Congress' Pramod Madhwaraj to contest Udupi-Chikkamagaluru on JD(S) ticket

Elections 2019

Pramod Madhwaraj will now face off against incumbent MP Shobha Karandlaje of the BJP from Udupi-Chikkamagaluru.

Prajwal Bhat

Whether it is an example of coalition politics or a compromise made due to it, Congress leader Pramod Madhwaraj will contest as the coalition's candidate from the Udupi-Chikkamagaluru constituency on a JD(S) ticket. Pramod, who is also a former minister, confirmed the development after weeks of speculation over the fate of the coalition's candidate from the constituency. "I am the Congress-JD(S) joint coalition candidate contesting on a JD(S) symbol," he told TNM. This means that Pramod will now face off against incumbent MP Shobha Karandlaje of the BJP from Udupi-Chikkamagaluru. The Udupi-Chikkamagaluru constituency was formed out of the Udupi and Chikkamagaluru Lok Sabha constituencies during the delimitation in 2008. It includes eight of the 10 assembly constituencies in the two neighboring districts of Udupi and Chikkamagaluru. Udupi is a coastal district while parts of Chikkamagaluru district comprise of the Western Ghats mountain range. Apart from varying topography, there are also differences in trade, culture and issues affecting people in the two districts. The Congress has a history of representing and winning elections in both the erstwhile Udupi and Chikkamagaluru constituencies. Former Prime Minister Indira Gandhi had contested from Chikkamagaluru in the 1978 bye-polls. But when the Congress and the JD(S) sealed their pre-poll alliance on March 13 by confirming that the Udupi-Chikkamagaluru constituency will have a contestant from the JD(S), it sparked uproar among Congress leaders from the two adjoining districts. The Udupi and Chikkamagaluru district units of the party wrote to the Karnataka Pradesh Congress Committee (KPCC), the All-India Congress Committee General Secretary KC Venugopal, former Chief Minister Siddaramaiah and JD(S) supremo HD Deve Gowda asking for the decision to be revoked and allow a Congress leader to contest from Udupi. After a week of frantic conversations between Chief Minister HD Kumaraswamy and the JD(S) leaders in Udupi-Chikkamagaluru, the party decided to approach Pramod to contest on a JD(S) ticket overlooking its own party leaders like MLC Bhoje Gowda. But the decision to give the seat to the JD(S) has come as a surprise to many Congress workers in Udupi since the JD(S) has very little presence in the coastal district. MA Gafoor, a Congress leader from Udupi, says, "We did not expect this decision. We have grassroots level organisations and a significant presence in the Gram Panchayats, Zilla Panchayats, Municipalities. There is also a history of the Congress party being involved in people's movements whether it is in favour of the fishermen community, farmer community, youth, women, areca nut farmers of Chikkamagaluru, the people campaigning for a railway network and so on. The people have expressed their faith in the Congress in this region.” Gafoor's words are echoed by the party's Chikkamagaluru district unit president DL Vijaykumar. "It should be a Congress candidate contesting from our constituency. But we will fight in spite of the situation. We have to, don't we?" 2014 Lok Sabha Election Udupi-Chikkamagaluru Constituency Result Name Party Votes Shobha Karandlaje BJP 581168 K Jayaprakash Hegde INC 399525 V. Dhananjaya Kumar JD(S) 14895 'Congress will suffer in the long run' Meanwhile a Congress leader who did not wish to be named stated that the decision would damage the party in Udupi and Chikkamagaluru for a long time. "When a Congress leader fights on a JD(S) symbol, Congress will be divided over this. JD(S) will benefit from the work of our workers and will also get a lot of votes in this constituency," the leader adds. He further added that there was no presence of JD(S) in local bodies in Udupi and its presence was limited to two Legislative Council members from Chikkamagaluru - Bhojegowda and his brother Dharmegowda. Pramod is expected to be confirmed as the JD(S) candidate from Udupi-Chikkamagaluru and the two parties will launch a joint campaign to wrest the seat away from Shobha. "We can adjust with JD(S) and fight this election. It is the Congress party that has to work for the win in Udupi while the JD(S) and Congress will combine in Chikkamagaluru. It will be tougher for sure but it could still end in a win," says Vijaykumar.  

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Drivers left in the lurch after Ola license suspended in Bengaluru for 6 months

Transportation

The Karnataka government’s decision to suspend Ola in Bengaluru due to its illegal bike taxi service has left its cab drivers in a fix.

