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Friday, November 8, 2019

Doctors protest: Members of pro-Kannada group that attacked Bengaluru doctor detained

Protest
This comes amidst the statewide bandh on all non-emergency services declared by the Indian Medical Association on Friday.
Seven days after doctors in Bengaluru started their protests, around thirty people belonging to the pro-Kannada outfit Kannada Raksha Vedike (KRV) were taken into police custody on Friday in connection with the probe into the attack on the PG student doctor at Bengaluru’s Victoria Hospital. “No arrests have been made, we are just conducting preliminary investigations. Around thirty people have been brought into our custody and discussions are underway,” a police official from the VV Puram station said to TNM.   While no official decision has been announced with regards to the protests, discussions are being held and updates are expected shortly.  It all began one week ago on November 1 when a mob of around thirty people stormed into the outpatient clinic of the Minto Eye Hospital located inside the campus of Bengaluru’s Victoria Hospital. The mob, allegedly comprising of members of the pro-Kannada group Kannada Raksha Vedike, surrounded a female postgraduate student doctor who was on duty and began asking her about an earlier incident which took place in July. When she replied in English, the agitated group attacked her, asking why she was not speaking in Kannada. KRV members TNM spoke to earlier, however, had claimed that they were there to ‘seek compensation’ on behalf of those who had lost their vision after their cataract eye surgery went wrong. Following the attack on the doctor, a complaint was lodged with the VV Puram Police by Dr HS Satish, the Dean of Bangalore Medical College (BMC), which is associated with Victoria Hospital.  The next day, November 2, doctors from Victoria Hospital and medical students of BMC began protesting outside the outpatient block of the hospital. Consultants were sparse in the clinics of the hospital as many took to protesting against the attack on the doctor. As the indefinite strike at the Bengaluru hospital continued, the Karnataka branch of the Indian Medical Association took cognisance of the issue and declared that a statewide bandh of non-emergency services would be in effect on Friday.      
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Disqualified Karnataka MLAs move SC, want December 5 bye-polls to be deferred

Court
While the Supreme Court refused to direct the Election Commission to defer the polls, it has agreed to hear the MLAs’ plea.
The disqualified MLAs in Karnataka on Friday moved the Supreme Court seeking that the bye-elections in the state be deferred till the court pronounces its decision on their disqualification. The bye-elections are scheduled to be held on December 5.  The 17 Karnataka rebel MLAs of Congress and JD(S) have moved the court challenging their disqualification by the then Speaker of the Legislative Assembly. While the Supreme Court refused to direct the Election Commission to defer the polls, it has agreed to hear the MLAs in court.  Earlier this week, the Supreme Court told the Congress party that the judgement is ready in the Karnataka disqualification case and asked the party to wait for the verdict. The court was hearing the application moved by Congress counsel Kapil Sibal, asking the court to take on record the audio tape, allegedly of Karnataka Chief Minister Yediyurappa, as evidence in connection with the 17 disqualified MLAs' case.  On October 15, a bench of Justices N V Ramana, Sanjiv Khanna and Krishna Murari, after three days of continuous hearing, reserved its judgement in the case and asked the counsels to submit documents related to the matter. In July, the then Speaker K.R. Ramesh Kumar had disqualified the MLAs, rejecting the resignations tendered by them. Those MLAs had remained absent from the House on July 23 when former Chief Minister H.D. Kumaraswamy put the confidence motion to vote. The disqualified legislators had moved the top court, challenging the Speaker's action saying it was in gross violation of the apex court orders, and that it was illegal and unconstitutional. The rebel MLAs stated that the Speaker overreached his mandate under the Constitution while taking a decision on their resignation and then disqualified them against the law and the directions given by the top court. A battery of senior advocates appeared in the case. Senior advocates Kapil Sibal, Rajeev Dhavan, Devadatta Kamat and K Shashi Kiran Shetty represented Congress and JD(S) parties. Senior advocates Mukul Rohatgi, C A Sundaram, V V Giri, A K Ganguli, K V Vishwanathan appeared for the MLAs. (With IANS inputs)
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‘Stopped covering stormwater drains with concrete slabs on KSPCB direction’: BBMP to HC

