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Wednesday, May 8, 2019

Kodagu Dist Commissioner cancels govt officials leave for 3 months during monsoon

Landslide
The decision is among several steps taken by the district administration in the aftermath of the floods and landslides in Kodagu last year.
The Kodagu district administration is putting certain measures in place to prepare for the imminent monsoon season and prevent any disasters like the 2018 landslides. Among them is Kodagu Deputy Commissioner’s latest notification, stating that leave for all district-government officials between June 1 and August 31 have been cancelled. In her direction, Kodagu DC Annies Kanmani Joy has stated that the local government officers must prepare and equip their respective department with all relief and precautionary measures during the monsoon. "The monsoon can step-in at any time, subsequently the officials cannot avail leave from June 1 to August 31. The officials can move out of the district, only after obtaining prior permission" she said. Speaking at the meet at Town Hall at Madikeri on Tuesday, the DC added that Nodal officers and District Level Committees must swiftly coordinate to respond to emergency situations immediately. Besides the district police, officials from the Health and Family Welfare Department, Food and Civil Supplies, Education, Agriculture, Urban Development, Wildlife, Tourism, Land Revenue and Fire Department were present at the meeting. “In case of emergency, attention must be given to provide swift relief and rescue service to children and women,” DC Kanmani said. The DC also directed nodal officers to visit 32 village panchayats that are deemed vulnerable to environmental hazards, assess the situation and submit the report within a week. In 2018, the instantaneous rain in the district had caused heavy floods and landslides in the district, which is known for its coffee and tourist attraction. The natural calamity had claimed the lives of over 20 people, besides creating massive damage to crops, plantation and properties. Besides the preparedness for setting up relief camps and makeshift medical centres, the DC told the panchayat officials to establish a liaison with transporters and earthmovers for shifting residents or clearing debris in case of emergency. The District Administration has already constituted a Task Force Committee, comprising Deputy Conservator of Forest (DCF) and Public Works Department, to coordinate with rescue and relief on high priority. Authorities are taking measures to ensure that there is no repeat of the disaster that occurred last year. Kodagu was ravaged by floods and landslides last year after it received over 200 mm of rainfall on three consecutive days in August 2018. The rainfall was the heaviest recorded in the district in 118 years and it displaced more than 7,000 people, who eventually sought refuge at 55 relief camps set up at the time. In the last five months, the district administration has also rejected 693 applications to convert agricultural land for commercial use. Read: Kodagu clamps down on commercialisation, 693 applications to convert land rejected Story by Story Infinity (Subs and Scribes Media Ventures LLP.)
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Bengaluru KV school head acquitted in POCSO case, court says conspiracy by colleagues

Child sexual abuse
Among the major reasons for the acquittal are delay in filing the complaint and the lack of clinching evidence.
Kumar Thakur, a former principal of a Kendriya Vidyalaya in Bengaluru who was accused of sexually harassing multiple girl students at his school, was acquitted in the case on April 16 by a Bengaluru court. Finding the case against him weak, the court acquitted him and said that the case was a result of a conspiracy born out of professional jealousy from some of his peers. The case against Kumar Thakur came to light in January 2017. He was accused of calling Class 10 and 12 girl students into his office and asking them lewd and personal questions. He was also accused of sexually harassing teachers, and sending lewd WhatsApp messages. The controversy intensified further when he was removed from his position at the Bengaluru school, but transferred to a school in Karwar and then to another in Tiruvannamalai in Tamil Nadu. After parents protested, he was removed from there as well, and suspended. Kumar Thakur was charged under section 354(A) (sexual harassment) of the IPC and sections 11 and 12 of the Protection of Children from Sexual Offences (POCSO) Act. Additional city civil and sessions judge Justice Susheela acquitted him of all charges on April 16. Among the major reasons, per the judgment of which TNM has a copy, are delay in filing the complaint and the lack of clinching evidence. The judge ruled in the favour of the defence who said that the school’s Vice Principal Bhagya Lakshmi and two teachers, Geetha and Ullas, colluded to sabotage Kumar Thakur’s career using a POCSO case due to professional jealousy. Delay in filing complaint The alleged incident took place on December 26, 2016, according to the complainant, Nidhi*, a Class 12 student, who was attending a residential camp course. She said she had gone to the principal’s office when Thakur asked her if she had a boyfriend, asked her about whether she had sex, and even told her to use sex toys for relaxation.  On January 14, 2017, Nidhi's family contacted Childline regarding the matter. The court said that this delay raised doubts about the occurrence of the harassment itself. Further, it also found fault with the fact that while the Childline official filed a police complaint on January 25, 2017, it was not registered until five days later on January 30. Incidentally, it has been documented that in many cases of sexual abuse, the delay in filing a complaint is caused by the capability of the survivor and their kin to come to terms with the abuse, the willingness of the police and so on. Failure of IO to follow process The investigating officer (IO) in the case failed to follow the due process. The IO admitted that she did not record the statements of the independent persons – a social worker, Nidhi’s sister and the Childline official – immediately after receiving the complaint. “When such being the case, it is the duty of the Investigation Officer to record their statements immediately, but she has not done so. […] If this piece of evidence is taken into consideration, it crystallises about the latches in the investigation conducted by this witness and it creates doubt about the offences alleged against accused (sic),” the court observed. Further, the process was also not properly followed while recording Nidhi’s statement before the magistrate. Survivor did not inform parents Sexual violence is a difficult subject to speak about, even to near and dear ones. However, the court felt that the fact that neither Nidhi nor her siblings informed their parents about the sexual harassment raised doubts about its veracity. In the same vein, the court also scrutinised the fact that there was no complaint given to the school’s Grievance Committee. However, Nidhi’s sister had said in her testimony that she and students in general were not aware of who to approach to complain about a teacher. Lack of CCTV footage, not questioning security person It was noted that though there were CCTV cameras outside the principal’s office, the prosecution had failed to submit footage showing that Nidhi had gone into Kumar Thakur’s office at the given time. Further, they had also failed to question the security-person-cum-attender who was present outside the principal’s office. The security- person-cum-attender was also not listed as a chargesheet witness. “Non-production of this material evidence, it is absolutely fatal to the case of prosecution,” the court said. Collusion against the principal by colleagues The defence had argued that the Vice Principal, Bhagya Lakshmi, and teachers Geetha and Ullas, had colluded together to influence Nidhi to give a complaint against Kumar Thakur. The defence said that the complaint in January 2017 came around the same time that Thakur was selected to go for an International Principals Conference in February 2017. The collusion and plan, it was argued, was a result of professional jealousy. The court noted that Nidhi and her sister met Bhagya Lakshmi and Geetha at a restaurant. According to the defence, the teachers influenced them and told them to file a complaint against the principal in exchange for getting good marks in the practical examinations.
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TN objects to Karnataka's KC Valley project, say it violates SC order

