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
November 3,2024

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Bengaluru, Nov 3: In a heart-wrenching discovery, acclaimed Kannada film director Guruprasad, celebrated for his impactful films like Mata and Yeddelu Manjunatha, was found dead in a Bengaluru apartment on Sunday. 

The 52-year-old filmmaker, known for his work with deep social messages, is believed to have died two days prior in a suspected case of suicide, although authorities are still investigating to confirm the exact cause.

The decomposing body was discovered hanging from a ceiling fan in a flat in Madanayakanahalli after neighbors alerted the police due to a strong odor. Bengaluru Rural Superintendent of Police CK Baba confirmed the incident, stating that an investigation is underway. A team from the Forensic Science Laboratory (FSL) joined the police at the scene to gather evidence.

Guruprasad, a respected figure in Kannada cinema, directed thought-provoking films such as Yeradanesala and Director Special and had also appeared in small roles in more than ten films. The film industry mourns the loss of a director who used cinema as a platform for social awareness.

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News Network
November 5,2024

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Bengaluru: In a major legal twist, an FIR has been filed against Union Minister H.D. Kumaraswamy, his son Nikhil Kumaraswamy, and their close associate Suresh Babu. The trio is accused of threatening a senior IPS officer and making false allegations against him. The FIR, registered by the Sanjaynagar police, follows a complaint by Additional Director General of Police (ADGP) M. Chandrasekhar, who heads the Special Investigation Team (SIT) under the Karnataka Lokayukta.

Allegations Against Kumaraswamy
The crux of the case revolves around ADGP Chandrasekhar's investigation into Kumaraswamy's alleged illegal approval of a mining lease to Sri Sai Venkateshwara Minerals (SSVM). Kumaraswamy, currently serving as Union Minister for Steel and Heavy Industries, has been accused of bypassing legal procedures in favor of SSVM, prompting Chandrasekhar to seek the Karnataka Governor's approval to pursue legal action.

In response, Chandrasekhar claims that Kumaraswamy lashed out publicly. On September 28 and 29, the former Karnataka Chief Minister held press conferences, accusing the officer of bribery, misuse of medical records, and personal misconduct. According to the ADGP, Kumaraswamy also issued a threat of transferring him to another cadre outside Karnataka.

Nikhil and Aide Suresh Babu Involved
Kumaraswamy’s son Nikhil Kumaraswamy is also implicated in the controversy. On September 29, Nikhil allegedly echoed his father’s accusations against Chandrasekhar. The third individual named in the FIR, Suresh Babu, a close aide to Kumaraswamy, is accused of escalating the issue by writing a letter to the Karnataka Chief Secretary. This letter, containing further allegations, was made public on social media, adding to the pressure on the senior officer.

Legal Action and Charges
Though Chandrasekhar's complaint was filed in October, formal legal proceedings began on November 4 after securing approval from the 42nd Additional Chief Metropolitan Magistrate (ACMM). The charges include Section 224 (threat of injury to a public servant) of the Bharatiya Nyaya Sanhita (BNS). A police source familiar with the case confirmed the charges.

ADGP Chandrasekhar's Response
In a strong rebuttal, ADGP Chandrasekhar addressed his team and the media, branding Kumaraswamy as an accused person trying to intimidate the SIT. He emphasized that these attacks were intended to undermine his officers' morale and interfere with the investigation.

“An accused, no matter how powerful, remains an accused. This attempt to instill fear in the minds of officers is meant to hinder justice," Chandrasekhar said in a written statement. Referring to Kumaraswamy, he added, "This accused, who is currently out on bail, has resorted to such tactics to shake our resolve."

Quoting Shaw to Drive the Point Home
In a dramatic conclusion, Chandrasekhar cited playwright George Bernard Shaw, saying, “Never wrestle with pigs. You both get dirty, and the pig likes it,” signaling his intent to remain unshaken in the face of public accusations and personal threats.

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News Network
November 14,2024

Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar on Thursday backed Chief Minister Siddaramaiah over his claim that the BJP had offered Rs 50 crore each to 50 Congress MLAs in an attempt to "topple" the state government.

Addressing reporters here, Shivakumar, also the Congress state president, said, “The BJP indeed lured 50 Congress MLAs with Rs 50 crore each.”

He defended Siddaramaiah’s statement and said the Congress MLAs were briefed about the BJP’s alleged 'Operation Lotus', a term used to describe the BJP's attempts to destabilise ruling governments through horse-trading.

“Some of our MLAs informed the Chief Minister about this matter, and he, in turn, shared it with the media,” Shivakumar said.

At an event in Mysuru, Siddaramaiah reiterated the claim that "none of the Congress MLAs had accepted the offer".

He also accused the BJP of filing false cases against him in a bid to "remove him and overthrow his government".

The BJP has yet to respond to the allegations.

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