Secure Nithyananda, Centre tells Karnataka

Bengaluru, July 23: The High Court of Karnataka has directed the state government to formulate Standard Operating Procedure (SOP) for child protection, particularly for cases of child pornography and child missing.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed a detailed order and asked the state government to submit compliance within three months.

The division bench passed the order on two PILs, including a suo motu litigation registered in 2018. The PILs were registered to ensure effective implementation of the directions of the Supreme Court on the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

The bench observed that in normal courses, courts do not issue writ of mandamus to the legislature on rule-making aspects. However, when the failure of the state is demonstrated under exceptional circumstances, courts can issue directions. The bench directed the state government to expedite the rule-making process to ensure proper implementation of the JJ Act.

The bench expressed displeasure on the insensitive police investigation in cases of child pornography. “The police machinery did not show the sensitivity expected from it while dealing with cases of alleged child pornography. Therefore, it will be appropriate if the state issues SOP or guidelines for dealing with cases of child pornography so that proper investigation is carried out in such cases. As we are directing the formation of SOP for dealing with child pornography cases, the state is also directed to formulate guidelines on child missing cases,” the bench said.

The bench had been issuing several directions since 2018 and has also been monitoring police investigations. The court observed that while the state government has incorporated several directions, some issues still remain unaddressed.

The bench directed the government to have dedicated staff for the Directorate of Integrated Child Protection Scheme considering the sensitive nature of work.

On working of Juvenile Justice Boards (JJB), the court asked the Registrar General of the Karnataka High Court to issue directions to the principal magistrates of all the JJBs in the state to sit on all working days for a minimum of six hours a day. 

The high court directed the state to exercise the rule-making powers for obtaining an annual report from the State Commission for Protection of Child Rights.

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.

Bengaluru, Apr 21: Karnataka cabinet on Monday decided to continue the COVID-19 lockdown measures currently in force in the state till May 3 without any relaxation, Law and Parliamentary Affairs minister J C Madhuswamy said.

However, leaving a window open, it authorised chief minister B S Yediyurappa and the COVID-19 Task Force to meet in three or four days to review and take further decision about any relaxation, he told reporters.

"Today cabinet has decided it (the norms) will be extended up to May 3... there will be no relaxation and the situation that that exists as of today will continue," he said.

Pending the cabinet decision, chief secretary T M Vijay Bhaskar had on Sunday issued fresh orders directing the continuation of the stringent lockdown measures issued by the Ministry of Home Affairs till the midnight of April 21.

Meanwhile, five new coronavirus cases have been confirmed in Karnataka, taking the total number of infections in the state to 395, the Health department said on Monday.

"Five new positive cases have been reported from last evening to this noon... Till date 395 COVID-19 positive cases have been confirmed. This includes 16 deaths and 111 discharges," the department said in its mid-day situation update.

All the five fresh cases are from Kalaburagi and contacts of patients who have already tested positive.

Four of them are men of age 17, 13, 50 and 19, and one woman aged 30.