Cops breathe a sigh of relief as HC quashes CBI probe into Naushad Kashimji murder

[email protected] (CD Network)
September 14, 2012

kashimji

Mangalore, September 14: In a major relief to four policemen, including city crime branch police inspector HN Venkatesh Prasanna, a single bench of the Karnataka high court on Thursday dismissed a demand for CBI probe against them for their alleged role in the murder of human rights advocate Naushad Kashimji.

 

Naushad, who was shot dead outside his apartment in Mangalore on Apr 9, 2009, was allegedly warned by four police officers as he was appearing in court defending the alleged aide of Chota Shakeel, Rasheed Malbari.

 

Naushad's senior, Purushottam Pujary, had lodged a complaint with Pandeshwar police station accusing the hand of four police officers in the killing of Naushad the same evening after he was allegedly warned by the officers on April 9, 2010.

 

When the probe did not make a headway, Nusrath Jahan, wife of the slain advocate had moved the High Court demanding that CBI probe the role of DySP Jayanth Shetty, police inspectors Prasanna, Valentine D'Souza and then PSI Shivaprakash in the death of her husband. A single division bench headed by AS Bopanna in his order found that there was no merit in an earlier order of Justice Mohan Shantanagoudar directing that the CBI probe the role of the police officials.

 

Following Justice Shantanagoudar's order, the state government filed an appeal before the division bench of the high court, which dismissed a suo motu petition filed against the four police officials which accused them of killing a lawyer in an encounter.

 

The PIL was filed after SICHREM members wrote to then chief justice seeking his intervention after Purushottam Poojari, senior of Khasimji, gave a complaint that he suspected foul play behind his junior's murder.

 

The chief justice directed the court to look into the matter. At first the case was treated as habeas corpus, and later taken as PIL. Following this, there was a demand for CBI probe alleging it was an encounter by police as Khasimji was active in filing PILs against them.

 

The Majlis-e-Islah-o-Tanzeem, an NGO representing Bhatkal Muslims, held a rally and submitted a memorandum to state human rights commission demanding a CBI probe.

 

A division bench headed by chief justice Vikramjit Sen and BV Nagarathna observed that the order of Justice Shantanagoudar was not in detail and also not a case in rarest of rare category to be referred to CBI. The case was then referred to single division bench headed by Justice Bopanna.

 

It may be recalled that the police had arrested six persons in connection with the murder of advocate within 15 days of the incident. They were Dinesh (24), a resident of Belthangady; Rithesh (20), a resident of Kodikal; Prathap (26), a resident of Kavoor; Ganesh (28) of Kodikal; Subrahmanya (24) of Kadri and Shivaprakash (30) of Urwa Store. The police had also seized three 9 mm pistols, 8 rounds of ammunition, Rs 3,53,060 in cash, three mobile phones, Maruthi 800 car and 4 pistol-magazines.

 

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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
February 3,2020

Feb 3: The Karnataka government is probably the only state to have so many nodal agencies to deal with investment proposals. There is the KIADB, Karnataka Udyoga Mitra, State High Level Clearance Committee (SHLCC), State Level Single Window Clearance Committee (SLSWCC) and District Level Single Window Clearance Committee.

While the government claims these have been created to speed up the process of setting up industries, they’re only delaying it. “A four-to-five year delay in acquiring land has become the norm,’’ say industry sources.

“These entities are only adding layers of obstacles to investors and is not really helping industries,” said a senior IAS officer.

While DLSWCCs are headed by deputy commissioners are empowered to clear investment proposals up to Rs 15 crore, SLSWCC, headed by the industries minister, clears proposals more than Rs 15 crore and up to Rs 500 crore. Proposals worth more than Rs 500 crore have to be cleared by SHLCC chaired by the CM. These entities have to meet regularly and clear proposals. But often, these meetings don’t happen as scheduled. “The delay starts from here,” said Vasant Ladava, industrialist and member of Karnataka Industries and Commerce, Bengaluru.

The single-window agencies involving representatives of departments like industries, revenue, pollution control board and forest are supposed to collectively give necessary clearances required for industries. “But, of late, they have become only project approvers without other responsibilities, leaving investors in the lurch,” said Ladava.

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News Network
April 1,2020

Bengaluru, Apr 1: The state government has identified five districts, including Dakshina Kannada, as 'cluster zones' or 'Red zones,' to prevent the spread of Novel Coronavirus.

The other four districts include Mysuru, Uttara Kannada, Bengaluru and Chikkaballapur.

Mangaluru has been under strict lockdown, as it is close to Kasargod in Kerala, which reported many positive cases and is also one of the 'hotspots' in the National Centre for Disease Control (NCDC) list.

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