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Bengaluru, Feb 23: Bolstered by the Supreme Court's interim nod for the gazette notification of the Mahadayi Water Dispute Tribunal award by the Central government, Karnataka decided to allot funds for the drinking water project in the state's northwest region, an official said on Saturday.

"Funds will be allotted in the state budget for fiscal 2020-21 to complete the Kalasa-Banduri project across the Mahadayi river for supplying drinking water to the four drought-prone northern districts in the state," the official of the water resources department told media on anonymity.

As Chief Minister B.S. Yediyurappa also holds the finance portfolio, he has agreed to allocate funds for the project, held up for years in the legal battle with the neighbouring Goa and Maharashtra over the sharing of the river water among the three coastal states.

Yediyurappa is slated to present the state budget for the ensuing fiscal in the legislative assembly on March 2.

"We will resume the project work once the Centre notifies the award though it will be binding on the final outcome of the apex court's hearing the review petitions of Goa and Maharashtra against the Tribunal award," the official noted.

A division bench of Justice D.Y. Chandrachud and Justice Hemant Gupta on Thursday passed an interim order on the Tribunal award, allowing the central water resources ministry to notify it for implementation and posted the case for final hearing in July.

The Tribunal on August 14, 2018 allocated 13.42 thousand million cubic feet (tmcft) of the river water to the southern state for irrigation and drinking water supply to towns and villages across Bagalkot, Belagavi, Dharwad and Gadag districts, which are in the arid region of the Deccan plateau.

The four districts are about 400-550 km northwest of Bengaluru in the southern state.

Of the 13.42 tmcft water, 5.5 tmcft will be used in the river basin and for diversion into the depleted Malaprabha reservoir while the balance 7.92 tmcft will be utilized for hydel power generation instead of allowing the water to go into the Arabian Sea on the state's west coast through Goa.

Goa, which opposed Karnataka's demand for 36.66 tmcft, was allocated 24 tmcft, while Maharashtra got 1.3 tmcft.

The Tribunal assessed that 188.06 tmc feet water is available at 75 per cent dependability.

The three-member Tribunal is headed by Chairman Justice J.M. Panchal, Justice Viney Mittal and Justice P.S. Naayana.

The Union government had set up the inter-state Tribunal on November 16, 2010 for the djudication of the Mahadayi basin water allocation among the three riparian and contiguous states.

Goa and Maharashtra claimed 122.6 tmc feet and 6.35 tmc feet of the river water respectively.

The Tribunal, which commenced sittings on September 6, 2012, held 1,209 sittings for over 6 years.

Supreme Court senior counsel F.S. Nariman represented the state before the Tribunal to present its case.

The Tribunal's chairman and two members inspected the river basin area across the three coastal states from December 12-24, 2013.

The 77km-long Mahadayi or Mandovi river originates at Bhimgad in the Western Ghats in Belagavi district and flows into the neighbouring Goa through Maharashtra and joins the Arabian Sea off the west coast.

Though the river flows 29 km in Karnataka and 52 km in Goa, its catchment area is spread over 2,032 km in the southern state as against 1,580 km in the western state (Goa).

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.

We, the undersigned express our solidarity with Dr Zafarul Islam Khan, renowned scholar, journalist and presently Chairman of the Delhi Minorities Commission.

We strongly condemn the continued media trial and targeting of Dr Zafarul Islam Khan for his Facebook post thanking Kuwait for expressing solidarity with Indian Muslims. In his Facebook post, he mentioned the appalling deterioration of human rights of Indian Muslims who have been targeted by Hindutva bigots. A few politicians with ulterior motives and news channel anchors known for spreading bigotry and Islamophobia have mischievously sought to misinterpret his statement and ridiculously label him as anti-Hindu and anti-India.

He has only reiterated what many citizens of India, public figures, international institutions, various European governments, the United States of America and United Nations human rights mechanisms have repeatedly underlined their concern at the increasing human rights abuse and violations of religious minorities in India.

