Terror suspicion: NIA gets 4-day custody of Najmul Huda, Afzal, 4 others

New Delhi: BJP leader Yogish Gowda, who was a member of the Dharwad Zilla Panchayath in Karnataka, was killed because of "political reasons", the CBI has alleged in its charge sheet filed against eight accused before a Dharwad court, officials said on Thursday.

Mr Gowda was killed on June 15, 2016 in front of a gym in Dharwad.

The charge sheet was filed before the Judicial Magistrate First Class Court in Dharwad against Santosh Savadatti, Dinesh M, Sunil KS, Harshith, Aswath S, Nazeer Ahamad, Shanawaz and Nutan K. All but one are in judicial custody.

"The accused allegedly came to Dharwad on two occasions in June 2016 and with the support of the other accused, allegedly planned the murder of Yogish Gowda. These accused fled after the crime," CBI spokesperson RK Gaur said.

The agency has alleged that the killing had "political reasons" behind it and was a result of political rivalry, the officials said.

The agency had taken over the case on September 24, 2019, nearly three years after the murder, on the request of the BJP government in Karnataka and a referral from the centre.

The case was earlier probed by the Karnataka Police which had charged six people for allegedly planning and executing the killing.

The CBI has arrested eight accused in the case of which seven are in judicial custody, they said.

"Further investigation into the role of the other accused and larger conspiracy in this case is continuing on a day-to-day basis," Mr Gaur said.

BJP leader murder caseYogish GowdaCentral Bureau of Investigation (CBI)

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

Udupi, June 10: Philanthropist and businessman Haji P K Abuswalih Kannangar passed away today at a private hospital in Mangaluru. He was 85. 

He was a resident of Pombathota house at Kannangar in Kaup taluk of Udupi district.

He was the proprietor of Green Store in Mudigere for past five decades and also was a coffee planter. 

He had served as the president of Muhayaddin Juma Masjid at Mudigere Hand-post in the past. He was also former president of Mudigere Taluk unit of Indian National Congress.