3 disqualified Karnataka MLAs to move Supreme Court, HC over Speaker's order

Politics

The disqualified legislators are Ramesh Jarkiholi and Mahesh Kumatahalli of the Congress and R. Shankar of the KPJP.

IANS

Karnataka's three disqualified legislators, including two rebel Congress MLAs, would on Monday move the Supreme Court and the Karnataka High Court against the Speaker's order, sources said on Saturday. The disqualified legislators are Ramesh Jarkiholi and Mahesh Kumatahalli of the Congress and R. Shankar of the KPJP, whom the Congress claims to have merged his regional outfit with it on June 14 after he became minister again in the then JD-S-Congress coalition government. "As petitions of Jarkiholi and Kumatahalli against Speaker K.R. Ramesh Kumar are in the apex court since July 10, they would file affidavits against their unilateral disqualification without serving notice or giving them an opportunity to defend themselves," a source told IANS quoting the rebels, who are under lockdown in a Mumbai star hotel since July 6. Shankar, who won from Ranebannur in the May 2018 assembly elections, floated the Karnataka Pragnyavanthara Janatha Paksha (KPJP) after leaving the Congress for denying him ticket to contest. "Pledging support to the BJP in writing to Governor Vajubhai Vala on July 8 after resigning as Minister on the same day and withdrawing support to the coalition government does not amount to defection and the anti-defection law cannot be applied to disqualify him," the source claimed. Shankar will file his writ petition against the Speaker's order in the Karnataka High Court on Monday. Citing the case of 18 AIADMK legislators, who were disqualified in September 2017, but allowed by the apex court and the Election Commission to contest the by-elections in six months, the source said the Speaker has "erred" in banning the rebels from contesting any election for the rest of the Assembly's term - till 2023. Jarkiholi and Kumatahalli were disqualified on a complaint by Congress Legislature Party leader Siddaramaiah on February 11 for not "attending" the 10-day budget session from February 7-20 and two legislature party meetings held on January 18 and February 7, despite the party whip. "Assembly records, however, show that Jarkiholi and Kumathalli attended the session on February 14-15 and voted on the budget proposals for fiscal 2019-20, which was a vote-on-account for four months till July 31," the source said. According to former Advocate-General and constitutional law expert B.V. Acharya, the Speaker's decision to disqualify the three MLAs was wrong and misconceived, and would not pass judicial scrutiny. "The disqualification is against the constitutional provisions and the well-accepted principles of law," Acharya had told local news channels, adding that the reasons for disqualifying them do not come under the provisions of the anti-defection law. However, the Speaker, announcing the disqualifications on Thursday, had said that the "resignations are neither voluntary nor genuine but given under duress or pressure". Disagreeing with the Speaker's reasons, Acharya said: "The disqualifications are contrary to the Supreme Courts judgements in similar cases and amount to its contempt." Terming the Speaker's decision one-sided, bad in law and arbitrary, BJP spokesman G. Madhusudan told IANS on Saturday the apex court, in its interim orders on July 17, had said that the Speaker's ruling on the resignations would have to be placed before it for scrutiny. "As the disqualifications are not in conformity with the anti-defection law and are based on extraneous reasons, I am afraid they will not be upheld by the courts," he added. 

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My family not responsible for collapse of JD(S)-Congress government: Satish Jarkiholi

Politics

Congress insiders have claimed that the bickering among Jarkiholi siblings, their thirst for power and big egos had led to the fall of the coalition.

TNM Staff

History repeated itself last week when the Congress-JD(S) coalition collapsed in Karnataka and Chief Minister HD Kumaraswamy stepped down from his post before completing his term for the second time on Tuesday. As the waves of political drama simmered down, party insiders and the media pointed fingers at one common culprit for the government’s collapse – the Jarkiholi family. Congress insiders claimed that the bickering among Jarkiholi siblings, their thirst for power and big egos had led to the fall of the coalition. Going into damage control mode, Congress MLA from Yemkanmardi, Satish Jarkiholi, refuted the claims and said that “personal issues” of leaders and “a specific thing” was responsible for the downfall of the government. “It was due to personal issues and a certain thing that led to the downfall of the coalition. It is not the Jarkholi family. I know my brother Ramesh went with the BJP and I urged the seniors in the party to disqualify him sooner. If they had listened to me, this would not have happened,” Satish Jarkiholi said. The former Karnataka Minister of Environment and Forests also blamed his brother, the Arabhavi legislator – Balachandra Jarkiholi for negatively influencing Ramesh. “Ramesh was influenced by Balachandra and that should not have happened. For whatever reasons, he went with Balachandra. I don’t want my family to take the blame for something they did,” Satish Jarkiholi added. However, the legislator refused to divulge details on the elusive “thing” that brought down the government, while stating that he would be “honour-bound” to reveal all information in the future.  “I cannot reveal that information now. When the time comes, I will be honour bound to give you (press) all the information. Yediyurappa has no right to form a government when the issue of disqualification of 14 MLAs is still pending. These are blackmailing tactics by BJP and we know how they got our MLAs to go to Mumbai,” Satish Jarkiholi added. The rebellion in the Congress began after Ramesh Jarkiholi was dropped from his cabinet rank as the Minister for Municipalities in October 2018 and his brother Satish was given a ministerial portfolio instead. Ramesh Jarkiholi had openly said he would join the BJP after his rival Lakshmi Hebbalkar was appointed the President of the PLD Bank in Belagavi. Ramesh, who was the former President of the bank was visibly miffed at losing two posts in a row. The rivalry between Satish and Ramesh Jarkiholi was now out in the open as the siblings blamed each other for the instability. With the government collapsing, the Jarkiholi family came under fire for fanning the flames of the rebellion and Satish’s defence comes in the wake of the bad press that the family has suffered ever since.     

