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Thursday, September 5, 2019

Denotification case: Karnataka special court issues summons to HD Kumaraswamy

Crime
On July 20 this year, special judge Ramachandra D Huddar had rejected the Lokayukta’s B Report (closure report) in the case, where it had cited lack of evidence.
The Special Court for Elected Representatives in Bengaluru on Thursday issued summons to former Chief Minister HD Kumaraswamy to appear for questioning in the alleged illegal denotification case. In 2007, when Kumaraswamy was serving as the Chief Minister of Karnataka, a complaint was filed with the Lokayukta that he illegally denotified land in Banashankari’s Halage Vaderahalli. The court has summoned Kumaraswamy for questioning on October 4. On July 20 this year, special judge Ramachandra D Huddar had rejected the Lokayukta’s B Report (closure report) in the case, where it had cited lack of evidence. The court had also directed the complainant in the case to record his statement in court. In October 2007, M Mahadeva Swamy from Santhemarahalli in Karnataka’s Chamarajanagar district had filed a complaint with the Lokayukta that Kumaraswamy had passed an order to denotify 2.24 acres of land listed under survey numbers 128 and 137 at Halage Vaderahalli in Bengaluru in favour of a few people, who in turn, sold the land to builders. The complaint alleged that Kumaraswamy had approved the denotification of this land on October 1 in 2007, just a week before he resigned from his post as Chief Minister. Mahadeva Swamy had stated that the land in question was later acquired by the Bangalore Development Authority (BDA) to construct residential sites for which a preliminary notification was issued in April 1989 and the final one in 1997. Mahadeva Swamy alleged that Kumaraswamy’s denotification orders had resulted in a loss of Rs 56.6 crore to the state exchequer. Mahadeva Swamy alleged that the documents submitted by the BDA, showed that the land was sold to third parties on the same day Kumaraswamy denotified the land. He also accused Kumaraswamy of deliberately forgoing the Urban Development Department’s adverse opinion regarding denotification. In 2012, the Lokayukta police registered an FIR against Kumaraswamy and filed a B report in July this year. Special judge Huddar had rejected the B report stating that the list of sections mentioned in the FIR were too serious. A case had been registered against KUmaraswamy under sections 120 B (criminal conspiracy) 406 (criminal breach of trust), 420 (cheating), 483 (counterfeiting a property mark), 465 (forgery), 468 (forgery for purpose of cheating) and 471 (using forged documents) of the IPC; and sections 13(1)(c) (fraudulently misappropriating government property), 13(1)(d) (obtains for himself or for any other person any valuable thing or pecuniary advantage by corrupt means), 13(1)(e) (disproportionate income during tenure as public servant) and 13(2) criminal misconduct of public servant) of the Prevention of Corruption Act.  
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Traffic advisory issued in Bengaluru on Friday for Ganesha idol processions

Traffic
Roads leading to Ulsoor Lake from the Outer Ring Road will be subject to these diversions.
PTI
The Bengaluru Traffic Police has issued a traffic diversion notice for Friday on account of Ganesha immersion processions. In a statement, the police said these diversions are necessary as about 100 idols will be immersed in the Ulsoor Lake accompanying large processions starting from Thanisandra-Nagawara Main Road.   Police have advised the public to avoid the Thanisandra-Nagawara Main Road--Periyar circle- Pottery Road--MM Road--Sindhi Colony--Assay Roads leading to Ulsoor Lake.  To avoid inconvenience, traffic from Thanisandra to Nagawara Main road traffic will be diverted at Nagawara Junction towards Hennur junction and passed through Lingarajapura — Davis road to Shivajinagar.  Police officials said traffic policemen on the ground will implement these diversions depending on the real-time situation of the traffic and there won’t be any blanket diversions.  After the processions cross Narendra Tent, traffic coming from Nagawara towards KG Hally will be diverted near Narendra Tent towards Siddappa Reddy Circle, Lingarajapura- Davis Road and Shivajinagar. Similarly, when processions will reach Nagawara Road, traffic coming from Nethaji Road towards Tannery Road will be diverted at Nethaji Circle towards MM Road- Mosque Road and to Davis road and Lingarajapura-Banasawadi.  Police said there will be increased checks on roadside parking as well. Immersion of idol for this year’s Ganesh Chaturthi held on September 2 had started from Tuesday itself.  Ahead of the festival, the Bruhat Bengaluru Mahanagara Palike (BBMP) and Karnataka State Pollution Control Board (KSPCB) had run a massive awareness campaign to prohibit the use of Plaster of Paris (PoP) idols. Buyers and traders of the banned item were fined as well. This had resulted in a reduction of PoP with only 1654 idols of PoP out of 1,91,247 idols found immersed in the city’s lakes. Other than 25 lakes in the city, the BBMP had also readied mobile immersion tanks in each ward while the KSPCB ran 12 such tanks across the city.
