‘No action till...’: High Court relief for Siddaramaiah after governor sanctioning prosecution

News Network
August 19, 2024

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Bengaluru: The Karnataka High Court on Monday directed the trial court to take no action against Chief Minister Siddaramaiah following Governor Thawaar Chand Gehlot sanctioning the Congress leader's prosecution in the alleged MUDA land scam case. The interim relief for the embattled Chief Minister will be in effect till August 29, when the High Court will hear this case next.

Siddaramaiah had moved the High Court against Mr Gehlot's nod to prosecute him and sought this interim relief on grounds the Governor's action was "illegal and without authority of law", and that allowing his prosecution posed "a grave and imminent risk of irreparable harm (to his) reputation" as well as "disrupt governance... and potentially result in political destabilisation".

"Since the matter is heard by this court and pleadings are to be completed... till the next date of hearing the concerned court (the trial court) should defer its proceedings..." the High Court said.

In its order the court noted that documents submitted by the petitioner (i.e., Chief Minister Siddaramaiah) had "referred to several points of order... to prima facie demonstrate that (the) order (granting sanction to prosecute) bears non-application of mind (by the Governor).

The court also noted the Chief Minister's submission - that the Governor had sanctioned prosecution of the former at "breakneck" speed following filing of a complaint on July 26.

During the hearing senior advocate Abhishek Singhvi, appearing for Siddaramaiah, had urged the court to direct "no precipitate action" and claimed the sanction granted by the Governor is "part of a concerted effort to destabilise the duly elected government of Karnataka..."

He argued the Governor had "picked this complaint (filed by activist TJ Abraham) ... out of 12 to 15 still pending, without single reason". He further argued that conditions to be met for application of Section 17 of the Prevention of Corruption Act, under which the Chief Minister has been charged, were missing.

Mr Singhvi also flagged what he said were other errors that betrayed the order was passed "without application of mind", including the show-cause notice sent to Siddaramaiah referring to one complaint and the Governor's sanction to prosecute referring to "other complaints".

"Mr Abraham's complaint is received and, on the same day, the Governor issues the show-cause notice... legal malice (against Chief Minister Siddaramaiah) has to be inferred. Somebody goes to a 'friendly governor', gives a complaint, and he issues notice..." Mr Singhvi jibed.

Mr Singhvi also referred to the Cabinet's "detailed, legal, and reasoned order" on this topic, and continued, "What did he decide? Order is silent on reasons why sanction should be granted."

"Never Misused Power...": Siddaramaiah

Hours earlier the Chief Minister had said he had not done anything illegal in a political career spanning four decades, and expressed confidence the judiciary would come to his aid.

The senior Congress leader declared he had been a Chief Minister and a Minister over the course of his career and had "never misused power for personal gains". He also dismissed protests by the BJP, saying, "In politics it is natural that parties will protest... so let them protest, I am clean."

A massive row erupted in Karnataka over the weekend after the Governor sanctioned prosecution of the Chief Minister on corruption charges in connection with the Mysuru Urban Development Authority, or MUDA, case after petitions by three activists.

The Governor said his order was necessary to conduct a "neutral, objective, and non-partisan investigation", adding he is prima facie "satisfied" the alleged infractions were, in fact, committed.

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News Network
September 7,2024

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Indian wrestler Vinesh Phogat on Friday joined the Congress ahead of the upcoming Haryana Assembly polls and will be the candidate from Julana. Along with Phogat, Bajrang Punia also joined the party.

Meanwhile, Former Wrestling Federation of India (WFI) chief and BJP leader Brij Bhushan Sharan Singh took a jibe at the wrestlers saying, "God has punished them for cheating."

"Haryana is the crown of India in the field of sports. And they stopped the wrestling activities for almost 2.5 years. Is it not true that Bajrang went to the Asian Games without trials? I want to ask those who are experts in wrestling. I want to ask Vinesh Phogat whether a player can give trials in 2 weight categories in a day? Can the trials be stopped for 5 hours after the weigh-in?... You did not win the wrestling, you went there by cheating. God has punished you for the same, " Brij Bhushan said, as reported by ANI.

Additionally he also called out Congress leader Bhupinder Hooda.

"I am not guilty of disrespecting daughters. If anyone is guilty of disrespecting daughters, it is Bajrang and Vinesh. And the one who wrote the script, Bhupinder Hooda is responsible for that. If they (BJP) will ask me (to campaign in the Haryana polls), I can go. One day Congress will have to regret it...," he said.

Both Phogat and Punia met Congress President Mallikarjun Kharge at his residence before officially joining the party at an event at headquarters in the presence of General Secretary (Organisation) K C Venugopal.

Vinesh Phogat, who defied several odds to make the final of the women’s freestyle 50 kg event of the Paris Olympics, was disqualified after being overweight by a few grams.

Now, Olympians Phogat and Bajrang Punia, who were at the forefront of the wrestlers' protest against former WFI chief and BJP leader Brij Bhushan Sharan Singh last year, entered the political arena on Friday by joining the Congress with a vow of "not being scared or backing off".

