High Court stays CBI probe into Naushad Kashimji murder case

[email protected] (CD Network)
October 18, 2011

NS


Mangalore, October 18: In a setback for the family members of Naushad Kashimji, a division bench of the Karnataka High Court on Monday overruled a single judge bench order entrusting the murder case of slain human rights advocate, to Central Bureau of Investigation.

On July 15, the single judge bench headed by Justice Mohana Shantanagowdar had ordered the probe after hearing a petition seeking a CBI probe into the murder and the alleged involvement of four police officers in the two-year old case.

Naushad, who was shot dead outside his apartment in Mangalore on Apr 9, 2009, was allegedly warned by four police officers as he was appearing in court defending the alleged aide of Chota Shakeel, Rasheed Malbari.

Naushad's senior, Purushottam Pujary, had lodged a complaint with Pandeshwar police station accusing the hand of four police officers in the killing of Naushad the same evening after he was allegedly warned by the officers on April 9, 2010.

When the probe did not make a headway, the wife of the accused filed a writ petition seeking a CBI probe into the matter.

When the matter came up for hearing before single judge bench, the State Government submitted that the CID is already probing into the matter.

However, the petitioner submitted that since there is involvement of four police officers namely police inspector Venkatesh Prasanna, DYSP Jayantha Shetty, Ullal sub-inspector Shivaprakash and Panambur Circle Inspector Valentine D'Souza, she wanted the investigation to be conducted by an independent agency like the CBI.

Justice Mohan Shantangowder who heard the matter, had directed the matter be referred to CBI for further investigation.

It was, probably, for the first time in the history of Karnataka, the High Court has decided to handover a murder case to CBI.

It may be recalled that the police had arrested six persons in connection with the murder of advocate within 15 days of the incident. They were Dinesh (24), a resident of Belthangady; Rithesh (20), a resident of Kodikal; Prathap (26), a resident of Kavoor; Ganesh (28) of Kodikal; Subrahmanya (24) of Kadri and Shivaprakash (30) of Urwa Store. The police had also seized three 9 mm pistols, 8 rounds of ammunition, Rs 3,53,060 in cash, three mobile phones, Maruthi 800 car and 4 pistol-magazines.



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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 12,2024

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Mysuru: More than 50 people have been arrested in connection with the riots between two groups of different faiths, at Nagamangala town, Mandya district, over the Ganesha idol procession, on Wednesday night.

High drama prevailed in front of the Nagamangala town police station on Thursday morning, with women belonging to both Hindu and Muslim communities staging a protest against the arrest of their family members and demanding their release.

The two groups started arguing over the Ganesha idol procession on the Mysuru-Nagamangala road, near a 'dargah'. This soon turned violent with stone being pelted. Reports said that around 25 shops were also set on fire.

Several vehicles were damaged and torched by the mob. However, police intervened and brought the situation under control, deploying additional police forces.

Holiday has been declared to schools and colleges in Nagamangala town until further notice. Police have imposed section 144 till 12 noon of September 14.

SP Mallikarjuna Baladandi, IGP (Southern Range) Boralingaiah, DC Kumar and other officials visited the spot.

District incharge Minister N Chaluvarayaswamy visited the spot on Thursday morning and took stock of the situation. Speaking to reporters he said, the incident was unfortunate.

"The clash which started around 9 pm on Wednesday, flared up with miscreants setting fire, damaging shops and vehicles in the town. There is no need for anxiety. Additional police forces have been deployed in the town and the situation is under control now," he said.

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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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