Those top judges shouldn’t have brought the issue to the public, says Santosh Hegde

Agencies
January 13, 2018

Bengaluru, Jan 13: Former Supreme Court judge N Santosh Hegde today "wholly" condemned the action of four senior judges in going public over internal matters of the judiciary, saying it affected the reputation of the institution and may amount to contempt of court.

Questioning their action, he said internal matters of the judiciary should not have been brought to the public for discussion because neither the public nor the government or the executive can give any relief to them. "I wholly condemn the press meet yesterday held by the four judges of the Supreme Court. My complaint is these things should not have been publicly discussed, consequent to which the reputation of the judiciary has been affected," he told PTI.

In an unprecedented move in the country's judicial history, Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph had held a press conference yesterday and mounted a virtual revolt against Chief Justice of India Dipak Misra, questioning him on the 'selective' allocation of cases and certain judicial orders passed by him.

Hegde, a former Lokayukta of Karnataka, said their action would not benefit anybody other than drawing public attention. He said institutions like the judiciary survive on the confidence of the people. "Once the confidence of the people is lost, the institution will be useless," he said. Agreeing that the judges' intention was to 'bring the muck out of the system, he disapproved of their approach as it would set a new precedent where judges of High Courts and the Supreme Court would start bringing their differences into the public domain.

On whether their action was liable for impeachment, Hegde said he does not want to go to that extent, though he felt it can be possible, given the fact that a Calcutta High Court judge was impeached for contempt of court. He, however, felt that their action may amount to contempt of court. "Yes, it may amount to contempt of court but I am not talking about that...I don't want to take the issue to another direction. I am only questioning the action of the four judges who came out saying that the Chief Justice is giving cases according to his whims and fancies. "Yes, that is the jurisdiction given to him. And why not? That bench before which the case is posted does not have the only person. There are two other judges there." "That means you are suspecting the three judges. Let us not denigrate the institution," said Hegde.

Comments

s
 - 
Sunday, 14 Jan 2018

oh should they have gone to govt or police? to get killed?

Abu Muhammad
 - 
Sunday, 14 Jan 2018

The contempt of Court may be punishable, but what about the Contempt of Judicial system and contempt of Justice by CJI? It will never be questioned rather rewarded. Atleast now public come to know that Judiciary too infected with.............virus. Public had the doubt, now four senior most judges confirmed it. God save India!!! SATYA MEVA JAYATE!!

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News Network
June 22,2020

Bengaluru, Jun 22: The Central Crime Branch (CCB) of Bengaluru Police has obtained the custody of an associate of gangster Ravi Pujari and is questioning him about his role in several cases against the gangster, the police said on Monday.

According to the police, Khan is convicted in the case related to the murder of a builder named Subba Rao in the year 2017. The accused has been identified as Yousuf Bacha Khan.

"Continuing the investigation of Ravi Poojary, CCB had obtained custody of Yousuf Bacha Khan, who is associate of Pujari. Khan was convicted in the Subba Rao murder case. He is being questioned about his role in other cases," Joint Commissioner of Police (Crime) Sandeep Patil said.

The CCB had recently filed two charge sheets against gangster Ravi Pujari in Shabnam developers double murder case and an extortion case.

Pujari, who was wanted in several cases including ones related to heinous crimes like murder and extortion, was extradited to Bengaluru earlier this year from Senegal.

The gangster, who parted ways with underworld don Chhota Rajan, had jumped bail after he was arrested in Senegal in 2019 and had escaped to South Africa, where he was involved in drug trafficking and extortion.

According to sources in the Indian intelligence, Ravi Pujari was hiding under the false identity of Anthony Fernandes, a Burkina Faso passport holder, in a remote village in South Africa.

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News Network
January 8,2020

Bengaluru, Jan 8: The second instalment of flood relief funds from the Centre, announced on Monday, has left BS Yediyurappa less than cheerful, with the chief minister insisting that it is barely adequate. The CM on Tuesday said he will urge the Union government to release more.

On Monday, the Centre announced it will release Rs 669.8 crore in addition to the Rs 1,200 crore it had released earlier towards flood relief and rehabilitation. The total sum is a small fraction of the loss, which the government pegged at a staggering Rs 38,000 crore.

“The Centre has released assistance in two instalments so far, but it is inadequate given the magnitude of the damage. I will request for more funds and I am confident the Centre will oblige,” Yediyurappa told reporters.

When Prime Minister Narendra Modi had visited the state last week, Yediyurappa had urged him — even openly at a function — to release funds. This followed several pleas over the past four months, which barely drew a response from the Centre. Now, the CM himself suggests it’s barely a drop in the ocean.

The opposition has been criticizing both Yediyurappa and the Centre for their handling of the situation and on Tuesday, leader of the opposition Siddaramaiah of the Congress criticised the CM for “misguiding people” on the sum released by the Centre.

Siddaramaiah tweeted, “Reports from State govt officials say only Rs 669 cr of addl funds are released in 2nd instalment as opposed to the claim of Rs 1,870 cr by Karnataka BJP leaders. At a time when manufacturing industries are closing, BJP’s fake news factory is running at full potential ".

In another tweet, he said, “Moved by the plea of chief minister, Yediyurappa, Prime Minister Narendra Modi released an additional Rs 669.8 crore, taking the total amount to Rs 1,869.8 crore. BJP leaders, who are devotees of the god of lies, attempts to depict the total relief amount as 1200+1869.85 = Rs 3,069 cr is ridiculous.”

A high-level committee chaired by Union home minister Amit Shah had sanctioned the National Disaster Response Fund (NDRF) funds on Monday. While the Press Information Bureau claimed Rs 1,869 crore was approved on Monday, state government officials clarified that the figure included the Rs 1,200 crore released in October.

Meanwhile, sources say the two instalments is all the assistance the state can expect from the Centre towards flood relief. Sources say the Rs 1,870 crore is roughly 60% of the funding — Rs 3,000 cr— which was supposed to be allocated for Karnataka, based on an inter-ministerial team’s assessment of losses in the state.

“Compared to other states for the same period, Karnataka has received the highest amount in flood relief. We cannot expect more,” said a revenue department official, who said the government will not approach the Centre for a special package.

However, revenue minister R Ashoka said the state will pitch for the entire Rs 3,000 crore. “The state government will pursue the matter with the Centre until it releases the entire Rs 3,000 crore. The state government will cover the remainder of the Rs 38,000 crore loss. We will not go back on our word,” Ashoka said. Incidentally, the state has spent about Rs 6,000 crore on relief and rehabilitation so far.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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