Dr Zafarul Islam Khan is a man of integrity. He is a scholar who is known to stand up for constitutional freedoms and values.

His work as the Chairman of Delhi Minorities Commission has been warmly applauded by human rights activists and NGOs across different faiths. His timely interventions on problems of minorities in Delhi have made him a respectable figure among not only Muslims but Sikh, Christians, Jains and Parsis. He is a humanist in the truest sense of the word.

The hateful propaganda against Dr Khan is one more illustration as how certain Indians fail to differentiate between Hinduism, a religion and Hindutva which is a supremacist political ideology.

Dr Zafarul Islam Khan is a leading Indian intellectual whose niche area is Islamic studies and Arab world. He enjoys great respect in the Arab and Muslim world for his understanding and knowledge. He is an alumni of the esteemed Jamia Al-Azhar and Manchester University.

Dr Khan is known for taking bold public positions. He was the first Muslim scholar in the world who denounced ISIL, which later became IS or ISIS. He issued a statement opposing the barbaric crimes of ISIL (IS or ISIS) and Boko Haram against minorities. He takes strong stands against extremism of all sorts. That makes him a prominent critic of RSS.

Dr Khan is a scholar ambassador and earned international prestige for the India. Any attack and targeting of him, is actually an insult to Indian constitution and ethos.

We demand the appropriate authorities of the Government of India take strong legal action against those who are distorting Dr Khan’s Facebook post, and spreading vicious false propaganda against him.

Signed by:

Swami Agnivesh

Mohammad Adeeb
Arun Kumar (Prof)

Zafar Jung

Kamal Faruqui

Annie Namala

Kavita Krishnan

Subhash Gatade

Jawed Naqvi

Indu Pratap Singh

Avinash Kumar

Iftikhar Gilani

Anil Chamadia

Xavier Dias

Denzil Fernandes (Dr)

Irfan Engineer

Faisal Khan

John Dayal (Dr)

Mujtaba Farooque

Ravi Nair

Abubakr Sabbaq (Adv)

Gopal Menon

Bilal Khan

Ashok Choudhury

Jaffer Latief Najar

Mujahid Nafis

Aseem Sundan

Poojan Sahil

Ankur Otto

Mariya Salim

Tanweer Alam

Juned Khan

E M Abdul Rahiman

Aditi Dutta

Devika Prasad

Ameeque Jamei

Suhaib Ansari

Gurminder Singh

A C Michael

Neelima Sharma

Aftab Alam (Dr)

Dhruva Narayan

Syed Saif Ur Rahman

Tanweer Fazal (Dr)

Thouseef Madikeri (Dr)

N.D. Jayaprakash

Salahuddin Ansari

Satyajeet Nambiar

Suhail KK

Abu Sufiyan

Sujata Madhok

Tariq Khan

Violin Mathew Benjamin

Shamsul Islam (Prof)

Sreedhar Ramamurthi

Mohd. Shahid (Prof)

Anand Vivek Taneja (Dr)

Kush Kumar Singh (Dr)

Mangla Verma

Vipul Kumar

Waquar Hasan

Braham Prakash

Abdul Rashid Agwan

Fawaz Shaheen

Guman Singh

Mohammed Hafeez Ulla

Kp Sasi

Mushfique Raza Khan

Partha S Banerjee

Gautam Majumdar

S.Q. Masood

Aiman J Khan

M. K. Faizy

Tasleem Rehmani (Dr)

Mohammed Shafi

Lenin Raghuvanshi (Dr)

Malik Motasim Khan

Kripal Singh Mandloi

Labeed Shafi

Qamar Intakhab

Raees Ahmed Siddiqui

Laeeq Ahmed Khan

Anthony Arulraj

Sadiq Zafar

Biju Gopidasan

George Pulikuthiyil

Mohd Abdullah

Mohd Sorab Hussain

Mukunda Kattel

Sandeep Pendse

Paul Newman

Ovais Sultan Khan