Karnataka govt to wait for HC verdict on hijab, before taking further decision

News Network
February 9, 2022

Bengaluru, Feb 9: The Karnataka cabinet on Wednesday decided to wait for the High Court's verdict on the 'hijab' row, before taking any further decision on the matter, which has snowballed into a major controversy.

The Karnataka High Court resumed hearing on the petitions filed by five girls studying in a Government Pre-university College in Udupi, questioning hijab restriction in the college.

"We (at the cabinet) discussed the Hijab row, but as the High Court is hearing the matter, we felt it is not appropriate for the cabinet to take any further decisions on the issue today. It was decided to wait for the court's verdict before taking any decision," Law and Parliamentary Affairs Minister J C Madhuswamy said.

Briefing the reporters about the cabinet decisions, he said as the matter is sub-judice, discussing it will not be appropriate, as material and merit of the case will get involved.

As protests for and against the hijab intensified in different parts of Karnataka and turned violent in some places, the government had declared a holiday to all high schools and colleges in the state for three days.

Last week, the government had issued an order to make uniforms prescribed by it or management of private institutions mandatory for its students at schools and pre-university colleges across the state.

Among the other decisions, the cabinet has okayed the Karnataka Stamp (Amendment) bill 2022, fixing a maximum of Rs 25 crore as the stamp fee on valuation and shareholding, during the merger or bifurcation of a company, which is on par with Maharashtra. As the stamp duty was high, several big companies during merger and bifurcation were avoiding registration in Karnataka, so it was decided to fix the fee, the Minister said.

The cabinet has also given consent to Bengaluru peripheral ring road project to be implemented at the earliest. Madhuswamy said, "Land acquisition for this was a major issue and the Supreme Court directed the government to resolve it, while also providing an opportunity for negotiation. The road will be 100 meters wide and it will be about 71 km."

The road will be constructed on a 50-year lease basis, so the contractor, who wins the tender, will have to acquire the land, develop the ring road, and can collect the toll, he said, adding that about Rs 5,000 crore will be land acquisition cost, the government will pay its share, he added.

Among the other decisions taken by the cabinet was approval for the revised estimate of Rs 16.28 crore for the constructions of mini Vidhana Soudha (to house government offices) at Kumta in Uttara Kannada district, also administrative approval for an estimate of Rs 560 crore, for the construction of Anubhava Mantapa at Basavakalyana. The government has also given its nod for projects under Jal Jeevan Mission (JJM) in various parts of the state and has mandated that the work should be completed in a time-bound manner.

Noting that under JJM, the government's effort is to provide functional household tap connections (FHTC) to all rural households, Madhuswamy said, "Wherever we have a water source and the water is readily available, we have taken it on a priority basis and have given approval. The approvals have been given under about Rs 9,200 crore programme for the state."

The cabinet has also approved a bill aimed at considering the Karnataka Civil Service, 2011 batch gazetted probationers' list (362 candidates) notified by the Karnataka Public Service Commission, as selected and to give them appointments.

The bill will be tabled in the assembly, the Minister said. The candidates, who made the selection list for Group ‘A’ and ‘B’ gazetted probationers’ posts, have been left in the lurch after the entire recruitment process faced allegations of corruption.

The cabinet also gave its assent to the Governor's address to the joint sitting of the state legislature scheduled for February 14. The Chief Minister will submit it to the Governor.

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News Network
September 24,2024

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The Karnataka High Court on Tuesday dismissed the petition filed by Chief Minister Siddaramaiah against Governor Thawarchand Gehlot's decision to sanction the complaint and investigation against him in the alleged Mysore Urban Development Authority (MUDA) scam case.

Justice M Nagaprasanna said the facts narrated in the petition would undoubtedly require an investigation.

The court has also said that the Governor's order approving sanction to investigate against Siddaramaiah under section 17A of the Prevention of Corruption Act does not suffer from application of mind, instead has abundance of application of mind.

Meanwhile, the court rejected the request made by senior advocate Abhishek Singhvi to stay the order of the court. The court has vacated the interim order passed on August 19. In the interim order the trial court was directed not to take any precipitative action against Siddaramaiah. On August 17, Governor had approved sanction under section 17 A  of the Prevention of Corruption Act and Section 218 of Bharatiya Nagarik Suraksha Sanhita ( BNSS), citing three applications.

The court said the private complainants were justified in registering the complaint and seeking approval from the governor.

Insofar as private complainants seeking sanction under section 17A, the court said the provision nowhere requires only a police officer to seek sanction from a competent authority. The court further said it is in fact the duty of the private complainants to seek such approval.

Earlier, The High Court had completed its hearing in the case on September 12, and reserved its orders. It had also directed a special court in Bengaluru to defer further proceedings and not to take any precipitative action against the Chief Minister.

The case pertains to allegations that compensatory sites were allotted to Siddaramaiah's wife B M Parvathi in an upmarket area in Mysuru that had higher property value as compared to the location of her land that had been "acquired" by MUDA.

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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