Prajwal Bhat

A day after it came to light that cab aggregator Ola will be suspended from operating in Bengaluru for six months, cab drivers in the city have opposed the decision. Speaking to The News Minute, Syed Noussef, a driver from Hoskote operating in Bengaluru, said that he does not know what to do to earn a livelihood for the next six months. "I have been driving with Ola for the last four years. Suddenly, the government decides to ban the company. Drivers like me are affected by this decision. Where will I take my vehicle in the next six months? How am I supposed to maintain a home with two children and parents if I cannot take my car out?" he questions.  Syed adds that the state government should provide alternative jobs for drivers affected by the suspension. "If we are not provided with jobs, we may take to the streets over this issue,” he says.  Syed's words are echoed by Murali, another cab driver who hails from Bengaluru and has been with Ola for two years. "It will be difficult if the ban is there for six months. We have put our faith in this livelihood. Today, the government is saying Ola and then if they say Uber, where will we turn?" he asks. According to reports, there are an estimated 65,000 Ola cab drivers operating in Bengaluru. The RTO suspended Ola after the cab aggregator operated bike taxis that are illegal as per the Karnataka on Demand Transportation Technology Aggregators Rules 2016. Bike taxis are also strongly opposed by the Ola TaxiForSure and Uber Drivers’ Association who fear of loss of business. The suspension notice, which was sent to Ola on Friday, states that it cannot run its aggregator service for any vehicles including cars, autos and bikes in the city for the next six months. Calling the suspension order “unfortunate”, Ola had said in a statement that it was proactively working with the authorities to come up with an amicable solution. “We are evaluating all options to find an amicable solution wherein hundreds of thousands of driver-partners in the state of Karnataka can continue to work and serve the mobility needs of our citizens,” the company said. “Despite other companies continuing to operate illegally, Ola halted our bike taxi experiment weeks ago, instead of seeking the state’s cooperation to develop a legal framework for a pilot that will continue to take advantage of emerging opportunities in the mobility economy,” Ola had added. It is unclear yet if Ola will go to court over the suspension.

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HD Deve Gowda to contest Lok Sabha polls from Tumakuru in Karnataka

Politics

The JD(S) supremo was weighing between Bengaluru North and Tumakuru in the run-up to the 2019 elections.

Prajwal Bhat

Former Prime Minister HD Deve Gowda will contest the 2019 Lok Sabha elections from the Tumakuru constituency. He will file his nomination papers on Monday between 2 and 3 pm, with JD(S) and Congress leaders joining him for the occasion. The decision to contest from Tumakuru ends weeks of speculation about the JD(S) supremo's candidature in the elections. He was reportedly undecided between contesting from Bengaluru North constituency and Tumakuru constituency after relinquishing the Hassan constituency to his grandson Prajwal Revanna. Deve Gowda had won three elections in a row from Hassan and had earlier won from the same constituency in 1991 and 1998. He had lost from the constituency in 1999. The 86-year-old political veteran even mulled over whether he should contest in the upcoming Lok Sabha elections at all. Deve Gowda also wanted to contest from Mysuru-Kodagu, but former Chief Minister Siddaramaiah quashed that plan as he refused to let go of the constituency and the JD(S) party was not offered the ticket from Mysuru. Another grandson Nikhil Kumaraswamy is contesting from the Mandya, another constituency Deve Gowda had considered. Finally, the former prime minister was left to choose between Tumakuru and Bengaluru North segments. A JD(S) source previously told TNM, “He has a slightly higher chance of winning in Tumakuru. This would be the best option for him now. If he takes away Mandya or Hassan, then there would be a huge family feud and his own family members will go out of their way to sabotage his chances,” This time around, the JD(S) supremo has decided to contest from Tumakuru constituency after weighing his options. The JD(S), as per its seat-sharing agreement with the Congress in the state, is contesting from eight Lok Sabha seats.  

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Siddaramaiah's former media advisor booked for controversial speech in Udupi

Elections 2019

Dinesh Amin Mattu served as the media advisor to former Karnataka Chief Minister Siddaramaiah until 2018.