Cauvery Dispute
The TN govt has claimed that the KC Valley project was in violation of SC order on Cauvery dispute in February, 2018.
PTI/ File image
In the latest episode of the Cauvery water dispute Tamil Nadu has objected to Karnataka’s controversial Koramangala-Challaghatta (KC) Valley treated water project. The Tamil Nadu government on Tuesday filed a petition with the Supreme Court alleging that the project violates the Supreme Court order. Tamil Nadu claimed that the apex court had ordered Karnataka to discharge all treated water into the river.  “In the guise of utilising sewage water, the scheme provides for pumping surplus water of Varthur tank to a series of tanks in Kolar district for increasing the utilisation and thus preventing the surplus of Varathur tank flowing to Pennaiyar river. It is another devise for increasing the irrigation and other new uses,” the TN government told the apex court. “It is stated that transferring the sewage of Bangalore city which is generated from Cauvery water supply is in violation of the Judgment dated 16.2.2018 passed by this Hon’ble Court,” the petition added. The KC Valley Project transports treated (primary and secondary) water from Sewage Treatment Plants in Bellandur and Varthur lakes in Bengaluru to 126 minor irrigation tanks in the perennially arid district of Kolar. The decision was made in a bid to solve the water woes of the district. It was thought the water, which would be fit only for agricultural use would also improve the groundwater table. The project had turned controversial when activists based in Kolar opposed the move over fears of receiving polluted water. They demanded that the water be treated in a tertiary treatment plant and adhere to the guidelines prescribed by the Central Pollution Control Board. Their stand was vindicated when a study conducted by the Indian Institute of Science found that the water being released into the lakes contained higher than permissible amounts of E.coli bacteria, heavy metals and dissolved oxygen. Since their demands fell on deaf ears, they had moved the Karnataka High Court against the state government and had obtained an interim stay. Recently, the Supreme Court had lifted a stay on the project asking the High Court to decide on the matter comprehensively in a speedy manner. However, activists in Kolar are not pleased with the stand of the TN government. Anjaneya Reddy, the petitioner in both the HC and Supreme Court and an activist with Shashwatha Neeravari Horata Samiti, said, “There is no merit in the Tamil Nadu government case, as earlier in a case in the SC against Karnataka government of contaminating the Cauvery water flowing into Tamil Nadu from the KC Valley and Hebbal-Nagwara catchments. Then the Karnataka government had replied in court stating that this water will be treated and supplied to the drought-prone districts. To this, the TN government had not objected. This was three years ago. The fresh objection is only for political reasons.”
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Asianet, Suvarna News ordered to pay Rs 50 lakh in damages to actor Divya Spandana