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Bengaluru horror: Child rape case comes to light after minor girl delivers baby

Child Abuse

Neither the girl nor the parents knew that she was pregnant until she went into labour.

Theja Ram

A harrowing case of child sexual abuse has come to light in Bengaluru, after a minor girl who was allegedly raped by her neighbour, gave birth to a baby boy last Sunday. On the afternoon of July 21, the girl began screaming and complained of severe stomach pain. Her parents soon rushed her to a private hospital nearby and the doctors there confirmed that she was in labour. “We did not know that she was pregnant. We just assumed she was putting on weight because she is so young. We were all confused about what was happening. When she was in labour, I kept asking my other daughter whether she knew anything about this and she too said she did not know anything,” the girl’s mother told TNM. The minor girl gave birth to a baby boy on July 21 after which her parents questioned her about the incident. “My daughter said she did not know she was pregnant until the doctors said so,” her mother said. Upon recuperating, the girl narrated a harrowing tale of rape, allegedly perpetrated by her 20-year-old neighbour. One afternoon in December 2018, 20-year-old Bhima Shankar, a mason by profession, allegedly visited the minor girl’s home on the pretext of procuring something from the minor girl’s older sister. When the girl informed him that the sister had stepped out to finish up a few chores and buy groceries, Bhima Shankar allegedly told the girl that he would wait for her return. “When she closed the door, he attacked her and dragged her into the bedroom and raped her. According to the complaint, she tried to scream but he smothered her mouth with his hand. He later threatened to ruin her reputation and kill her if she spoke about the incident to anyone,” the police said. Bhima Shankar allegedly kept threatening her for over a year. However, the details of the incident came to light only after she went into labour and the girl’s parents filed a complaint with the Baiyappanahalli Police. An FIR was registered on July 21 under sections 376 (rape) and 506 (criminal intimidation) of the IPC and also under the POCSO Act. Bhima Shankar had absconded upon hearing about the girl’s pregnancy. He was arrested by the Baiyappanahalli Police on Friday and later remanded to judicial custody.    

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Yediyurappa orders stay on all projects, transfers made by Cong-JD(S) govt in July

Politics

Purported reports about several multi-crore projects in infrastructure, public works sanctioned by the Kumaraswamy govt were making rounds since the political crisis gripped the state.

IANS

Soon after Karnataka Governor Vajubhai Vala invited him to form the government, Chief Minister-designate B.S. Yediyurappa on Friday directed Chief Secretary T.M. Vijay Bhaskar to withhold all new projects and transfers made by the earlier Congress-JD(S) coalition government in this month. "Yediyurappa orally instructed Bhaskar to put on hold all new projects cleared and transfers effected during this month by the previous government," an official of the Chief Minister's Office told IANS in Bengaluru. Purported reports about several multi-crore projects in infrastructure, irrigation and public works sanctioned by the H.D. Kumaraswamy government were making the rounds since the political crisis gripped the southern state after 16 rebels of the coalition parties resigned from the assembly. Similarly, hundreds of transfer files were reportedly signed by Kumaraswamy in the departments he was in-charge, by his PWD Minister and elder brother H.D. Revanna and other cabinet ministers of both the allies. "Unsure of the survival of the coalition government, some of the ministries, with large budgetary allocations went over drive in processing and clearing their files, involving hundreds of crores of rupees," a BJP functionary told IANS on anonymity. In a circular to all secretaries and heads of the various departments, Bhaskar ordered them to keep the projects sanctioned and transfers effected on hold pending review by the new Chief Minister and new orders on them. After failing the floor test on the confidence motion he moved on July 18 during the 10-day monsoon session to prove he had majority, Kumaraswamy resigned on July 23. Accepting his resignation, the Governor told him not to take any policy or executive decisions as a caretaker Chief Minister.

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Karnataka BJP likely to move no-confidence motion against Speaker KR Ramesh Kumar

Politics

KR Ramesh Kumar, a Congress veteran, is currently handling the resignation and disqualification of 14 rebel MLAs of the Congress-JD(S) coalition.

