Padmapriya ‘suicide’: Setback for former Udupi MLA Raghupathi Bhat as SC sets aside HC order

News Network
September 18, 2017

Udupi, Sept 18: In a major setback to BJP leader and former Udupi MLA Raghupathi Bhat, the Supreme Court has set aside the 2014 order of the Karnataka High Court, which directed a trial court in Udupi to order further investigation against Athul Rao on charges of abetting Padmapriya, wife of Mr. Bhat, to commit suicide, adultery and enticing a married woman. Athul was a close friend of Padmapriya.

A Bench, comprising Justice Dipak Misra (as he then was) and Justice A.M. Khanwilkar, in its August 18, 2017 verdict, allowed Athul’s plea and set aside the High Court’s September 16, 2014 order.

Also, the Supreme Court directed the Udupi trial court to conclude within six months the trial of the case against Athul.

The police had filed charge sheet against Athul under Sections 417, 465, 468 and 471 of the Indian Penal Code accusing him of cheating and forgery in connection with his actions of procuring several official documents, including the rent agreement for a flat in New Delhi, where Padmapriya allegedly committed suicide on June 14/15, 2008.

The charges were based on fraudulent information and false representations made by Athul to show that Padmapriya was his lawfully wedded wife. Athul’s claim was that he had only helped Padmapriya, “on her request,” to come out of her marital house.

Not satisfied with the charge sheet filed by the police in August 2008 and the supplementary charge sheet in July 2009, Mr. Bhat had filed a private complaint against Athul before a magistrate court in Udupi making allegations under Sections 497 (adultery), 498 (enticing or taking away or detaining with criminal intent a married woman) and 306 (abetment to suicide). The magistrate court had ordered a separate investigation based on Mr. Bhat’s complaint.

However, Athul moved the High Court challenging the probe ordered on Mr. Bhat’s complaint.

And the High Court quashed the investigation ordered by the magistrate but allowed Mr. Bhat to file an application seeking further investigation before the trial court, where the police had already filed the charge sheet against Athul. The High Court had asked the trial court to consider Mr. Bhat’s plea “in accordance with the law.”

The trial court, after hearing Mr. Bhat’s application, on August 7, 2014 rejected his plea for further investigation while observing that “investigation officer had probed the case from all angles in the context of allegations in the complaint” besides making it clear that additional charges could be framed against Athul if any evidence is revealed during trial.

This made Mr. Bhat to move High Court against rejection of his plea for further probe. The High Court, in its September 16, 2014 order, allowed Mr. Bhat’s petition and directed the trial court to order further investigation.

But Athul moved the Supreme Court, which on February 2, 2015 stayed the High Court’s order related to further investigation.

In its final order, the apex court held that the High Court “committed manifest error in interfering with the discretionary order passed by the trial court, which had rightly, giving proper reasons, rejected Mr. Bhat’s plea for further investigation.

Comments

Kalandar Manna…
 - 
Tuesday, 19 Sep 2017

Raghupathi Bhatta has to be punished, The law should be same for all.

Danish
 - 
Monday, 18 Sep 2017

Mr. Raguphathi bhat is innocent and the rest god knows.

Truth
 - 
Monday, 18 Sep 2017

Yeddyruappa also claimed innocence for his wife's death

Unknown
 - 
Monday, 18 Sep 2017

Will never get justice

Suresh
 - 
Monday, 18 Sep 2017

Nothing new in this?  Dirty law of India

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News Network
April 3,2020

Mysuru/Chamarajanagara, Apr 3: In order to prevent the transmission of Novel Coronavirus though overcrowding, the central jails in Mysuru and Chamarajanagar have begun releasing some of their inmates.

As many as 55 undertrials and convicts were released from Mysuru jail since the last two days, while 18 were released from the prison in Chamarajanagar. The jail inmates had been released on interim bail, for a period of two months.

While the undertrials were facing charges that involved a maximum prison term of seven years, the convicts were facing criminal miscellaneous cases of the family court. Most of the convicts released were prisoners who had not paid the maintenance costs ordered by the family courts in divorce cases.

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Ram Puniyani
June 29,2020

In Minneapolis, US an African American, George Floyd lost his life as the white policeman, Derek Chauvin, caught hold of him and put his knee on his neck. This is a technique developed by Israel police. For nine long minutes the knee of the while policeman was on the neck of George, who kept shouting, I can’t breathe.

Following this gruesome murder America erupted with protests, ‘Black lives matter’. The protestors were not just African Americans but also a large section of whites. Within US one police Chief apologized for the act of this. In a touching gesture of apology the police force came on its knees. This had reverberations in different parts of the World.

The act was the outcome of the remnants of the racial hatred against blacks by the whites. It is the hatred and the perceptions which are the roots of such acts of violence. What was also touching that the state of democracy in US is so deep that even the police apologized, the nation, whites and blacks, stood up as a sensitive collective against this violence.

US is not the only country where the brutal acts of violence torment the marginalized sections of society. In India there is a list of dalits, minorities and adivasis who are regularly subjected to such acts. But the reaction is very different. We have witnessed the case of Tabrez Ansari, who was tied to the pole by the mob and beaten ruthlessly. When he was taken to police station, police took enough time to take him to hospital and Tabrez died.

Mohsin Sheikh, a Pune techie was murdered by Hindu Rashtra Sena mob, the day Modi came to power in 2014. Afrazul was killed by Shambhulal Regar, videotaped the act released on social media. Regar believed that Muslims are indulging in love Jihad, so deserve such a fate. Mohammad Akhlaq is one among many names who were mob lynched on the issue of beef cow. The list can fill pages after pages.