Harsha Raj Gatty

via Facebook: Coastal Mirror

Dinesh Amin Mattu, former media advisor of previous Karnataka Chief Minister Siddaramaiah, is among the five people booked for violating the Model Code of Conduct. The case was registered by the Flying Squad team from the Udupi-Chikkamagaluru constituency for allegedly trying to stir religious sentiments and influence voters during a speech.  The case was booked against Dinesh Amin Mattu as well as social activists Mahendra Kumar, GN Nagaraj and Indudhar Honnapur for violating the Model Code of Conduct. A case has also been booked against Congress leader and Sahabalve president Amrith Shenoy for organising the ‘Sarvajanothsava’ convention, on ‘communal harmony’ at the Royal Garden Grounds near Kalsanka in Udupi on March 17. During the interaction, which was broadcast live on Facebook as well, Dinesh claimed that there is politics within the Udupi Krishna Mutt. He asked the Pejawar seer Vishwesha Theertha to define a Hindu.  “Don’t say you are for Hindus and cheat religion,” he said. He also said that the development work by the Congress is not the reason for its failure but the "wrong perception" that Congress always supports Muslims. “If Congress is pro Muslims, then tell us you are pro whom,” Mattu questioned the seer. "The RSS is aiming to form a Hindu nation...This organisation is anti-Constitution... We are not against Hindu religion," he said.  He further added that the coastal region's communal harmony is being affected. "No Hindu girl has given a complaint against a Muslim boy. What wrong have the Muslims of the coastal region done to Hindus? RSS will not answer these questions... Let them remove their mask and directly contest the elections...JD(S) leader HD Devegowda and HD Kumaraswamy are real Hindus as they believe and worship all gods. But why are people opposing them?" he asked.  Meanwhile, as per local media reports, Mahendra Kumar in his speech pointed out that the RSS has been more anti-Dalit than anti-Muslim. He also reportedly said, “People from backward classes are used as pawns by the Sangh Parivar. RSS provokes the youth from poor and backward communities to trigger unrest.” The speeches attracted controversy in Udupi and a case was booked against Dinesh and four others for the remarks. Dinesh served as the media advisor to former Chief Minister Siddaramaiah until 2018.   Speaking to TNM after he received the notice, Dinesh denied allegations of violating the election code of conduct: “I have clearly said I will not speak on politics. I tried to clarify certain points using religion, especially Hindu religion. I challenged the RSS and even the Pejawar Mutt seer to define ‘Hindu’. When there are leaders who belong to different parties but who also belong to the Hindu religion, why is support extended to one particular party candidate using the ‘Hindu’ religion tag? Isn’t it anti-religion? This is the only thing I questioned. If you want to book election code of conduct violation, there are plenty (of such instances). Book cases against Ananth Kumar Hegde and Chakravarthi Sulibele and many others who are violating the code on a daily basis." Dinesh's words were echoed by event organiser Amrith Shenoy who claimed that he had obtained permission to conduct the event and that there was no violation of the MCC.  “One thing I want to make clear is no person has vouched for any particular party. No person has asked not to vote for any political party. The speakers spoke only on thinking twice before voting and also voting for those who support peace and harmony,” he said. But in the complaint filed by KV Nagaraj, officer of the Flying Squad Team, the speakers at the event violated the MCC, tried to stir religious sentiments and influence voters by provoking them to think before voting. The cases have been registered at the Udupi Town police station under sections 153A, 295A and 125. The investigation is underway. Story by Story Infinity (Subs and Scribes Media Ventures LLP.)

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Is 'Yeddyurappa diary' admissible in court? Experts turn to 1991 Jain hawala case

Controversy

Legal experts use the three-decade-old case to discuss the Indian Evidence Act and how it pertains to the former Karnataka Chief Minister purported diary entries.

