Dr Zakir Naik's speeches are highly objectionable, action will be taken: Govt

Bengaluru, Jul 29: The Karnataka High Court’s division bench of Chief Justice Abhay Oka and Justice H P Sandesh today rejected an application that wanted Amulya Leona’s case to be transferred from Karnataka Police to the National Investigation Agency (NIA).

The bench, while observing that extraordinary jurisdiction can’t be exercised for transferring the case to the NIA, asked “What is so special that investigation should be transferred to NIA?”

The court, in its previous hearing, had questioned the maintainability of the petition seeking transfer of the sedition case against Leona to the NIA.

According to the petitioner, advocate Pavana Chandra Shetty, the case is a serious matter against national integration and unity and has not been investigated properly by the police. The state police also failed to file the chargesheet within 90 days, he said, and also asked for cancellation of her bail.

The bench asked the petitioner as to how a bail, already granted to a person, can be cancelled. “Is it not the indefeasible right of the accused to be released on bail if chargesheet is not filed within stipulated time? How can you make a prayer for cancellation of bail?”  the Court asked.

The counsel for the petitioner also stated that in cases of a cognizable offence, when the chargesheet is purposely not filed within the stipulated time, the matter will have to transferred to the appropriate authority.

The court responded to his contention by asking him how could the court override law and cancel the bail. “Where is the question of cancellation of bail? Can we override the law and say that bail should be cancelled?” said the bench.

Advocate Vishal Raghu had filed the petition for transfer of Leona’s case, who was accused of raising pro-Pakistan slogans at an anti-CAA rally on February 20 at Freedom Park. The advocate had blamed the probe team for not filing a chargesheet on time and has asked the state government to approach the higher court against bail granted to Leona.

Bengaluru student Amulya Leona was charged with sedition for her actions in the presence of All India Majlis-e-Ittehad-ul-Muslimeen chief Asaduddin Owaisi. She was arrested by the Bengaluru police for allegedly shouting ‘Pakistan Zindabad’ slogans at an anti- CAA Protest in Bengaluru in February this year. On June 11, she was granted conditional bail by the Bengaluru civil court.

Her bail plea was earlier rejected by a Bengaluru court, after she had spent a three-month period in jail, stating that she may abscond if she is released. The sessions judge Vidhyadhar Shirahatti had also stated that if the petitioner is granted bail, she may abscond and may involve in similar offence which affects peace at large and hence her petition is liable to be rejected. The court had also noted that Amulya Leona is an influential person who may threaten and influence the witness and hamper the case in case of the prosecution and will abscond if released on bail.

Bengaluru, Aug 2: Within a year of returning to power for the fourth time as Chief Minister in Karnataka, septuagenarian B.S. Yediyurappa has consolidated his position in the ruling BJP to stay the course till the next Assembly elections in mid-2023.

"A combination of factors helped Yediyurappa to consolidate and stay the course for the remaining term of his office to ensure the saffron party retains power in the state though he is unlikely to stake claim for the chief minister's post again as he would be 80 years old by 2023," a party source told news agency here.

Since the 77-year-old seasoned politician assumed office on July 26, 2019, the first year has been tumultuous for him, as he had go through a "trial by fire" what with the party's mighty high command and detractors testing his patience in the face of natural calamities like drought, floods and the Covid pandemic.

The first 7-8 months of the term were spent in tackling drought and floods, winning 12 of the 15 by-elections in December to secure a majority for the ruling party in the lower house and expanding the cabinet in February.

Even as Yediyurappa was settling down to seriously govern after presenting the state budget for fiscal 2020-21 in early March, the coronavirus outbreak overwhelmed him, as the pandemic spread and wreaked havoc, disrupting life, livelihood, economic growth and development.

"While the emphatic victory in the by-elections ensured the government's stability till the assembly term up to mid-2023, the second cabinet expansion on February 6 posed a challenge to Yediyurappa, as he could induct only 10 of the 12 MLAs who defected from the Congress and the Janata Dal-Secular (JD-S) and won the by-elections, triggering a revolt in the party by the loyalists left out of the ministry," the source recalled.

Though Yeddiyurappa has been leading the battle against the virus from day 1 and initially succeeded in controlling it from spreading during the extended lockdown till May 31, reopening the state under Unlock since June has undone the gains, as positive cases shot up to 1,29,287 so far, including 73,219 in Bengaluru after 53,648 recovered from across the state till date, while 2,412 succumbed to the deadly disease since March 9.

"For a state of 7 crore population, the data reveals that the pandemic has been fought on war-footing to contain it from spreading in all the 30 districts, although there are no signs of it going away till a vaccine is found. The chief minister has been trying to balance unlocking the state and containing the infection," a member of the health task force told IANS.

With six cabinet posts in the 34-member ministry being vacant, filling them will be a daunting task for Yediyurappa, as at least 20 legislators, including 5-6 newly elected turncoats and party's veterans are lobbying to become ministers at any cost.

By appointing 20 party legislators as heads of state-run board and corporations, nominating 5 as members of the state legislative council, including JD-S defector A.H. Vishwanath in July and getting 2 Congress defectors R. Shankar and M.T.B. Nagaraj elected as MLCs in June with 2 others, Yediyurappa ensured that these lawmakers would not be in the reckoning for the 6 cabinet posts, as dozen MLAs are already pitching for them.

Nagaraj and Vishwanath lost in the December 5 by-elections, while Shankar was not given a ticket to contest in the by-poll but was assured of making him an MLC with another disgruntled member C.P. Yogeshwar, who lost in the 2018 May assembly polls to JD-S leader and former chief minister H.D. Kumaraswamy of the 14-month-old JD-S and Congress coalition government from May 23, 2018 to July 23, 2019.

Resignations of 17 rebels, including 14 from the Congress and 3 from the JD-S led to the fall of the coalition government, as Kumaraswamy lost the majority in the 225-member assembly on July 23, 2019 in their absence.

Though Yediyurappa led the party to win 105 seats in the 2018 assembly elections and formed a government on May 17, 2018, he resigned 3 days later on May 19, 2018, as he fell 8-9 seats short of the halfway mark (113) for a simple majority in the lower house.

In a post-poll alliance, the JD-S and the Congress formed the coalition government to keep the BJP out of power in May 2018, after the assembly elections gave split verdict and the Congress lost power then.

"The record victory of the ruling party in the May 2019 general elections, when 25 of its 27 contestants won out of 28 Lok Sabha seats from the state, reinforced the popular belief that Yediyurappa is the party's mascot in winning elections and an unquestionable leader of the politically dominant Lingayats in the state," the source pointed out.

When Yediyurappa left the BJP and floated a regional outfit (Karnataka Janata Party) in January 2013, he delivered a body blow to the BJP in the May 2013 state assembly polls, as the votes got split and was defeated by then Congress.

"Besides the party's high command, everyone in the party's state unit, including leaders and cadres are aware of Yediyurappa's popularity across the state, as has the wherewithal to connect with masses and win elections," the source added.