Recently a young dalit boy was shot dead for the crime of entering a temple. In Una four dalits were stripped above waste and beaten mercilessly. Commenting on this act the Union Minister Ramvilas Paswan commented that it is a minor incident. Again the list of atrocities against dalits is long enough. The question is what Paswan is saying is the typical response to such gruesome murders and tortures. In US loss of one black life, created the democratic and humane response. In India there is a general silence in response to these atrocities. Some times after a good lapse of time, the Prime Minister will utter, ‘Mother Bharati has lost a son’. Most of the time victim is blamed. Some social groups raise their voice in some fora but by and large the deafening silence from the country is the norm.

India is regarded as the largest democracy. Democracy is the rule of law, and the ground on which the injustices are opposed. In America though the present President is insensitive person, but its institutions and processes of democratic articulations are strong. The institutions have deepened their roots and though prejudices may be guiding the actions of some of the officers like the killer of George, there are also police officers who can tell their President to shut up if he has nothing meaningful to say on the issue. The prejudices against Blacks may be prevalent and deep in character, still there are large average sections of society, who on the principles of ‘Black lives matter’. There are large sections of vocal population who can protest the violation of basic norms of democracy and humanism.

In India by contrast there are multiple reasons as to why the lives of Tabrez Ansari, Mohammad Akhlaq, Una dalit victims and their likes don’t matter. Though we claim that we are a democracy, insensitivity to injustices is on the rise. The strong propaganda against the people from margins has become so vicious during last few decades that any violence against them has become sort of a new normal. The large populace, though disturbed by such brutalities, is also fed the strong dose of biases against the victims. The communal forces have a great command over effective section of media and large section of social media, which generates Hate against these disadvantaged groups, thereby the response is muted, if at all.

As such also the process of deepening of our democracy has been weak. Democracy is a dynamic process; it’s not a fixed entity. Decades ago workers and dalits could protest for their rights. Now even if peasants make strong protests, dominant media presents it as blocking of traffic! How the roots of democracy are eroded and are visible in the form where the criticism of the ruling dispensation is labelled as anti National..

Our institutions have been eroded over a period of time, and these institutions coming to the rescue of the marginalized sections have been now become unthinkable. The outreach of communal, divisive ideology, the ideology which looks down on minorities, dalits and Adivasis has risen by leaps and bounds.

The democracy in India is gradually being turned in to a hollow shell, the rule of law being converted in to rule of an ideology, which does not have faith in Indian Constitution, which looks down upon pluralism and diversity of this country, which is more concerned for the privileges of the upper caste, rich and affluent. The crux of the matter is the weak nature of democracy, which was on way to become strong, but from decades of 1980s, as emotive issues took over, the strength of democracy started dwindling, and that’s when the murders of the types of George Floyd, become passé. One does complement the deeper roots of American democracy and its ability to protect the democratic institutions, which is not the case in India, where protests of the type, which were witnessed after George Floyd’s murder may be unthinkable, at least in the present times. 

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News Network
July 28,2020

Bengaluru, Jul 28: After the Central Board of Secondary Education (CBSE) reduced the syllabi for Classes 9 to 12 due to COVID-19 pandemic, the Karnataka government has followed the suit. The Department of Public Instruction has omitted the chapters on legendary south Indian rulers Hyder Ali and Tipu Sultan from the textbooks of Class 7 in their attempt to reduce syllabus for state board schools by 30 per cent. 

The department, however, has decided to retain similar chapters on Tipu Sultan in 6th and 10th Classes, though the syllabus in text books for all classes from 1 to 10th has been trimmed. 

The trimmed textbooks uploaded on the website of the Department of State Education Research and Training (DSERT) by Karnataka state Textbook Society revealed removal of chapters on Tipu Sultan for the seventh grade.

Justifying the decision, officials said, "students study similar chapters in Class 6 and more in the 10th grade." Yet another senior official from the Text Book Society said, "Trimming does not mean we have removed half of the syllabus from textbooks. It is only keeping in mind the repetition we have condensed the chapters. In case students study about a particular dynasty in higher grades, then the same had been removed from lower grades."

A few months ago, there was an uproar over dropping of content on Tipu Sultan and MLAs from the ruling BJP also demanded the same and petitioned to the Chief Minister. Even an expert committee led by Prof Baraguru Ramachandrappa suggested to not drop any content on the historic figure. However, the department still decided to drop lessons from one of the classes while keeping the syllabus short for the next 120 active academic days.

Earlier this month, a controversy had erupted over the CBSE's decision to omit topics like federalism, secularism, citizenship, etc while reducing the syllabus for Classes 9 to 12. The education board had issued a detailed clarification later, stating that topics claimed to be dropped "are either being covered by the rationalised syllabus or in the Alternative Academic Calendar of NCERT".

"The rationalisation of syllabus up to 30 per cent has been undertaken by the Board for nearly 190 subjects of class 9 to 12 for the academic session 2020-21 as a one-time measure only. The objective is to reduce the exam stress of students due to the prevailing health emergency situation and prevent learning gaps," it said.

Last week, the Congress in Uttar Pradesh expressed its concern over 'deliberate and systematic' deletions of chapters related to the freedom struggle and the party's role in it from the Class 10-12 syllabi of the Secondary Education Board.

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