Nayak's appointment as law panel chief challenged

December 16, 2014

S R Nayak
Bengaluru, Dec 16: The appointment of Justice S R Nayak as the chairman of the Karnataka Law Commission has been challenged before the Karnataka High Court.

A writ petition has been filed in this regard by H M Farooq stating that Justice Nayak's appointment as chairman was in violation of the Protection of Human Rights Act.

The State government had appointed Justice Nayak as the chairman of the Law Commission in June 2013. A person to be appointed chairman of the Law Commission shall be a person who has held the office of the Chief Justice of High Court or that of a judge of the Supreme Court. Justice Nayak was the Chief Justice of the Chhattisgarh High Court.

In the capacity of a retired Chief Justice, Justice Nayak was appointed chairperson of the Karnataka State Human Rights Commission in 2007. He served as chairperson of the SHRC from July 2007 to July 2012. Justice Nayak took charge as the Law Commission chairman on June 27, 2014.

The petitioner claimed that the government notification (Number/Law/26 /KLM 2014 dated 26.06.2014) was in contrary to Section 24 (3) of the Protection of Human Rights Act. The petitioner stated that Section 24 (3) of the Protection of Human Rights Act 1993 stipulates that, œOn ceasing to hold office, the chairperson or a member (SHRC) shall be ineligible for further employment under the government of the State or under the Government of India. 

œIt is pertinent to note that Justice Nayak, after ceasing as chairperson of Karnataka Human Rights Commission, was once again appointed and employed by the Government of Karnataka with utter disregard for the provisions of Section 24(3) of the Protection of Human Rights Act,  the petitioner claimed.

The petitioner has prayed for quashing of the appointment of Justice Nayak as the chairman of the Law Commission.

œThe Law Commission of Karnataka is a very important body under the Government of Karnataka, which is constituted to look into the lacunae in laws and recommend abolishing obsolete laws. The

appointment is ex facie illegal, void and abuse of process of law resulting in gross failure of justice. Further, it is in utter violation of the mandatory provision stipulated under the Protection of Human Rights Act,  the petitioner submitted.

The Karnataka Law Commission was constituted by the State government in 2009 and consists of a full-time chairman, a full-time member who shall be retired judge of High Court of Karnataka, a full-time member secretary who shall be retired district judge and five ex officio members who shall be Advocate General of Karnataka, Law Secretary of Karnataka, secretary, Karnataka Legislative Assembly or Legislative Council, Dean, Faculty of Law, Bangalore University, secretary, Parliamentary Affairs and one more ex officio honorary member, director, Karnataka Institute for Law and Parliamentary reform.

The functions of the Law Commission of Karnataka include suggesting amendment, modification in the existing laws, proposed laws, drafting new laws for effective functioning of the market economy, deletion of obsolete laws, providing assistance to the State Legislature in drafting laws, suggesting steps for administrative reforms and providing suggestions of settlement of inter-state disputes.

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News Network
November 3,2024

Mangaluru: Deputy Chief Minister D K Shivakumar emphasized the urgent need for local job creation and a dedicated tourism policy to address communal tensions and rejuvenate the Dakshina Kannada region. 

He spoke during "Ashoka Jan-Mana," a clothing distribution event organized by Rai Estates Educational and Charitable Trust, under the leadership of MLA Ashok Rai, at Kombettu’s taluk stadium in Puttur on Saturday.

“There are challenges to communal harmony across the coastal and interior regions of Dakshina Kannada. To counter these issues, we must provide opportunities for our youth," Shivakumar stated. "The government is considering a specialized tourism policy for the coastal areas to attract more visitors and retain local talent."

Shivakumar expressed concern about a rising trend among local youth to migrate to Saudi Arabia, Mumbai, and Bengaluru due to limited job opportunities in the area. "Communal disturbances have also discouraged students from other districts from enrolling in our institutions, and several banks that originated here have closed down," he said.

Highlighting the region's potential, Shivakumar remarked, “Dakshina Kannada is home to many temples and boasts a rich coastline. Yet, despite Mangaluru having a major port, we still lack five-star hotels. Developing tourism here will be essential for creating jobs and fostering harmony.”

He also hinted at development projects proposed by Ashok Rai for Puttur, which are currently under wraps due to by-election restrictions. Assuring commitment, Shivakumar said, “Although we secured only two seats in Dakshina Kannada, we are committed to developing all constituencies in the region.”

The Deputy Chief Minister concluded with a powerful message on leadership, likening Ashok Rai to a modern embodiment of ancient virtues. “For success, one should have Dharmaraya's righteousness, Karna's generosity, Arjuna's focus, Vidura's ethics, Bhima's strength, and Krishna's strategy. Ashok Rai has all these qualities," he said, praising Rai’s dedication to the people of Dakshina Kannada.