IANS

The diary purportedly involving former Karnataka Chief Minister BS Yeddyurappa, which disclosed alleged payouts in 2009, have once again raised the question: Can entries in diaries be treated as admissible evidence? Legal experts tend to allude to the three-decade-old Jain hawala case for clarity. Experts say that if entries in books of account maintained through the course of business are relevant, then it can be treated as evidence. "But it will depend on the investigation whether the entries are supported by independent evidence," says senior advocate Siddharth Luthra. Senior Advocate Vikas Pahwa said that there is no evidentiary value of a personal diary containing random entries and accounts. "In the Jain hawala case, the legal position regarding diaries clarified that entries in diaries are not books of account. The entries in diaries have to be supported by independent evidence," said Advocate Luthra. Under Section 34 of the the Indian Evidence Act, entries in books of account, regularly kept in the course of business, are relevant whenever they refer to a matter into which the court has to inquire. But such statements are alone not sufficient evidence to charge any person with liability. Senior Advocate N Hariharan told IANS that it will depend on the investigating agencies whether entries in diaries have enough material to corroborate them with other relevant pieces of evidence. "The entries in diaries are not admissible in evidence in terms of Section 34 of the Indian Evidence Act, as the same are not books of accounts kept in regular course of business," advocate Pahwa told IANS. He said Supreme Court in various cases has interpreted that diaries and loose-sheets containing entries are inadmissible as evidence. "The law requires that these entries, if relied upon, need corroboration. It is also required to be independently established by way of cogent evidence that the alleged entries are real and that the monies were actually paid in terms of those entries. Having said that, every case needs to be independently dealt with and requires investigation," Pahwa told IANS. However, one of the prosecutors told IANS that the Supreme Court judgement delivered in Jain Hawala case against prominent politicians LK Advani and VC Shukla ruled that the diaries presented by the prosecution were admissible as evidence under Section 34 of the Indian Evidence Act, 1872. The apex court in its judgment delivered on March 2, 1998 discharged Advani and Shukla observing that no prima facie case has been made out against them and that there is no evidence against them except the diaries, notebooks and the loose sheet with regard to the alleged payments. The judgement was delivered by a three-member Bench of the apex court that time, comprising then Justices MK Mukherjee, SP Kurdukar and KT Thomas, who had also held that the evidence such as diaries is of a nature that cannot be converted into legal evidence against them. The apex court was hearing the CBI appeal challenging a Delhi High Court's order which had acquitted Advani and Shukla in the case. Both prosecution and defence counsel placed emphasis on the interpretation of the diaries as admissible evidence. According to Central Bureau of Investigation (CBI), the material collected during investigation clearly disclosed that the Jains were in the habit of making payments to influential public servants and political leaders of high status expecting official favours from them. They have also made payments to Shukla and Advani with that oblique motive. As against Advani, the specific allegation was that he received a sum of Rs 25 lakh from the Jains during his tenure as a member of Parliament, while Shukla, a former cabinet minister, received approximately Rs 39 lakh from them. The CBI had alleged that between 1988 and 1991, the Jains entered into a criminal conspiracy among themselves, the object of which was to receive unaccounted money and disburse it to their companies, friends, close relatives and other persons including public servants and political leaders of India. During that period, the Jain brothers received Rs 59,12,11,685, a major portion of which came from foreign countries through hawala channels as kickbacks. An account of receipts and disbursements of the monies was maintained by one JK Jain in the diaries. The top court had observed that the two spiral notebooks and the two spiral pads are "books" within the meaning of Section 34, but not the loose sheets of papers contained in the two files. The court also took it into account whether the "books" fulfil the other requirements of Section 34 so as to be admissible in evidence. Altaf Ahmed, then Additional Solicitor General, appearing for the CBI, submitted that the interpretation of the High Court that the expressions "books of account" and "business" appearing in the above section refer and relate to only such business as may exist between two persons is anomalous. Such a truncated view would disable the law from dealing with illicit business and situations, where a conspiracy was hatched to receive money through hawala channels and other sources, such as the case at hand, he submitted. According to Altaf Ahmed, any book in which monetary transactions are recorded and reckoned would answer the description of 'book of account' within the meaning of the Section 34 of Evidence Act. Defence counsel Kapil Sibal disputed the admissibility of those books in evidence on the grounds that they were neither books of account nor were they regularly kept in the course of business. Sibal had argued that those books were memoranda kept by a person for his own benefit. Sibal had argued that "account" meant a formal statement of money transactions between parties arising out of a contractual or a fiduciary relationship. Sibal had also submitted that the entries were not contemporaneously made, and, on the contrary, they were made monthly which necessarily meant that those entries were made long after the dates the purported transactions of receipt and disbursement took place. According to Altaf Ahmed, the entries reflect such periodicity and regularity as was compatible with the modus operandi of the business of the Jain brothers of corrupting public servant including members of Parliament and ministers in order to influence their decisions and seek their favours for promotion of Jain brothers' economic interests. Countering Ahmed, Sibal had submitted that the evidence that had been collected during investigation only shows that the entries were made by JK Jain and that the Jain brothers had put certain signatures against some of those entries. He also responded that there was no proof, even prima facie, against any of the accused. Advani's counsel Ram Jethmalani had argued that independent evidence was required to prove the charges and in absence of any such evidence, no liability can be foisted under Section 34 of the Evidence Act. The top court has held that the prosecution has not been able to made out a prima facie case to prove that Advani and Shukla were parties to such conspiracies and said: "...the charges of conspiracy, as framed/sought to be framed, cannot stand also against the Jains, for the simple reason that in a conspiracy, there must be two parties. "Resultantly, the statements cannot be proved as admission of Jains of such conspiracy. We hasten to add that the case the prosecution intended to project now was not that there was a conspiracy amongst the Jains to offer illegal gratification to Advani and Shukla and that pursuant thereto the latter accepted the same," said the top court's order delivered on March 2, 1998. Read also: Explainer: The alleged Rs 1800 crore payments by BS Yeddyurappa to top BJP leaders 