Theja Ram

As BS Yediyurappa took oath as the Chief Minister of Karnataka on Friday, BJP leaders in the state are now mulling over moving a motion of no confidence against Speaker KR Ramesh Kumar. Sources in the BJP told TNM that the motion is very likely to be moved on Monday in order to ensure that the Speaker does not pass an order on the resignations of the 14 rebel MLAs, which is still pending.  The party is planning to move the vote of no-confidence ahead of the floor test on Monday.  KR Ramesh Kumar, a Congress veteran, is currently handling the resignation and disqualification of 14 rebel MLAs of the Congress-JD(S) coalition having already disqualified rebel Congress MLAs Ramesh Jarkiholi and Mahesh Kumathalli as well as legislator from Ranebennur 'Pendulum' R Shankar. Ramesh Kumar had stated in his order that the three legislators could not contest the elections till the end of the term of the 15th Lok Sabha.  "Our legal team has advised us that this is the best way to go about it. Once a motion of no-confidence is passed, the Speaker will not be able to decide on the issue of the resignations. This will ensure that these 14 rebels are not disqualified," a BJP leader told TNM. However, Ramesh Kumar will have to preside over Yeddyurappa's floor test as he will have 15 days to be removed as Speaker once the motion of no confidence is passed, the BJP source added.  These rebels were vital for the BJP as they led to the collapse of the coalition government earlier on Tuesday. And if these rebels get disqualified, they won’t be eligible to contest the bye-elections necessitated due to their removal from the Assembly.  Ramesh Kumar is likely to be replaced by BJP's KG Bopaiah, who has served as the Speaker of the Karnataka Assembly from 2009 to 2013, sources further said. Yediyurappa had also held a meeting with him ahead of Friday's swearing-in ceremony.  Bopaiah was also appointed as the pro-tem Speaker by Governor Vajubhai Vala in May 2018 when Yediyurappa's tenure as CM had ended after just two days. This was opposed by the Congress and the JD(S) who said this was against the convention of appointing the senior-most MLA as the pro-tem Speaker. The same was also mentioned in the Supreme Court in the midnight hearing which led to the floor test for Yeddyurappa being advanced within 24 hours instead of 15 days’ time given by Governor Vajubhai Vala. Previously in 2008, when Yeddyurappa was sworn in as the CM for the second time, Bopaiah was appointed the pro-tem Speaker of the Karnataka Assembly in 2008 by then-Governor Rameshwar Thakur. Bopaiah is known to be an out and out Yeddyurappa loyalist and had even disqualified 11 rebel BJP MLAs and 5 independents for refusing to tow Yediyurappa's line at the height of the illegal mining crisis. He was ultimately pulled up by the Supreme Court for this decision.

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Bengaluru cab driver allegedly abducted, assaulted after road rage argument

Crime

According to police, two men allegedly abducted cab driver Vijay Kumar from CBI Junction on Ballari Road and assaulted him after fighting about an accident on July 21.

TNM Staff

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Bengaluru Police on Friday arrested two men in connection with a case of road rage, abduction and assault of a cab driver, which occurred a week ago in the city. The arrested accused include Suresh V, a resident of Hongasandra near Bommanahalli and his relative Santosh. According to the Sanjay Nagar Police, Suresh and Santosh allegedly abducted a cab driver Vijay Kumar from CBI Junction on Ballari Road and assaulted him after fighting about an accident on July 21. “Vijay Kumar is a cab driver. He is a resident of Kengeri. Last Sunday (July 21), he had completed a trip to Kempegowda International Airport and was on his way to pick up another customer in Banashankari at around 9.15 pm,” the Sanjay Nagar Police said. A BMTC Bus stopped abruptly in front of Vijay Kumar’s car and he was forced to apply the brake. Kumar allegedly yelled at the bus driver for his inefficient driving. However, as Vijay abruptly stopped his car, a Maruti Omni van, which was behind Vijay’s, ended up manoeuvring the vehicle in order to avoid bumping into Vijay’s cab, but ended up bumping into another car. “The van belongs to Suresh and his relative Santosh was with him inside the van on the day of the accident. Since the Omni van’s bumper was damaged, Suresh and Santosh blamed Vijay Kumar for the accident as the man in the other car, which the Omni van had hit had already left the spot,” Sanjay Nagar police added. Santosh and Suresh got out of the van and accused Vijay of causing the damage, after which a fight broke out on the road, police said. The duo demanded that Vijay Kumar pay for the damage but Vijay refused. “According to the victim, the two men grabbed his arms and forced him into the Omni van and drove all the way near Suresh’s residence. Suresh was driving and Santosh allegedly beat up Vijay Kumar brutally for over an hour while they drove from Ballari Road to Hongasandra,” the police added. When the van reached Hongasandra, Suresh and Santosh allegedly let Vijay Kumar go. Vijay then called the police control room and soon the Bommanahalli Police arrived at the spot and rushed him to KC General Hospital in Malleshwaram. “His left ear was bleeding. He had bruised on his back, arms and torso,” the police said.   The Bommanahalli Police then handed over the complaint filed by Vijay to the Sanjay Nagar Police due to jurisdictional issues and an FIR was registered under sections 307 (attempted murder), 359 (abduction), 352 (assault) and 34 (common intention) of the IPC. As Vijay had noted down the van’s license plates, the police tracked down and arrested the suspects on Friday.   

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Clinics exiting family planning program may have to destroy contraceptives

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