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What’s behind Bengaluru’s traffic woes? 82 lakh vehicles, too many one-ways, and more

Traffic
When it comes to the number of two-wheelers and cars getting registered per month, the figures are staggering - about 35,000 and about 8,000 respectively.
“Start early if you want to reach your destination on time”: a warning that Bengalureans have generously and compassionately been giving all newcomers to the city for over a decade. Bengaluru’s notorious traffic has become a dinner table, conference room, and even a WhatsApp group conversation. And everybody wants to know: “Why is there so much traffic in Bengaluru?” Well, there are numerous reasons, including the growing number of cars and excessive one-way traffic. But, to understand what led to the mad rush in the first place, we must travel back to the late 1990s, when the IT sector started altering the very DNA of Bengaluru. It was former Karnataka Chief Minister SM Krishna (1999 to 2004) who introduced numerous IT and biotech policies, paving the way for software and tech giants like Wipro and Infosys making the city its headquarters. This, ultimately, caused the influx of people from other states in search of better opportunities. And that, experts note, was the flashpoint of today’s traffic chaos. When number of vehicles surpasses road capacity “The boom of the service sector and job creation led to an exponential increase in the number of trips to commute to work,” explains Ashish Verma, Professor of Department of Civil Engineering at Indian Institute of Sciences (IISc) Bengaluru. “It also led to a surge in the earning capacity, so, people started owning more cars. The road infrastructure became insufficient to hold the growing number of personal vehicles.” According to Karnataka Transport Department, as of July 2019, 82,53,218 vehicles have been registered in Bengaluru including non-transport (two-wheelers, cars, omni bus) and transport (trucks, lorries, taxis) vehicles. A total of 15,72,185 registered vehicles are cars, and 57,30,388 are two-wheelers. Statistics reveal that the number of vehicles rose by over 23 lakh in 4.5 years. What’s even more startling is that in 2019, almost 50,000 vehicles were registered monthly; with 35,000 two-wheelers, and 8,000 cars being registered per month. Today, the growing number of vehicles on the road has resulted in a mismatch between demand and supply of infrastructure. In simple terms, infrastructure refers to roads; demand refers to the number of vehicles using a given lane or roadway road; and supply refers to the amount of space available or the maximum number of vehicles that can pass the particular roadway in an hour. “The size or capacity of the roads in Bengaluru have always been the same. What has changed is the number of vehicles on these roads. That’s why the lanes and roads that were once adequate, look narrower today,” points out Ashish. ‘Why are roads so narrow?’ “Bengaluru was once a village which eventually grew into a megacity. It grew spatially but there was no growth of roads. Even when the new areas that underwent developmental changes, the authorities retained the hierarchy of roads. 60% of the roads are as narrow as they were earlier,” says MN Sreehari, a traffic consultant and advisor to the Karnataka government. Hierarchy of roads is the division of roads according to their capacity and functions. Accordingly, roads are categorised as freeways, arterials, collectors and local roads. However, experts point out that widening roads at this stage is a futile exercise for combating traffic congestion. Research has shown that increasing widening roads induces or generates more vehicle traffic, which quickly fills the increased space. This phenomenon is called induced demand or induced traffic. Another traditional method that Karnataka officials have been using as a perceived antidote to traffic congestion are flyovers and underpass – something resident associations in Bengaluru have been opposing for a while; case in point being the steel flyover project that saw massive protests. “There are about 55 flyovers in Bengaluru. We all know that the traffic has still only gotten worse,” says Srinivas Alavilli, the co-founder and coordinator of Citizens for Bengaluru (CfB), a citizen movement that spearheaded the #SteelFlyoverBeda (No Steel Flyover), among other campaigns. “Yet our policies constantly lean towards building elevated corridors, making roads one-way, widening roads and cutting trees; and the vicious cycle continues.” A domino effect of building flyovers is traffic congestion getting shifted to the neighbouring intersection. “Take, for example, Mekhri Circle. Before the construction of the underpass, one had to wait for five or six cycles of the traffic signal to exit the traffic. After building the underpass, the problem was solved, but the bottleneck shifted to Hebbal. When the Hebbal flyover construction was underway, the traffic shifted to Yelahanka Dairy Circle,” explains Sreehari. Excessive one-way traffic According to some experts, Bengaluru has excessive one-ways. While uni-directional or one-way traffic is standard in every city to increase the traffic flow, it also means taking more circuitous routes, and in a city like Bengaluru, a perilous pedestrian crossing.  “At some junctions, the one-way means there is no break in traffic for pedestrians to cross roads. Besides, signals don’t allot a fair amount of time for pedestrians to cross. This may discourage them from completing short distances on foot,” says Ashwin Mahesh, an urban expert in Bengaluru. Solution? Put all eggs in public transport  If there was one way that Bengaluru’s tryst with traffic gridlock could have been avoided when the software and IT industry was flourishing, it would have been a strong public transport: buses, suburban railway and metro. As of July 31, 2019, there are 6,491 buses under the Bengaluru Metropolitan Transport Corporation (BMTC). The minimum bus fare is Rs 12, and the monthly pass costs Rs 925. According to Srinivas, Bengaluru needs 12,000 more buses and reduced bus fare. “A perfect success model of reducing bus fare is the BMTC’s pilot programme after CfB’s Bus Bhagya Beku campaign. In 2017, for two months, the AC Vajra bus fare was reduced by 37%. As a result, the number of commuters increased by 42%. Hence, if the fare is reduced, BMTC gets more commuters and adds new revenue,” he elucidates. Besides, buses must be given priority over cars on roads. “At arterial and sub-arterial roads, which have at least two lanes, one lane must be freed up and reserved for buses. It could halt at every stop, like using a personal vehicle,” says Ashish. While metro cities like Mumbai, Chennai and Kolkata have a strong suburban railway network, Bengaluru is nowhere in the league. “Whitefield, Malleshwaram and Kengeri are connected by railways. Yet there is no service for people to go from point A to point B within the city. The railway network in Bengaluru was never used for intercity or intra-city public transport. It’s 2019, we still don’t have it,” says Srinivas.  Bengaluru’s Namma Metro, meanwhile, is fraught with delays. The plan for the Phase I of Bangalore Metro Rail Corporation Ltd’s (BMRCL) metro rail started in 2003, but was opened only in 2014. The Phase II-A (Outer Ring Road) and Phase II-B (KR Puram to Kempegowda International Airport) is yet to be completed. With the officials missing deadlines every year, nearly 10 lakh people working in Whitefield, Electronic City or Outer Ring Road depend on private vehicles to commute. Ashish adds that the traffic department should rope in traffic engineers to design the traffic flow in the city, apart from taking inputs from traffic police officials. While experts and officials have a prime role here, commuters must also take responsibility to use public transport whenever possible, and not make owning vehicles a matter of prestige, say experts. 
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Body of B’luru 4-yr-old fished out five days after he slipped into a stormwater drain

Accident
The body was found close to 10 km downstream from the location where he was feared to have slipped into a stormwater drain in JJR Nagar, Padarayanapura ward on Friday.
Bengaluru authorities engaged in the search for a 4-year-old boy, Mohammed Zain since Sunday, found his body in a stormwater drain on Wednesday near the Global Village Tech Park on Wednesday. This is the second tragedy for his mother Gulshan and the family in a short period of time, since Zain’s father had recently succumbed to tuberculosis. “Gulshan’s husband, Imran Shariff, a painter, had succumbed to tuberculosis five months ago. Since then, she has been doing odd jobs to take care of Zain, three-year-old Mohammed Tahir and one-year-old Mohammed Ahmed,” a relative told The Hindu. Read: 4-yr-old boy missing in Bengaluru, feared to have slipped into a stormwater drain The body was found close to 10 km downstream from the location where he was feared to have slipped into a stormwater drain in JJR Nagar, Padarayanapura ward on Friday. Deccan Herald reported the highly decomposed body was found floating in a storm water drain amid a pool of garbage. As reported earlier, the search by police and the Fire Department for the boy in the stormwater drain had begun on Sunday although he went missing on Friday night. He had reportedly gone near the stormwater drain with a girl of his age in the neighbourhood but did not return. Zain’s mother Gulshan recently started looking for him along with other family members, but the girl kept quiet until Sunday fearing reprisals. Police realised that the boy might have slipped into the drainage system when they went through the footage from a CCTV camera in the neighbourhood. “Zain had gone to the side of the stormwater drain with a girl of his age. In the footage, we only saw the girl returning. We have been looking for him since then. However, it was only two days after the incident that the girl told us that he fell into the stormwater drain. We then went to the stormwater drain to find him, but in vain,” Shabuddin, the boy’s uncle, had told News9 on Monday.   
