Setback to DK Shivakumar as HC refuses to stay ED summons

Agencies
August 29, 2019

Bengaluru, Aug 29: In a major setback to former minister and powerful leader of Karnataka Congress DK Shivakumar, the Karnataka High Court on Thursday refused to stay the summons issued by the Enforcement Directorate (ED) in the money laundering case. The Congress MLA from Kanakapura and a few others had filed a petition before the HC seeking cancellation of summons issued by the ED.

 The single judge bench comprising Justice Aravind Kumar dismissed the petition filed by DK Shivakumar and four others. Income Tax officials had raided the properties of DK Shivakumar in Bengaluru and New Delhi on 2 August 2017 and had seized unaccounted cash over Rs 8.59 Cr. The ED had issued summons to Shivakumar to appear for questioning in connection with the IT riads. Cases have been registered under Section 277 and 278 of the Income Tax act of 1961 and Sections 120(B), 193 and 199 of IPC against DK Shivakumar, Sachin Narayana, Sunil Kumar Sharma, Anjaneya Hanumanthaiah and Rajendra.

The ED officials had issued summons to Shivakumar in December 2018 on charges of money laundering after IT sleuths recovered unaccounted cash from a flat owned by Shivakumar in New Delhi. The High Court bench also expressed that it is for the agencies (IT or ED) to decide whether the offence is made out or not under the Prevention of Money Laundering (PML) Act while dismissing the petitions.

Following the judgement, DK Shivakumar reportedly rushed to his advocate’s office near High Grounds and consulted about the future course of action. Sources close to the former minister revealed DH that Shivakumar—often hailed as troubleshooter of state Congress is likely to appeal against the verdict in Supreme Court on Friday.

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News Network
February 24,2020

Lucknow, Feb 24: The Uttar Pradesh Sunni Central Waqf Board on Monday accepted the five acres of land provided for construction of the mosque in Ayodhya.

The Board also decided to form a trust to oversee the construction of the mosque.

The decision was taken in a meeting chaired by the Board's Chairman Zufar Faruqui.

Apart from this, the trust will also construct a charitable hospital, public library and a centre showcasing the heritage of Indo-Islamic civilisation which will also serve as a research and study centre for the same, according to a press release by the board.

The appointment of members to the trust will be announced following its creation, the release added.

The Supreme Court had on November 9 last year directed the Central government to hand over the disputed site at Ayodhya for the construction of a temple and set up a trust for the same.

The apex court had further directed the government to allocate an alternative five acres of land at a prominent location in Ayodhya for the construction of a mosque to the Sunni Waqf Board.

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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
May 17,2020

Bengaluru, May 17: Left to itself, Karnataka will look to spring back towards normalcy under Lockdown 4.0 as the state government is on standby to resume public transport services from May 18, if the Centre allows it. 

Though KSRTC and BMTC have been preparing for resumption of services, officials in the two corporations told DH that they cannot make a move till the government makes a decision.

Transport Commissioner N Shivakumar said the department will take a decision based on the state government's orders. "The government will take a call on buses as well as taxi and other transport services," he said.

Senior officials in the state government said Deputy Chief Minister and Transport Minister Laxman Savadi has written to Union Minister for Road Transport and Highways Nitin Gadkari seeking a nod for resumption of the services. 

Transport Secretary Gaurav Gupta has written a separate letter to his counterpart in the Union government requesting permission to operate public transport. "The state government wants the services to open. The official has listed out the steps the corporations will take to ensure social distancing other steps that will be taken to check spread of Coronavirus," a source said.

The B S Yediyurappa administration has been bullish on easing lockdown restrictions. 

If the Centre empowers the states to define Lockdown 4.0, Karnataka is likely to do away with the red-orange-green zoning of districts and allow public services to resume, except in COVID-19 containment zones. The government is also likely to redefine its containment strategy by micromanaging localities where COVID-19 cases are reported, without letting life in an entire district get affected. 

The government has already shown willingness to allow hotels and gyms to open after May 17 subject to social distancing norms and restrictions. In fact, the government has proposed to allow the resumption of all economic activities in standalone establishments. The government, however, is not keen on opening malls, theatres, diners and establishments that have centralized air conditioning. 

“Everything depends on the Centre,” Deputy Chief Minister CN Ashwath Narayan said. “Our only stand is that the red zone should be treated at par with the other zone when it comes to relaxation.” 

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