Hours after joining the Congress, Punia was appointed as the working chairman of the All India Kisan Congress. It seems unlikely now that he would be fielded in the polls.

The 90-member Haryana Assembly is scheduled to go to polls on October 5 and the counting of votes will be undertaken on October 8.

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News Network
September 3,2024

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The West Bengal Assembly on September 3 unanimously passed the state anti-rape Bill after Opposition lend full support to it.

The anti-rape Bill aims at quick investigation, fast justice delivery and enhanced punishment, Bengal CM Mamata Banerjee said in assembly.

The proposed amendments to the Bill moved by Leader of Opposition Suvendu Adhikari, were, however, not accepted by the House. The Bill was tabled by state Law Minister Moloy Ghatak.

The draft legislation seeks capital punishment for persons convicted of rape if their actions result in the victim's death or leave her in a vegetative state.

Additionally, it stipulates a life sentence without parole for those convicted of rape.

A two-day special session of the assembly has been summoned on September 2 in the wake of the rape-murder of a woman medic at the state-run RG Kar Medical College and Hospital last month.

Also Read | All about Bengal’s Aparajita Bill that proposes death sentence for rape convicts

Titled the 'Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,' the legislation aims to strengthen protections for women and children by revising and introducing new provisions related to rape and sexual offences.

The bill is aimed at amending the existing provisions under the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012, “in their application to the state of West Bengal to enhance punishment and to constitute the framework for…expeditious investigation and trial of the heinous act of violence against women and children.”

The Bill also seeks to set up fast-track courts for rape cases. “To expedite investigations and ensure swift justice for victims, this Bill proposes dedicated special courts and investigation teams. These specialised units will be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offences against children efficiently, effectively and timely, thereby minimising the trauma experienced by victims and their families”.

‘Aparajita Task Force’ will be constituted to investigate cases of rape or atrocities on women and children. The task force will be formed at the district level and headed by a deputy superintendent of police for the investigation.

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News Network
August 28,2024

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Bengaluru, Aug 28: Amid rumours that he may be the new Chief Minister, Karnataka Home Minister and prominent leader from the Dalit community G. Parameshwara said on Wednesday that he is a disciplined soldier of Congress and whenever the party gave him an opportunity he delivered honestly.

The statement comes amid speculation that he may be made the Chief Minister in case of the growing legal troubles of CM Siddaramaiah. The rumours have gained weight after Parameshwara met Rahul Gandhi in Delhi on August 23.

However, Parameshwara refuted the speculation saying, “The question of me becoming the Chief Minister does not arise at all...That question won’t arise and I will not answer any such question,” he stated. When asked about his separate meeting with Rahul Gandhi, he said, “Rahul Gandhi had spoken to me separately and it is true. However, the media can’t speculate about the subject matter. I am also a Congress’ disciplined soldier. Whenever the party gave me an opportunity to work, I did it with full honesty. Rahul Gandhi has spoken to me about the matters of the party. There was no discussion as such.”

Talking about the pending court’s verdict on the prosecution against CM Siddaramaiah on Thursday, he stated, “We are hoping that the court in any way won’t consider the Governor’s decision because no material is there to substantiate. There is nothing to prove CM Siddaramaiah’s involvement such as his signatures, orders, involvement and his name is not there in the registration. When this is the case, the court will observe all this and give its verdict.”

“We will stand with CM Siddaramaiah as the high command has announced. The development can’t be predicted. The high command is of the opinion that once the court's decision comes, the future course of action would be discussed,” he stated.

When asked about the Congress government approaching the Supreme Court against the Governor for sending back 11 bills, Parameshwara stated, “The legal team is verifying on approaching the Supreme Court regarding the sending back of 11 bills by the Governor. We will have to see about that. We will first send the bills back to the Governor with the clarifications he had sought. If he is not satisfied, we will have to approach the President for that matter as well.”

Asked whether the Governor will heed to the demands of the Congress party, Parameshwara stated, “It is a different matter whether the Governor will oblige the demands of the Congress party. There is a need to organise the agitations ... Tomorrow one might state that if the legislators had to meet and brief him about the situation, he would have taken a different call. We want to explore the opportunity as well.”

Answering a question on BJP planning to stage protests at the national level, he said, “If they are planning a national level agitation, then we will also have to organise the protests at the national level. The high command will decide whether the Congress party alone is going to stage the agitation or it will be staged through the INDIA bloc. If BJP takes it to the national level, we will also certainly do it.”

On the issue of land allotment by the Karnataka Industrial Development Board (KIADB) to Minister for RDPR and IT and BT Priyank Kharge, Parameshwara stated, “Let the Governor examine the complaint and if there is anything against the law, let him take appropriate action. The application was submitted for the land allotment for a project. Anyone can make the submission after coming up with a company, project report and investment. The land will be allotted.”

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