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Dharwad building collapse: 4 more persons rescued, death toll stands at 14

Accident

Speaking to TNM, Hubli-Dharwad Commissioner of Police, MN Nagaraju confirmed that four more were rescued, while the retrieval of two bodies on Friday took the death toll to 14.

TNM Staff

As of Saturday morning, four more people have been rescued from the debris in the building collapse which took place in Dharwad. Speaking to TNM, Hubli-Dharwad Commissioner of Police MN Nagaraju confirmed that another four persons were rescued. The four rescued on Friday have been identified as 24-year-old Sangamesh Ramanagouda, a native of Belagavi; 40-year-old Dileep Kokare and his wife 35-year-old Sangeetha Kokare; and 45-year-old labourer Honamma from Bellary. Meanwhile, the retrieval of two more bodies took the death toll to 14. The deceased have been identified as 68-year-old Subbanna Neeralakatti and Anup Kudtarkar, who was the son of the owner of the cyber cafe which crumbled under the impact. Both hailed from Dharwad. “We are not sure how many people are still trapped underneath, and are working round the clock towards rescue efforts. Around 56 to 60 people have been rescued so far,” the Police Commissioner said. According to police, one of the owners of the building, Gangappa Shintri, the father-in-law of former Dharwad Congress MLA Vinay Kulkarni, had invested money to construct a commercial complex in the area. Vivek Pawar, the architect and the owners of the building, Ravi Basavaraj Sabarad, Basavaraj D Nigadi, Gangappa S Shintri and Mahabaleshwar Puradagudi, surrendered to the police late on Thursday night. They have been booked under sections 304 (culpable homicide not amounting to murder), 337 (Causing hurt by act endangering life or personal safety of others) and 338 (Causing grievous hurt by act endangering life) of the IPC. Police officials earlier confirmed to TNM that the accused have sought anticipatory bail. Chief Minister HD Kumaraswamy had reacted to the situation and stated that strict action would be taken if the accident was deemed to have occurred due to negligence or foul play on the part of any official. Read: Death toll in Dharwad building collapse rises to 14: Cops arrest owners, architect

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Ahead of polls, Rs 3.9 crore cash, 1,841 litres of liquor seized in Karnataka

Lok Sabha 2019

Polling will be held for 28 Lok Sabha constituencies across the state in two phases on April 18 and April 23.

IANS

Representational image

Officials in Karnataka seized Rs 3.9 crore in cash, 1,841 litres of liquor valued at Rs 23 lakh and 119 kg drugs valued at Rs 4.85 lakh during raids on political parties, their candidates and cadres ahead of the general election in April, said the state chief electoral officer (CEO) on Friday. "The raids across the state are being conducted by 1,512 flying squads, 1,837 state surveillance teams, 320 excise teams and 180 commercial tax officials on election duty," said the CEO in a statement. Polling will be held for 28 Lok Sabha constituencies across the state in two phases on April 18 and April 23. Vote count is on May 23. "The Income-Tax department sleuths have separately seized Rs 1.68 crore in cash, while the police booked 150 first information reports (FIRs) against the violators of the Model Code of Conduct (MCC) that came into force on March 10 when the elections in the country were announced," said the statement. The state excise department had cumulatively seized 4,10,353 litres of liquor valued at Rs 17.9 crore, booked 998 heinous cases, 943 cases for breach of licence conditions during the last fortnight. The officials also intercepted and seized 479 vehicles of different models that were being used against the MCC by the stakeholders. Earlier on March 14, unaccounted cash amounting to Rs 30 lakh and vehicles and valuables worth Rs 63 lakh were seized by poll officials.  Valuables including silver and vehicles were also seized in the southern state since March 10, when the model code of conduct came into force with the announcement of the Lok Sabha election schedule.

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