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News Network
November 16,2024

Mangaluru: The Kavoor police in Mangaluru, Karnataka, have arrested three individuals from Kerala in connection with two separate cybercrime cases, including one involving extortion under the guise of a "digital arrest."

City Commissioner of Police Anupam Agrawal reported that one of the arrested individuals, Nisar, a resident of Ernakulam district, posed as a CBI officer. He allegedly threatened the complainant with arrest and extorted Rs 68 lakh. A case has been filed under sections 66 (C) and 66 (D) of the IT Act, and sections 308 (2) and 381 (4) of BNS.

In another case, the Kavoor police arrested two men, Sahil K P of Thiruvannur, Kozhikode, and Muhammad Nashath of Mappila Koyilandy, Kerala, in connection with a share trade fraud. The accused are alleged to have deceived the complainant by promising substantial profits from an investment in the stock market. Trusting the fraudsters, the complainant invested Rs 90 lakh, which was subsequently lost. A case has been registered under sections 66 (C) and 66 (D) of the IT Act, and sections 318 (4) and 3 (5) of BNS.

The accused were arrested in Koyilandi and presented before the court. The operation was carried out under the guidance of City Police Commissioner Anupam Agrawal, led by Mangaluru North Sub-Division ACP Srikanth K, Kavoor Inspector Raghavendra Byndoor, Kavoor PSI Mallikarjuna Biradara, and staff members Ramanna Shetty, Bhuvaneshwari, Rajappa Kashibai, Praveen N, and Malatesh. 

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News Network
November 5,2024

hdknikhil.jpg

Bengaluru: In a major legal twist, an FIR has been filed against Union Minister H.D. Kumaraswamy, his son Nikhil Kumaraswamy, and their close associate Suresh Babu. The trio is accused of threatening a senior IPS officer and making false allegations against him. The FIR, registered by the Sanjaynagar police, follows a complaint by Additional Director General of Police (ADGP) M. Chandrasekhar, who heads the Special Investigation Team (SIT) under the Karnataka Lokayukta.

Allegations Against Kumaraswamy
The crux of the case revolves around ADGP Chandrasekhar's investigation into Kumaraswamy's alleged illegal approval of a mining lease to Sri Sai Venkateshwara Minerals (SSVM). Kumaraswamy, currently serving as Union Minister for Steel and Heavy Industries, has been accused of bypassing legal procedures in favor of SSVM, prompting Chandrasekhar to seek the Karnataka Governor's approval to pursue legal action.

In response, Chandrasekhar claims that Kumaraswamy lashed out publicly. On September 28 and 29, the former Karnataka Chief Minister held press conferences, accusing the officer of bribery, misuse of medical records, and personal misconduct. According to the ADGP, Kumaraswamy also issued a threat of transferring him to another cadre outside Karnataka.

Nikhil and Aide Suresh Babu Involved
Kumaraswamy’s son Nikhil Kumaraswamy is also implicated in the controversy. On September 29, Nikhil allegedly echoed his father’s accusations against Chandrasekhar. The third individual named in the FIR, Suresh Babu, a close aide to Kumaraswamy, is accused of escalating the issue by writing a letter to the Karnataka Chief Secretary. This letter, containing further allegations, was made public on social media, adding to the pressure on the senior officer.

Legal Action and Charges
Though Chandrasekhar's complaint was filed in October, formal legal proceedings began on November 4 after securing approval from the 42nd Additional Chief Metropolitan Magistrate (ACMM). The charges include Section 224 (threat of injury to a public servant) of the Bharatiya Nyaya Sanhita (BNS). A police source familiar with the case confirmed the charges.

ADGP Chandrasekhar's Response
In a strong rebuttal, ADGP Chandrasekhar addressed his team and the media, branding Kumaraswamy as an accused person trying to intimidate the SIT. He emphasized that these attacks were intended to undermine his officers' morale and interfere with the investigation.

“An accused, no matter how powerful, remains an accused. This attempt to instill fear in the minds of officers is meant to hinder justice," Chandrasekhar said in a written statement. Referring to Kumaraswamy, he added, "This accused, who is currently out on bail, has resorted to such tactics to shake our resolve."

Quoting Shaw to Drive the Point Home
In a dramatic conclusion, Chandrasekhar cited playwright George Bernard Shaw, saying, “Never wrestle with pigs. You both get dirty, and the pig likes it,” signaling his intent to remain unshaken in the face of public accusations and personal threats.

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