Court
Kannada news channel Suvarna News had alleged Divya Spandana’s involvement in the 2013 IPL spot-fixing scandal.
A Bengaluru court has found news media giant Asianet News Network and its Kannada news channel Suvarna News liable for defaming actor-politician Divya Spandana by wrongfully telecasting news stories linking her to the IPL spot-fixing scam in 2013. The court has ordered the news channel to pay damages worth Rs 50 lakh to the actor. In the order dated April 26, the VIII Additional City Civil Court and Sessions Judge Patil Nagalingegouda also restrained Asianet and Suvarna News from telecasting any programs linking her to the match-fixing and spot-fixing scandals without any proof. "On perusal of the records, it is clear that plaintiff has a blemishless record and known as a good actress in the Kannada film industry and she has also worked as a Member of Parliament,” the court observed. Divya Spandana had filed a defamation case against Asianet News Network Pvt Ltd and Suvarna News 24x7 in 2013 after the Kannada news channel telecast a news segment alleging her involvement in the 2013 IPL spot-fixing scandal. Suvarna News had run news segments containing visuals of Divya Spandana at various IPL matches and had alleged that she was involved in the spot-fixing scandal. Divya Spandana was the brand ambassador of Royal Challengers Bangalore team for the first five IPL seasons. During the trial, Divya Spandana’s legal counsel Pramod Nair had contended that she was not involved in IPL in 2013 in any manner, as she was then campaigning for Karnataka assembly elections that year. Asianet and Suvarna News contended that news channels were entitled to broadcast news relating to public events and public figures and that they had not made any direct reference to Divya Spandana. The channel’s representative also argued that the broadcast had not caused her any damage. They also stated that the inquiry by police in the case had revealed the involvement of two Kannada film stars in the scam. The 2013 Indian Premier League spot-fixing and betting case came to light when the Delhi Police arrested three cricketers, S Sreesanth, Ajit Chandila and Ankeet Chavan, on the charges of spot-fixing. All three of them were a part of the IPL team Rajasthan Royals. Suvarna News in its news segments alleged that one of the cricketers had revealed to the police that two Sandalwood women actors were also involved in the scam. However, the court noted that Divya Spandana was not associated with the IPL in 2013 and that the persons nabbed by Delhi and Mumbai police in relation to the scam had not named her as the actor involved in spot-fixing. The court observed that the channel had telecast the news with Divya Spandana’s pictures at IPL events. "There are no records produced on behalf of the defendant to show plaintiff being a brand ambassador of Royal Challengers Bangalore Team was involved in betting and spot-fixing scandal as transmitted in the questioned program by the defendants. Hence, this Court is of the opinion that act of defendants is in complete violation of the journalistic ethics and deliberately to destroy the popularity of the plaintiff and act of defendant is mala fide with an intention to defame her dignity,” he further observed. The court also stated that the “reputation is the most valuable asset of a person” and is “much more valuable than any amount of money.” “When the above said questioned program/still images do have the tendency to destroy such reputation, the injury complained of by the plaintiff would be irreparable,” the court said.    
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Trouble in coalition? Do Congress leaders want Karnataka government to fall?

Lok Sabha 2019
Several Congress leaders have once again started demanding that Siddaramaiah become the CM
Are leaders in Karnataka Congress pushing for a re-election in the state? The alliance between strange bedfellows -- the Congress and JD(S) in Karnataka has been constantly riddled with infighting. And now, speculation is rife in the Grand Old Party that many leaders are disappointed with the JD(S). Speaking to the media in Bengaluru, Home Minister MB Patil, a loyalist of former CM Siddaramaiah, on Tuesday said, “Siddaramaiah should have become the Chief Minister for the second term but national leaders did not think so.” However, when asked whether there were differences between coalition partners, Siddaramaiah told the media in Hubballi on Wednesday that such questions must not be answered before the Lok Sabha election results are out. “Yes, several leaders have said they want to see me become the CM but they have only said that out of love and for no other reason. Currently, the CM’s chair is not vacant. It has been occupied by Kumaraswamy. Taking decisions about it before the Lok Sabha election results come out is not wise,” Siddaramaiah said. Congress insiders believe that many of its legislators want Siddaramaiah to take over the reins of the government again and to sever the alliance with the JD(S). “The leaders want a fresh mandate and many of Siddaramaiah’s loyalists are pushing for re-election. If Congress alone wins 13 Lok Sabha seats, then it does not need JD(S). The party leaders would then want to go for re-election. The biggest problem here is that JD(S) is trying to sabotage the Congress in its strongholds. Congress has nothing to gain by having JD(S) as an ally,” the source said. The open rebellion by the JD(S) in several parliamentary segments including Tumakuru, Hassan, Mandya, Kolar, Chikkaballapura and Mysuru has made the Congress wary of its coalition partner. “The JD(S) workers have actively tried to sabotage the Congress. They keep feeding false and fake information to the BJP workers about our leaders, who end up targeting us. Why should we give up our political career for the JD(S)? The only ones benefiting here are Deve Gowda, Kumaraswamy and the grandsons (referring to Nikhil Kumaraswamy and Prajwal Revanna),” the source added.    Congress leaders believe that if the party manages to win more than 13 segments, they would be able to win a simple majority and come to power without the assistance of the JD(S). "BJP has been reduced to a party of incompetent leaders in Karnataka. The multiple failures Yeddyurappa suffered when he tried to poach Congress MLAs shows just that. This will definitely help the party (Congress) become stronger. If we continue with JD(S), the Gowda family will destroy the Congress in the process,” the source added.
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Rainfall brings respite from heat, water scarcity in southern Karnataka