The Karnataka High Court was hearing a PIL related to deaths owing to people falling into drains during heavy rain.
The Bruhat Bengaluru Mahanagara Palike (BBMP) on Thursday told the Karnataka High Court that it had stopped covering stormwater drains (SWDs) with concrete slabs, based on a Karnataka State Pollution Control Board (KSPCB) direction, reports said.  The HC Division Bench, comprising Chief Justice Abhay Shreeniwas Oka and Justice SR Krishna Kumar, was hearing a PIL related to deaths owing to people falling into drains during heavy rain. The KSPCB direction in turn, was based on the National Green Tribunal’s (NGT) July 2018 directions in a case related to such drains in Haryana, reported The Hindu. The BBMP also said that it had not taken any expert view on the issue and only went by the KSPCB directions. But later, the BBMP got technical advise from M Inayathulla, a professor of Visvesvaraya College of Engineering, Civil Engineering Department (PG-Water Resources Engineering). Inayathulla had opined that covering drains would make it susceptible to choking and accumulation of silt, leading to flooding, after he visited certain SWDs. This submission was made by BS Prahallad, BBMP’s chief engineer, SWD, in an affidavit. The Times of India reported that the submission mentioned an experience in Peenya Industrial Area where in one instance, slabs had to be broken to clear the silt. The Hindu quoted the expert view from Inayathulla as stating that illegal sewage outlets are harder to detect in covered drains, and open SWDs help in aeration of sewage and increases the self-cleaning capacity of drains. In an earlier hearing, it was reported the court was told that chain link fencing done by the BBMP was not sufficient to prevent people falling into SWDs. According to data maintained by BBMP itself, just 230.68 kilometre length of SWDs of the total length of 842 km has been fenced and there is a proposal to fence only another 125.38 km by the end of 2021.  
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Three players of national basketball team involved in roadside scuffle in Bengaluru

Sports/Controversy
The scuffle reportedly took place as the players were returning to the national camp on Wednesday night.
Amjyot Singh/ Facebook
Three players of the Indian national basketball team — Amjyot Singh, Arshpreet Bhullar and Amritpal Singh, were allegedly involved in a roadside scuffle in Bengaluru on Wednesday, media reports said.  According to the Times of India, a three-member inquiry committee of the Basketball Federation of India (BFI) is probing the incident. The Indian basketball team is in Bengaluru to take part in the national camp. The scuffle reportedly took place as the players were returning to the national camp on Wednesday night and were injured in a road accident. The story came to light as Amjyot Singh posted a photo of his injured knee and arms on Instagram and accused the BFI of “suppressing” his voice.  The Indian Express reported that the fight resulted not only in injuries but also a damaged gold chain and broken spectacles. The TOI report said the trio of Amjyot, Arshpreet, and Amritpal, and an under-17 campaigner, had stepped out of the campus on two bikes without informing the officials or coaches in charge of the camp.  The four have now been issued show cause notices on why they violated the camp’s protocol, confirmed BFI secretary general Chander Mukhi Sharma to TOI. He said, “Since the two met with the accident, they feared that their act of indiscipline would come out in public. Arshpreet was furious about Amjyot not riding the bike carefully and fought with him. A scuffle broke out and the two hit each other.” However, the IE report claims that the fight ensured after Amjyot was allegedly forced by Arshdeep to consume alcohol.  “Last night, Arshdeep, Amritpal and I went to the nearby hill outside our training centre as it was our day off from practice. Arshdeep offered me coke which had rum in it and we had a minor altercation,” Amjyot told IE. Incidentally, Amjyot is not new to controversy. He was earlier banned for a year by the BFI along with another player Palpreet SIngh for allegedly slapping Arshpreet and then team captain Yadwinder Singh, during the Commonwealth Games in Australia. The Indian team is set to play in the South Asian Games that will be held in Nepal from December 1 to 10. 
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Thursday, November 7, 2019

