No relief for Katta in KIADB scam, wife's plea dismissed

January 29, 2016

Bengaluru, Jan 29: The High Court on Thursday dismissed a petition filed by former minister Katta Subramanya Naidu’s wife K Sowbhagya questioning the constitutional validity of some sections of the Prevention of Money Laundering Act, 2002, and subsequent amendments made to the law in 2005, 2009 and 2012.

kattasJustice Anand Byrareddy also dismissed her petition for quashing of an order issued by the Enforcement Directorate on September 25, 2012, pertaining to seizure of 141 documents related to the assets of Naidu’s family, Itasca Software Development Pvt Ltd and 23 others in connection with the multi-crore compensation scam in the Karnataka Industrial Areas Development Board (KIADB) land acquisition.

Sowbhagya had challenged several sections of the Act, contending that an accused can be tried under this law if they had harmed national security or were involved in terrorist activity.

As the petitioner and the family were not involved in any such activities, they must not be tried under the said Act and the High Court must quash the action taken by the directorate in seizing their property documents and transactions, she argued.

The bench in its order stated that the power of search, seize and arrest were important aspects of investigation and the matter related to economic offences was not unusual.

Similar procedures are followed with regard to the Customs Act, 1962, the Prevention of Food Adulteration Act, 1954, and the Railway Property (Unlawful Possession) Act, 1966.

As a Lokayukta enquiry is pending against the Naidu family, Katta’s wife also sought the court’s direction for a joint hearing.

Request rejected

But the bench rejected her prayer, saying the Lokayukta conducted the enquiry under a different law whereas the directorate was trying them under the Money Laundering Act, hence the two matters could not be heard together.

The bench dismissed the petitioner stating that it was not maintainable and the said sections of the Act were constitutionally valid.

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June 2,2020

Mangaluru, Jun 2: Even as the mosques in Karnataka recieved green signal from state government to reopen for congregational prayers from June 8, a senior Islamic scholar in coastal Karnataka has encouraged Muslims to prefer to offer prayers at homes during covid times. 

Twaqa Ahmed Al-Azhari, the Qadhi of Mangaluru, has welcomed the state government's decision to allow Muslims to offer congregational prayers including Jum'a prayers with certain precautions and conditions.

"Government has upheld our religions sentiments. All the mosques where congregational prayers will be held from June 8 should strictly follow all the guidelines issued by the government," he said. 

He also suggested that if any mosque is not in a position to follow all the guidelines issued by the government then it should refrain from holding congregational prayers. "Muslims can continue offer Fard and Jumá prayers at homes as the cornavirus pandemic is still spreading in the region and across the world," he said.

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News Network
January 12,2020

Hubballi, Jan 11: Karnataka Industries Minister Jagadeesh Shatter's mother Basvennamma Shivappa Shetter passed away here on Friday evening.

She was 86. She is survived by three sons and a daughter.

The final rituals was held on Saturday, family sources said.

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February 19,2020

Bengaluru, Feb 19: Pointing out that there was a deliberate attempt to cover up police excesses by implicating innocent persons at whim, the Karnataka High Court on Tuesday granted conditional bail to 21 people who were accused by police of involving in violence during the protests against the Citizenship Amendment Act (CAA) in Mangaluru.

Allowing the bail petitions of Ashik and 20 others from Udupi and Dakshina Kannada districts, Justice John Michael Cunha said the overzealousness of the police is also evident from the fact that FIRs were registered under Section 307 of IPC against the persons killed by the police themselves.

“In an offence involving a large number of people, the identity and participation of each accused must be fixed with reasonable certainty. In the present cases, the identity appears to have been fixed on the basis of their affiliation to PFI and they being members of the Muslim community. Though it is stated that the involvement of the petitioners is captured in CCTV footage and photographs, no such material is produced before the court showing the presence of any of the petitioners at the spot, armed with deadly weapons,” the judge noted.

In the statement of objections filed by the State Public Prosecutor-I, it was stated that there was a hint of Muslim youths holding protest on December 19, 2019, opposing the implementation of CAA. Prohibitory orders were clamped in that connection. This assertion indicated that the common object of the assembly was to oppose the implementation of CAA and National Register for Citizens (NRC) which, by itself, was not an “unlawful object”, the judge pointed out.

‘Pics show cops throwing stones at crowd’

Justice Cunha also said the material collected by the investigators did not contain any specific evidence regarding the presence of any of the petitioners at the spot. On the other hand, omnibus allegations were made against the Muslim crowd of 1,500-2,000, alleging that they were armed with weapons like stones, soda bottles and glass pieces. The photographs produced by the SPP depicted that hardly any member of the crowd were armed with weapons, except one of them holding a bottle. In none of these photographs, police station or policemen were seen in the vicinity, the judge noted.

“On the other hand, photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd. The petitioners have produced copies of the complaints lodged by the dependants of the deceased who died due to police firing and the endorsement made thereon reveals that even though the law required the police to register independent FIRs in view of the specific complaint made against the police officers making out cognizable offences, the police have failed to register FIRs. This goes to show that a deliberate attempt is underway to cover up police excesses by implicating innocent persons at the whims and caprice of the police,” the judge observed.

In the wake of counter-allegations against the police and in the backdrop of their failure to register FIRs based on complaints lodged by the families of victims, the possibility of false and mistaken implication could not be ruled out, the judge said. In these circumstances, it would be a travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and police. The records indicate that a deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence. None of the petitioners have any criminal antecedents, the court said.

“The allegations levelled against the petitioners are not punishable with death or imprisonment for life. There is no direct evidence to connect them with the alleged offence. The investigation appears to be malafide and partisan. In the circumstances, in order to protect the rights and liberties of the petitioners, it is necessary to admit them to bail,” the judge said.

The petitioners were arrested and remanded in judicial custody after the anti-CAA protests on charges of being members of an unlawful assembly, armed with lethal weapons, attempting to set fire to the North Police Station in Mangaluru, obstructing the police from discharging their duties and causing damage to public property, etc., on December 19 in violation of the prohibitory orders. They moved the High Court as their bail pleas had been rejected by a sessions court in Dakshina Kannada.

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