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Bengaluru man coughs up Rs 17,000 in traffic fines for three offences

Crime
Out of the Rs 17,000, he had to pay Rs 10,000 for drinking and driving, Rs 5,000 for not driving without a license and Rs 2,000 as both he and his pillion driver did not have helmets.
Representational image
A Bengaluru resident had to cough up a fine of a whopping Rs 17,000 for multiple traffic offences on Tuesday evening. According to the Bengaluru Traffic Police, this is the highest fine amount paid in the city since the higher fines kicked in on Sunday. This comes a day after a Gurgaon man was reportedly being fined Rs 24,000.  The Bengaluru motorist, Akash, is a resident of Varthur and works with a private company. Out of the Rs 17,000, he had to pay Rs 10,000 for drinking and driving, Rs 5,000 for not driving without a license and Rs 2,000 as both he and his pillion driver did not have helmets. The police on Kanakapura Road caught him without a helmet and stopped him. Following that he was tested for alcohol on his breath, which showed he had nearly six times the permissible amount of alcohol. The violation was reported at Raghuvanahalli near the KSIC College Junction, reported Deccan Herald. “We stopped Akash, who was riding a Vespa, in Raghuvanahalli near Kammavari Sangha Institute of Technology Junction for riding without a helmet around 6.10pm. We realised he was drunk and didn’t have a driving licence. The pillion rider, too, was inebriated and had no helmet. We seized Akash’s vehicle and released it on Wednesday evening after he produced receipt of the fine he had paid in court,” an officer told The Times of India.  These new fine amounts have been fixed as per the Motor Vehicles (Amendment) Act, 2019. The law was passed by both the Houses after three major amendments recently after two years it was first introduced. 
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'Conflict of interest' kept EY from probing Coffee Day owner VG Siddhartha’s letter

VG Siddhartha
It was found that EY was rendering services in the area of taxation, software and also carried out due diligence of the company or subsidiaries, on behalf of third party clients.
It was "conflict of interest" that led global audit firm Ernst & Young to recuse itself from investigating the letter that Cafe Coffee Day owner V.G. Siddhartha purportedly wrote to the company's Board. However, EY has not been the external auditor of the company. "Vide our letter dated August 8, 2019, it was informed that Board of Directors in their meeting dated August 8, 2019 had appointed Ernst and Young to investigate the circumstances leading to statements made in the purported letter of the former Chairman late V.G.Siddhartha dated July 27, 2019 and to scrutinise the books of accounts of the company and its subsidiaries," Coffee Day Enterprises said in a regulatory filing on August 30. "Subsequently, it has been ascertained by the board in discussions with E&Y that the said firm has certain conflict of interest to carry out the above referred assignment, since they are rendering services in the area of taxation, software and have also carried out due diligence of the company or subsidiaries, on behalf of third party clients." CCD then had to seek former CBI official Ashok Kumar Malhotra's aid to investigate the letter. The letter was purportedly written by CCD owner Siddhartha to the company's board on July 27, two days before he went missing and was then found dead on July 31. On August 30, Cafe Coffee Day in a regulatory filing said that Malhotra will investigate the letter. New Delhi-based Agastya Legal LLP will assist Malhotra in the investigation into the contents of the two-page letter found in Siddhartha's office in the city on July 30 when a search was conducted to find out if he left any suicide note. Siddhartha, 60, is alleged to have committed suicide on July 29 night by jumping off the road bridge into the Netravathi river, as his body was found on its banks on July 31 morning. In the signed letter, Siddhartha claims to be solely responsible for all the mistakes he apparently committed. "I am solely responsible for all mistakes. Every financial transaction is my responsibility. My team, auditors and senior management are totally unaware of all my transactions. The law should hold me, and only me accountable, as I have withheld this information from everybody including my family," the letter, which was found in Siddhartha's table drawer, said. The state police is investigating the case to ascertain what drove Siddhartha to commit suicide, and a forensic audit of his personal accounts and company books will reveal the mistakes he claims to have made and the transactions his team, auditors and senior management were unaware of. The Income Tax department, which was inspecting his office and personal accounts for compliances, claimed Siddhartha's signature in the letter was not the same as in his annual reports, though the company's board confirmed that it was authentic.
