‘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 9,2024

Mangaluru, Sept 9: An action committee has voiced concerns about the construction of a new toll plaza near Sooralpady Masjid on the Mangaluru-Moodbidri-Karkala National Highway 169, 17 km from Nanthoor. Amidst ongoing construction, the Action Committee Against Surathkal Toll Gate claims irregularities and poor site selection.

Committee convener Muneer Katipalla noted that only 50% of the Nanthoor-Moodbidri-Karkala highway upgrade is complete after seven to eight years. The Nanthoor-Vamanjoor stretch remains unfinished, causing traffic issues, while dangerous hillside cutting near Kettikal has forced residents to relocate. Additionally, a flyover near Kaikamba threatens a local market.

Katipalla also criticized the construction of a bypass road, alleging it benefits real estate investors and inflates the project cost, which could increase toll fees. The proposed toll plaza, situated 36 km from Talapady toll gate and 35 km from Brahmarakotlu toll gate, violates distance regulations and is too close to local amenities, raising public objections.

There is growing concern that toll collection might begin before the project's completion, with locals frustrated by unaddressed grievances. Social activist Bava Padarangi, DYFI leader Srinath Kulal, and other community leaders attended the site visit.

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News Network
September 12,2024

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The United Nations Relief and Works Agency for Palestine Refugees says six of its employees are among the at least 18 people killed in a recent Israeli aerial assault on a school in the central Gaza Strip.

In a statement released on Thursday, UNRWA said Wednesday’s Israeli airstrikes targeting the UN-run al-Jaouni school in the Nuseirat refugee camp resulted in "the highest death toll among our staff in a single incident” since the occupying regime waged a genocidal war on Gaza more than 11 months ago.

"Among those killed was the manager of the UNRWA shelter and other team members providing assistance to displaced people," it added.

UNRWA also said the al-Jaouni school, home to around 12,000 displaced Palestinians- mainly women and children, has been hit five times since the Israeli aggression began.

“No one is safe in Gaza. No one is spared,” it emphasized. “Schools and other civilian infrastructure must be protected at all times, they are not a target.”

In an X post, UN Secretary General Antonio Guterres said the deaths demonstrated “very dramatic violations of the international humanitarian law and the total absence of an effective protection of civilians.”

Meanwhile, UNRWA chief Philippe Lazzarini said the agency's staff who were killed had been providing support to families sheltering in the al-Jaouni school.

“Humanitarian staff, premises & operations have been blatantly & unabatedly disregarded since the beginning of the war,” he asserted.

Lazzarini further noted that at least 220 UNRWA employees have been killed during the Israeli offensive on Gaza.

The Israeli military claimed that the school had been used by members of the Hamas resistance group to “plan and execute” attacks against the occupation troops.

However, a survivor said the section of the school that was hit by Israel had been “dedicated only to women.”

“All of a sudden there was a huge explosion … Women and children were blown to pieces. We rushed to see our children but found them torn to pieces,” he told Al Jazeera.

Another survivor said she had lost all of her six children in the Israeli attack, adding, “What crime, what wrong did those innocent children do?”

Israel waged its brutal Gaza offensive on October 7, 2023, after Hamas carried out a historic operation against the usurping entity in retaliation for its intensified atrocities against the Palestinian people.

So far, the Tel Aviv regime has killed at least 41,084 Palestinians, mostly women and children, and injured 95,029 others. 

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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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