CAG to apex court: state can use its report in Yeddyurappa cases

February 27, 2017

New Delhi, Feb 27: The Comptroller and Auditor General (CAG) has told the Supreme Court that the state government and its prosecuting agencies are free to take any decision on its reports relating to land denotifications undertaken during the tenure of the then chief minister B S Yeddyurappa.

Yeddyurappa“The issue whether the report of the CAG could be made basis for initiation of criminal proceedings is a matter which would fall within the domain of the state government and its prosecuting agencies,” it said in an affidavit filed in the apex court. The stand taken by the CAG comes in support of the Karnataka government which, in its special leave petition, contended that the reports prepared by the constitutional body could be relied upon for initiating action for “cognisable offence” against Yeddyurappa.

The CAG’s affidavit came in response to a notice issued by the Supreme Court, which has been hearing the Karnataka government’s petition challenging the Karnataka High Court’s single-judge bench order of January 5, 2016.

The CAG submitted that it has undertaken performance audit on denotification of land by the state government and allotment of sites by the Bangalore Development Authority (BDA). The audit findings were based on a sample determined at 40% of 126 denotification cases done by the government during 2007-12. The CAG also said its performance audit on land management was taken across the country in eight states and was not limited to Karnataka.

Allowing a batch of 15 petitions by Yeddyurappa, the high court had then held the CAG report could not be the basis for registration of FIRs relating to denotification of lands acquired by the BDA in Bilekahalli, Halagavaderahalli, J B Kaval and other places in Bengaluru city when he was the chief minister.

Yeddyurappa, on his part, has denied before the court any wrongdoing in passing orders for various denotification of land. He claimed the registration of 15 FIRs on the direction by the Lokayukta on the basis of CAG’s reports was “completely misplaced” and has rightly been quashed by the Karnataka High Court.

Responding to the apex court’s notice, Yeddyurappa said, “The CAG report cannot be the sole basis of registration of the FIR. Since the reports (2010-11 and 2012) submitted to the governor on November 21, 2012, is in the process of consideration of the Public Accounts Committee, no other authority can act upon the said report.”

Comments

Skazi
 - 
Monday, 27 Feb 2017

Yeddy .... Be careful before barking and showing fingers at others ..... All politicians are naked in the bath rooms ....

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News Network
February 19,2020

Mangaluru, Feb 19: The Plenary Assembly of the Conference of Catholic Bishops of India (CCBI) of the Latin Church elected Bishop Peter Paul Saldanha, Bishop of Mangalore, Karnataka, as the new Chairman of the CCBI Commission for Liturgy.

The Conference also elected 26 Bishops of the CCBI to participate in the three-week Golden Jubilee Conference of the Federation of Asian Bishops’ Conferences (FABC) to be held in November 2020 at Bangkok in Thailand. The one day meeting of the CCBI discussed various matters affecting the Latin Catholic Church in India, which consists of 132 dioceses and 190 Bishops.

The CCBI animates the Church in India through its 16 Commissions and 4 Departments. Its main Secretariat is in Bangalore with extensions in Goa, Delhi and Pachmarhi (MP).

The Conference of Catholic Bishops of India (CCBI) which is the Canonical National Episcopal Conference is the largest in Asia and the fourth largest in the world.

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News Network
January 12,2020

Bengaluru, Jan 12: Chief Justice of India, Sharad Arvind Bobde on Saturday hinted at the possibility of Artificial Intelligence being developed for the court system while making it clear that it will never replace human discretion.

Speaking at an event here, Bobde said, "We have a possibility of developing Artificial Intelligence for the court system. Only for the purpose of ensuring that the undue delay in justice is prevented."

"I must make it clear at the outset as there are times when even judges have asked this. AI is not going to replace human judges or human discretion", he added.

Sharing more details of his vision, he stated, "It is only the repetitive, mathematical and mechanical parts of the judgments for which help can be taken from the system...we are exploring the possibility of implementing it."

Bobde stressed on the requirement of developing AI for judiciary while outlining the number of pending cases in different courts.

"Some people are in jail for 10-15 years and we are not in position to deal with their appeals. The high court's and Supreme Court take so long and ultimately the courts feel that it is just to release them on bail", he said.

Bobde also endorsed employing every talent and skill to ensure delivery of justice in a reasonable time.

"We must employ every talent, every skill we possess to ensure that justice is received within reasonable time. Delay in justice can't be a reason for anybody to take law into their hands. But it's very important for us as courts to ensure there's no undue delay in justice", he said.

CJI Bobde also highlighted the need for pre-litigation mediation and said, "Pre-litigation mediation is the need of the hour especially in the backdrop of a significant pendency that the courts are tackling with. There are innumerable areas where pre-litigation mediation could solve the problem."

He also stressed that the position of a judge is very unique under the constitution and they have to deal with a variety of problems.

"The foundation of civilisation rests on the law. Judicial officers have to deal with a variety of problems...Judges without adequate knowledge, skills and experience may cause distortion, delay and miscarriage of justice", he said.

Earlier in the day, Chief Justice of India Bobde inaugurated the phase-1 of the new building of the Karnataka Judicial Academy on Crescent Road in Bengaluru.

The new building has three floors, besides, the ground floor and two basement floors.

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News Network
January 31,2020

Mangaluru, Jan 31: Four people, including a minor and a teen-aged boy, have been arrested on charges of spreading false messages on social media with in Bantwal taluk of Dakshnina Kannada District.

Police said on Friday that the arrested have been identified as Siddik (27), K Mohammed (19), Hanif (25) and a 16-year-old boy.

They are accused of spreading false news on social media using different mobile numbers in Bantwal Taluk for disturbing communal harmony, police said adding a case had been registered at the Vitla police station in this connection.

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