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DK Shivakumar arrest: Karnataka Congress cries foul, holds protests across state

Politics
A special court in Delhi granted the Enforcement Directorate (ED) 10-day custody of Congress strongman DK Shivakumar.
Rattled by a special court in Delhi granting the Enforcement Directorate (ED) 10-day custody of Congress legislator DK Shivakumar on Wednesday for interrogation till September 13 in an alleged money laundering case, the party's Karnataka unit slammed the BJP for indulging in revenge politics on its senior leader. "The BJP is misusing the I-T, ED and CBI as a pretext against its political opponents... no such revenge politics has ever been seen in the history of the country. Such incidents have spiked after Narendra Modi became the Prime Minister for the second term," said the Karnataka Pradesh Congress Committee (KPCC) in a series of tweets. The ED arrested the 57-year-old Congress troubleshooter on Tuesday after four days of interrogation in the case under the Prevention of Money Laundering Act, 2002, and sought his remand for custodial questioning on the grounds that he was evasive in replies and non-cooperative in responding to a number of questions. "We condemn the BJP's ploy, deception and fraud. A referendum will be held to answer this," said party's state unit president Dinesh Gundu Rao after a meeting of the party leaders at its office. The party leaders also discussed the kind of hate politics the BJP was practicing against the opposition parties and their leaders. "@DKShivakumar is being punished for blocking operation 'Kamala' and preventing (the) BJP from snatching power. He had also pulled off a prestigious RS (Rajya Sabha) election win in Gujarat from under the nose of (its national president) Amit Shah. No wonder DKS was arrested. Hardcore criminals are in power now! #ReleaseDK," tweeted the Congress Seva Dal. Noting that such incidents like the arrest of Shivakumar and its other senior leader P. Chidambaram by the CBI on August 21 put the country's democratic system at risk, Rao said there was need for everyone to work together to convince the people of the truth. Though the ED counsel sought 14-day custody of Shivakumar, Special Judge Ajay Kumar Kuhar allowed only 10 days' remand till September 13, observing that the income of the accused had a "phenomenal growth" while he was in important position. Shivakumar was a senior cabinet minister for energy in the Congress government from 2013-2018 and Water Resources in the 14-month JD-S-Congress coalition government from May 23, 2018 to July 23, 2019. In his nomination to the Election Commission for contesting in the 2018 state assembly elections, Shivakumar declared in an affidavit that he and his family had a whopping Rs 840-crore worth assets, including lands, houses, investments, bank balances and properties as against Rs 251 crore he had before the 2013 assembly elections, a staggering 235 per cent jump in 5 years. Shivakumar has been under the scanner of the Income-Tax department over the last 5 years for various real estate and commercial deals he struck as a businessman and an investor. Raids on his residential and official premises in early August 2017 led to recovery of incriminating documents, files, records and Rs 8.6-crore unaccounted cash in his Delhi flat, indicating illegal transactions in crores of rupees. "Political vendetta has become stronger than the law in this country," said Shivakumar soon after the judge pronounced the order. Refuting the Congress tirade, BJP general secretary B.L. Santosh said for the grand old party, democracy is in ICU (intensive care unit) when its leaders face probe. "Then CM of Gujarat Narendra Modi submits to the notices of (probe) agencies, comes out untainted... then HM of Gujarat Amit Shah submits to the laws of land and comes out unscathed... and then CM of Karnataka B.S. Yediyurappa faces judicial trial and gets clean chit .... Never was democracy in danger. Now, Congress leaders are under scrutiny... Democracy gets admitted to ICU. There is a limit Congis. Nation understands you perfectly," tweeted Santosh.
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