SC hands over Mangaluru medical student’s ‘murder case’ to CBI

News Network
November 8, 2022

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Mangaluru, Nov 8: The Supreme Court has directed the Central Bureau of Investigation (CBI), Bengaluru, to probe the death of Kerala native Rohit Radhakrishnan, a final-year student of a Mangaluru medical college, who was found beheaded here in 2014.

Based on the representation from Rohit's father MS Radhakrishnan, an advocate in Kerala's Pathanamthitta district, the case was handed over to CID, Bengaluru. 

In February 2015, the victim's father sent a letter to the Karnataka chief minister, seeking the formation of an impartial probe team or the transfer of investigation to a credible agency, such as the CBI, to find out the cause of his son's death.

Rohit, a student of AJ Institute of Medical Science, Mangaluru, was found dead with his head severed on the road to Tannir Bhavi beach on March 23, 2014. 

Since there was no action on his request, Rohit's father filed a writ petition before the Karnataka high court in April 2016, seeking handover of the probe to CBI, Bengaluru. Radhakrishnan moved the apex court under Article 32 of the Constitution.

The Supreme Court, on November 3, observed that except for obtaining a further expert opinion from the department of forensic medicine and toxicology, Bangalore Medical College and Research Institute, there has been no further investigation in the case. The CBI has been directed to submit a periodical status report before the high court every two months on its probe.

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News Network
November 7,2024

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Mangaluru, Nov 7: In the quiet village of Tippunagar, Loretto Padavu, a heartbreaking accident claimed the life of three-year-old Aashika on Wednesday, leaving a family and community shattered.

Aashika, the beloved daughter of Unais from Pattanabailu near Farangipet, was simply enjoying a carefree moment, playing outside her grandmother’s house. It was then that an unimaginable tragedy struck: a parked goods tempo, owned by her uncle, unexpectedly rolled backward, trapping the innocent child beneath its wheels.

Despite her family’s desperate rush to get her to the hospital, little Aashika’s injuries proved too severe, and she was declared dead upon arrival. Her passing has cast a deep shadow over the close-knit community, who grieve alongside her family for the life taken too soon.

The Bantwal traffic police have registered a case and are investigating the incident, while the community mourns the loss of a precious young soul who had only just begun to experience life’s wonder.
 

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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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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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