Gauri murder: HC seeks report on 'torture' of accused

Agencies
June 19, 2018

Bengaluru, Jun 19: The Karnataka High Court has directed two magistrate courts here to submit a report on allegations of custodial torture of four accused in the Gauri Lankesh murder case and non-compliance of judicial procedures.

The allegations are "serious in nature" and the Registry of the High Court has been directed to communicate the order to the magistrates of the first and third additional chief metropolitan magistrate (ACMM) courts, Justice K N Phaneendra said when the matter came up for hearing yesterday.

"They should submit a report on the allegations within 10 days from the date of receipt of this order," he said.

In an affidavit, advocate N P Amrutesh alleged that Amol Kale, one of the accused in the case, was beaten, slapped and punched on his cheek by police officers while in custody.

The magistrates also failed to comply with procedures mandated by the Supreme Court regarding persons in police custody, he claimed.

The advocate is representing Kale, Sujith Kumar, Amit Ramachandra Degvekar and Manohar Edave, arrested in connection with the killing of the veteran journalist.

The counsel for the accused also alleged that the magistrate did not order a medical examination even after being informed on June 14 about the torture meted out to one of the accused by the police.

"Instead, the magistrate only recorded injury marks on his body," he said.

The counsel further said similar complaints regarding custodial torture of the other accused were also made on May 31 before the magistrate of the third ACMM, which was neglected.

Hence, he prayed for a court direction to authorities concerned to conduct a medical examination of the accused and a probe into their illegal detention and torture by the police.

He also sought Rs 25 lakh as compensation for each of the accused, besides a direction to the magistrate to record their statements in in-camera proceedings.

On June 12, the high court had issued notices to the Karnataka government, state police chief and police officials concerned in the matters.

It had also directed the police to ensure that the accused were not ill-treated.

Gauri Lankesh, a Left-leaning journalist and a strong Hindutva critic, was shot-dead from a close range by motorcycle-borne assailants in front of her house on September 5 last year.

Comments

Farooq
 - 
Tuesday, 19 Jun 2018

Fake allegation. Its for escaping. 

Sandesh
 - 
Tuesday, 19 Jun 2018

Serious Human Right violation

Kumar
 - 
Tuesday, 19 Jun 2018

Trapped. Now human rights people may start making issues

Danish
 - 
Tuesday, 19 Jun 2018

If he killed, then torture is not enough. Kill him also

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News Network
April 18,2020

Ballari, Apr 18: Hosapete town in Ballari district of Karnataka gasped in disbelief as it turned out that 11 members of one single family are positive for the coronavirus.

The whole town has been declared a containment zone and is being surveilled 24X7.

The family includes seven members whose tests returned positive today, three who tested Covid-19 positive on March 30 and one other member subsequently.

The seven who tested positive today had been negative when they were earlier tested along with the others.

They have all now been shifted to isolation wards at the District Hospital in Ballari.

Including this family of 11, Ballari has 13 positive cases so far, with one case each reported from Ballari and Siraguppa towns.

Startled by this sudden upsurge from Hosapete, the district administration has set up 16 fever clinics to screen people and six COVID care centres to treat positive cases. There are two dedicated COVID hospitals, one at Ballari and another at Torangallu in Sandur.

A team of psychological counsellors have been put on duty to provide support to the patients at the isolation centres.

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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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News Network
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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