Roshan Baig, family members to face trial in DA case

News Network
November 5, 2020

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Bengaluru, Nov 5: The High Court has dismissed a petition filed by Roshan Baig and two of his family members seeking quashing of proceedings in a disproportionate assets case. The court has also clarified that prior sanction for prosecution is not required against Roshan Baig.

The petition was filed by Baig, his wife Sabiha Roshan and son Ruman Baig Rehman, seeking quashing of the entire proceedings before the special court, set up to deal with criminal cases against MPs/MLAs.

The Lokayukta police had registered a case against the petitioners in 2012. The police submitted a 'B' report (closure report) in 2014.

In May 2018, the special court took cognizance against Sabiha and Ruman. In respect to Roshan Baig, the special court directed the investigating officer to secure sanction for prosecution from the competent authority since he was an MLA and a cabinet minister.

The special public prosecutor submitted before the High Court that prima facie material in the case revealed that the accused possessed disproportionate assets of Rs 56.71 lakh.

Justice John Michael Cunha observed that the special court judge has assigned cogent reasons to reject the 'B' report and the procedure is in accordance with the law.

The court held that prior sanction for prosecution is not necessary against Baig since he ceased to hold the office which he held as a public servant at the time of the commission of the offence.  

On the rejection of the 'B' report filed by the police, the high court observed that the magistrate is not bound by the opinion or conclusion of the investigating officer.

The court said the investigating officer filed the 'B' report on the ‘erroneous understanding of the law’ that possession of disproportionate assets within 10% of the total income does not qualify as disproportionate assets, based on a Supreme Court decision.

“This decision does not lay down any invariable rule that in all cases if the disproportionate assets possessed by the accused are less than 10% of the total income, the offence is not made out,” the court said.

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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 20,2024

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New Delhi: The Supreme Court today sought a report from the Karnataka High Court over controversial remarks made by Justice Vedavyasachar Srishananda during a recent court hearing.

Justice Srishananda, while addressing a landlord-tenant dispute, referred to a Muslim-majority area in Bengaluru as "Pakistan" and made a misogynistic comment involving a woman lawyer. 

A five-judge bench led by Chief Justice of India DY Chandrachud, along with Justices S Khanna, B R Gavai, S Kant, and H Roy, expressed the need for establishing clear guidelines for constitutional court judges regarding their remarks in court. 

The Supreme Court bench said that when social media plays an active role in monitoring and amplifying courtroom proceedings, there is an urgency to ensure judicial commentary aligns with the decorum expected from courts of law.

"Our attention has been drawn to some comments made by Karnataka High Court judge Justice V Srishananda during the conduct of judicial proceedings. We have asked the AG and SG to assist us. We ask the registrar general of the High Court to submit a report to this court after seeking administrative directions from the Chief Justice of Karnataka High Court. This exercise may be carried out in 2 weeks," the top court directed.

Videos of Justice Srishanananda have gone viral on social media.

In one video, he refers to a Muslim-dominated locality in Bengaluru as "Pakistan" and on another video he was seen making objectionable comments against a woman lawyer. In the second incident, Justice Srishanananda can be heard telling the woman lawyer that she seemed to know a lot about the "opposition party", so much so that she might be able to reveal the colour of their undergarments.

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News Network
September 16,2024

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In a heart-breaking incident, 19-year-old Shaun D'Souza, a native of Vittalwadi in Udupi's Kundapur taluk, tragically lost his life in the UAE due to heat stroke.

Shaun, the beloved son of Elias Cyril D'Souza and Pramila D'Souza, originally from Hosabettu, Moodbidri, had been pursuing his college education in the UAE.

He was admitted to a hospital in Ras Al Khaimah, approximately 115 km from Dubai, after collapsing from heatstroke. Despite receiving immediate medical attention, Shaun breathed his last on Sunday, September 15. 

He is deeply mourned by his parents and two siblings. The family, who had been residing near St. Mary's Church in the UAE, are grappling with the profound loss. Shaun’s father, Elias, works as a manager for a private company, while his mother, Pramila, is an accountant.

The local community has come together to offer their support and condolences in this time of sorrow.

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