Nayak's appointment as law panel chief challenged

December 16, 2014

S R Nayak
Bengaluru, Dec 16: The appointment of Justice S R Nayak as the chairman of the Karnataka Law Commission has been challenged before the Karnataka High Court.

A writ petition has been filed in this regard by H M Farooq stating that Justice Nayak's appointment as chairman was in violation of the Protection of Human Rights Act.

The State government had appointed Justice Nayak as the chairman of the Law Commission in June 2013. A person to be appointed chairman of the Law Commission shall be a person who has held the office of the Chief Justice of High Court or that of a judge of the Supreme Court. Justice Nayak was the Chief Justice of the Chhattisgarh High Court.

In the capacity of a retired Chief Justice, Justice Nayak was appointed chairperson of the Karnataka State Human Rights Commission in 2007. He served as chairperson of the SHRC from July 2007 to July 2012. Justice Nayak took charge as the Law Commission chairman on June 27, 2014.

The petitioner claimed that the government notification (Number/Law/26 /KLM 2014 dated 26.06.2014) was in contrary to Section 24 (3) of the Protection of Human Rights Act. The petitioner stated that Section 24 (3) of the Protection of Human Rights Act 1993 stipulates that, œOn ceasing to hold office, the chairperson or a member (SHRC) shall be ineligible for further employment under the government of the State or under the Government of India. 

œIt is pertinent to note that Justice Nayak, after ceasing as chairperson of Karnataka Human Rights Commission, was once again appointed and employed by the Government of Karnataka with utter disregard for the provisions of Section 24(3) of the Protection of Human Rights Act,  the petitioner claimed.

The petitioner has prayed for quashing of the appointment of Justice Nayak as the chairman of the Law Commission.

œThe Law Commission of Karnataka is a very important body under the Government of Karnataka, which is constituted to look into the lacunae in laws and recommend abolishing obsolete laws. The

appointment is ex facie illegal, void and abuse of process of law resulting in gross failure of justice. Further, it is in utter violation of the mandatory provision stipulated under the Protection of Human Rights Act,  the petitioner submitted.

The Karnataka Law Commission was constituted by the State government in 2009 and consists of a full-time chairman, a full-time member who shall be retired judge of High Court of Karnataka, a full-time member secretary who shall be retired district judge and five ex officio members who shall be Advocate General of Karnataka, Law Secretary of Karnataka, secretary, Karnataka Legislative Assembly or Legislative Council, Dean, Faculty of Law, Bangalore University, secretary, Parliamentary Affairs and one more ex officio honorary member, director, Karnataka Institute for Law and Parliamentary reform.

The functions of the Law Commission of Karnataka include suggesting amendment, modification in the existing laws, proposed laws, drafting new laws for effective functioning of the market economy, deletion of obsolete laws, providing assistance to the State Legislature in drafting laws, suggesting steps for administrative reforms and providing suggestions of settlement of inter-state disputes.

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News Network
December 11,2024

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Udupi: The police have booked a case against the office-bearers of the Social Democratic Party of India (SDPI) for holding 'Chalo Belagavi - Ambedkar Jatha’ without permission and thereby disrupting the movement of vehicles on national highway at Hejmadi.

The SDPI held a jatha on December 10 from 2:30 pm to 3:30 pm. According to the police, the group had unlawfully gathered near the National Highway toll gate in Hejmadi. Despite instructions from the PSI to disperse, they failed to act and disrupted the traffic on the national highway.

The police have booked case against SDPI state secretary Riyaz Kadumbu, leaders Haneef Muloor, Nooruddin Mallaru, Firoz Kanchinadka, Thoufeeq Uchila, Majeed Uchila, Ibrahim Kanchinadka and others under Sections 57, 189(2), 189(3), 281, 285 and 190 of the BNS.

About 75 to 100 people commenced a procession --without obtaining permission -- in cars and two-wheelers shouting slogans. They caused inconvenience to the vehicles moving on the national highway, police said. 

The jatha, which was launched in Udupi on December 10, is expected to cover Dakshina Kannada, Chikkamagaluru, Shivamogga, Davanagere, Haveri, Koppal, Bagalkote, Hubballi, Dharwad and reach Belagavi on December 16.

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December 17,2024

Bengaluru: In response to the rising number of Caesarean deliveries in Karnataka, Minister for Health and Family Welfare, Dinesh Gundu Rao, announced on Monday that the state government would introduce a dedicated programme next month to address this issue.

Replying to MLC Jagadev Guthedar's question in the Legislative Council, the minister revealed that Caesarean deliveries now account for 46% of total births in the state. He noted that private hospitals conduct 61% of these procedures, while government hospitals perform 36%.

The minister emphasized the necessity of preventing unnecessary Caesarean deliveries. He highlighted that some private hospitals perform Caesarean sections in 80% to 90% of cases primarily for financial gain, finding it easier compared to normal deliveries. To counteract this, the Health Department plans to launch a separate programme in January aimed at reducing such procedures.

Gundu Rao underscored the importance of mentally preparing pregnant women for normal deliveries. "We are already conducting an audit of Caesarean deliveries at every hospital to understand the necessity and rationale behind the doctors' decisions," he added.

Additionally, the minister mentioned the government's intention to provide round-the-clock maternity services at taluk hospitals to further discourage unnecessary Caesarean deliveries.

Regarding foeticide cases, the minister informed the House that in 2023-24 and 2024-25, 45 individuals were arrested for violating the Pre-conception and Pre-natal Diagnostic Techniques Act. Cases were registered in Belagavi, Kolar, Mandya, and Bengaluru Rural.

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December 12,2024

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Angry BJP lawmakers stormed Assembly Speaker U T Khader’s chambers at the Suvarna Vidhana Soudha, escalating tensions after the ruling Congress turned the tables on the saffron party over the Panchamasali Lingayat community’s reservation issue.

The friction began when Congress MLA Vijayanand Kashappanavar, a Panchamasali Lingayat, was allowed to criticise the Basavaraj Bommai-led BJP government’s controversial decision to scrap the 4 per cent Muslim quota, reallocating it equally to Lingayats and Vokkaligas. Kashappanavar slammed the BJP’s move, accusing it of being a mere election gimmick.

“The previous BJP government created two new reservation categories, 2C for Vokkaligas and 2D for Lingayats, just before the 2023 Assembly elections,” Kashappanavar said. “When challenged in the Supreme Court, the BJP government admitted it would not implement the decision. They announced it for votes but backtracked in court, misleading Panchamasali seer Basava Jaya Mrityunjaya Swami.”

Adding fuel to the fire, Kashappanavar alleged that RSS members had incited violence during a protest for enhanced Panchamasali Lingayat reservation. This claim enraged BJP lawmakers, who demanded the comment be expunged. However, Speaker Khader permitted Revenue Minister Krishna Byre Gowda to read aloud the BJP government’s affidavit to the Supreme Court.

“If the Panchamasali Lingayat community has faced injustice, it is because of the BJP,” Gowda declared, sparking further protests from the opposition. BJP leaders accused Khader of being “one-sided” and disregarding a point of order raised by BJP MLA V Sunil Kumar.

When Khader adjourned the session for lunch, the confrontation boiled over. Opposition Leader R Ashoka, BJP state president B Y Vijayendra, MLAs Dr C N Ashwath Narayan, Sunil Kumar, and others barged into Khader’s chambers. Chaos ensued as shouting and hollering echoed through the halls, prompting marshalls to intervene.

“The Speaker was warned that if he continued behaving this way, we would boycott the session,” Narayan stated afterward.

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