Weather
In addition to Bengaluru, spells of rainfall were also reported in Shivamogga, Udupi, Dakshina Kannada and Kodagu districts on Tuesday.
PTI | Image for Representation
A spell of rainfall brought respite from the summer heat in parts of Karnataka on Tuesday night.  This included rainfall in northern parts of Bengaluru like Peenya, Doddabidarakallu, Chikkabidarakallu, Dasarahalli and southern areas like Sarakki and Basavanagudi. The burst of rain left many areas in the city waterlogged.  "These are pre-monsoon rains and it is due to cyclonic circulation over Karnataka. There were moderate rains in some areas and heavy rains in isolated places," Sunil Gavaskar, a meteorologist at the Karnataka State Natural Disaster Monitoring Centre (KSNDMC) told TNM. The highest rainfall in Bengaluru was reported in Doddabidarakallu in the RR Nagar area in the city which received 150 mm rain.  24hrs☔️Map of #Karnataka from 8.30am of 7th May 2019 to 8.30am of 8th May 2019, Highest 150mm ☔️@Bangalore_RRNagara_Doddabidirekallu. pic.twitter.com/7MhxmowT47 — KSNDMC (@KarnatakaSNDMC) May 8, 2019 Rains were also reported in Shivamogga, Udupi, Dakshina Kannada and Kodagu districts on Tuesday. The coastal districts of Udupi and Dakshina Kannada had reported severe water shortage and officials in the district are hopeful that the rain would increase the water levels in the rivers flowing there.  "There has been a lack of rainfall in March and April in Udupi unlike in recent years. There were rains predicted last week during the time Cyclone Fani hit the eastern coast but the coastal districts did not get any rain. We are continuing with water rationing in Udupi and neighbouring areas and we are hopeful that more rain will ease our woes," Udupi DC Hephsiba Rani told TNM.  Read: Udupi stares at water scarcity, Municipal Council taps Swarna river to meet water needs The KSNDMC is predicting more rainfall in the Karnataka on Wednesday and Thursday, "We are expecting more rains today and tomorrow, scattered with light to moderate rains and heavy rainfall in isolated areas. Rainfall will be experienced in south interior Karnataka, coastal Karnataka and parts of Bengaluru,” Sunil added. 
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Bengaluru apartment dwellers allegedly assaulted by goons of real estate company

Crime
The dispute is related to construction within the apartment complex and is currently being heard by the High Court.
An ongoing dispute between residents of a Bengaluru apartment and a real estate company which built it turned violent on Monday. Videos of the incident show the goons punching Narasimhamurthy, a resident of the apartment. Residents of HM Tambourine in JP Nagar told TNM that goons acting on behalf of HM Infra Tech Pvt Ltd attacked security guards and residents opposing construction work inside the premises of the apartment. “They even manhandled a woman who opposed them. They assaulted our security guards. Pushed our residents including children and women. They attacked our co-resident Narasimha Murthy with a rod. While trying to escape, Murthy got a minor injury on his hand,” Abdul Aleem, a witness to the incident and a resident of the building, said. Following this, the residents approached the Puttenhali Police Station and lodged a complaint on Monday. Based on that police registered a FIR against Ravi and his associates. Police say that Ravi and the other worked for HM Infra. They have been booked under sections  324 (Voluntarily causing hurt by dangerous weapons or means) and 34 (Acts done by several persons with common intention) of the Indian Penal Code. Residents allege that the real estate company intended to use a part of the open space to dump construction materials for a nearby project – HM Crescendo. “A part of the open space was earmarked for future development, but they are exceeding the area and taking away our kids’ play area,” Aleem added. The dispute, began in 2016 when the real estate company first mooted the construction and had even reached the Karnataka High Court. The HC is yet to pass an order on the issue while the lower court ruled in favour of the residents of HM Tambourine Apartments. But residents allege the police of are complacent in allowing the real estate company and ignore their complaints. The residents had even written to the Puttenahalli Police Station Inspector citing the court orders but they say the police have not taken any action. The article will be updated as and when real estate company reacts to the incident.  
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