the Forensic Science Laboratory (FSL), with Superintendent of Police (SP) Sowmya Latha also participating in the search and inspection at Munirathna’s Vyalikaval residence.

According to sources, the raids were triggered by information provided by the victim, who alleged that Munirathna recorded footage of sexual assaults and used it to blackmail politicians and public servants, including IAS and IPS officers.

The victim reportedly revealed that she was used to entrap the woman who had lodged a rape case against a senior IFS officer. She was allegedly instructed to frame the rape victim in a drug peddling case.

The complainant told police that she was tasked with capturing compromising videos of the rape victim who had filed the case against the IFS officer. She claimed that, after several failed attempts to obtain the videos, the victim was drugged with sleeping pills, and obscene footage was recorded without her consent. Later, the IFS officer was bailed out from the charges.

Furthermore, the complainant has accused MLA Munirathna of raping her at his office within the state legislature, in his official vehicle, and at his godown. She has alleged that he recorded videos of these assaults.

Police sources also revealed that the victim in the MLA's case provided details of a plot involving sending HIV-infected women to Munirathna's targets in an attempt to ruin them politically and personally. She also disclosed the names of several politicians whom she had entrapped through honey-trapping.

The woman further claimed that Munirathna had threatened to have her son kidnapped and killed if she refused to comply with his demands. According to her, the MLA had a well-organised team dedicated to carrying out these honey-trapping operations, and she provided details about his close associates and relatives involved in the scheme.

Munirathna, who was in judicial custody following his arrest in the rape and honey-trap case, has now been taken into the custody of the SIT.

The MLA was transferred from Bengaluru Central Jail to the CID office on the night of September 24. The BJP legislator, however, has denied all the allegations, claiming they are false.

Karnataka Congress leader D.K. Suresh had alleged that Munirathna was trying to infect his adversaries with HIV and that the government should investigate the matter.

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