Centre denies plan to allow machines to be used in NREGA

Rural Issues
Officials from Andhra Pradesh and Karnataka have denied making any request to allow the use of machines in the rural employment scheme.
Alarm bells went off among state government officials in Andhra Pradesh and Karnataka overseeing National Rural Employment Guarantee Scheme (NREGS) implementation when reports claimed that the Centre was willing to allow the use of machines in the rural employment scheme. The report that came out on Thursday claimed that three states had sent proposals in October to the Centre to allow the use of machines were under “active consideration”. Those working closely with the rural employment scheme in Andhra Pradesh say if machines are allowed, it would wreck the livelihoods of those who depend on the scheme. However, Panchayath Raj department officials from Andhra Pradesh and Karnataka have denied that any such proposal was made to the Centre by them. Furthermore, a Union Ministry of Rural Development (MoRD) official speaking to TNM also denied having received such a proposal from the states or even considering allowing the use of machines for works under NREGS. Report quoting unnamed official A report that first appeared in the Hindustan Times on October 30 claimed that Andhra Pradesh, Madhya Pradesh and Karnataka had written to the Ministry of Rural Department seeking relaxation in rules to allow the use of machines for executing projects in difficult terrain. The report quoted an unnamed official, who said, “The states feel that a limited exemption of use of heavy machines or bulldozers in such difficult terrain can actually help the scheme and also meet construction targets.” The official cited in the report had said that the proposal if accepted, would be done through executive orders and not through an amendment to the NREGA Act in Parliament. Under NREGS, works executed by the programme implementation agencies shall be performed only by using manual labour and no labour displacing machines can be used. On November 7, another report appeared in the Hindustan Times citing two unnamed officials as saying that the Centre was “actively considering” the proposal sent by the three states. The officials told the newspaper that even if machines were allowed for certain work under the scheme the wages of workers would not be affected. “We have received the proposals. We are actively considering proposals to allow machines in a very limited way in NREGS,” a senior rural development ministry official told HT on Wednesday. No proposal sent, no proposal received However, speaking to TNM the Andhra Pradesh Panchayat Raj department Additional Commissioner for NREGA, Balasubramaniyam said, “We have not sent the Centre any such proposal, the report is false. Any use of machines that are in the scheme requires an amendment to the NREGA Act,”. The Karnataka Panchayath Raj department Joint Director (Technical) for NREGA, VM Mahesh also denied the state had sent any such proposal that would affect NREGA workers, “We do use machines such as road rollers or compressors for building roads, but any other machines that will displace workers would require a request that comes from the block level and only after reviewing the need of it, is permission granted. ” Amarjeet Sinha, Secretary, Union MoRD told TNM that no such proposals were received from any state by the Centre either, “We will not be taking any measures that would impact the poorest in the country who depend on NREGA for a livelihood. Some states (such as Karnataka and Andhra Pradesh) where the market rates are high we have received complaints from the state that there have been instances where machines were used and fake rosters of workers were sent for approval. There are no plans to allow machines for use in NREGA,” Madhya Pradesh NREGA commissioner's office was unavailable for a comment Those working for the better implementation of the NREGA scheme in Andhra Pradesh say if the state or the Centre allows the use of machines it would severely affect the livelihood of tribal communities in the Eastern Ghats where the terrain is rocky, “Such a move would pave the way for the contracts to make their way into works under NREGS. During summer the particularly vulnerable tribal groups they rely a lot on NREGS for their sustenance and survival, allowing machines would deprive them of a livelihood,” said Chakradhar Buddha, program manager, with Libtech India, a group of team of engineers, social workers and social scientists working with tribals in Andhra Pradesh and Telangana. “We have been demanding for years that the Eastern Ghats areas should be by default be declared as rocky soil, the state government has always denied as they look at work allotment on a case by case basis. Thus only 5% work gets allotted under this category, this results in a lot of workers not getting the work and wages they deserve,” he pointed out, adding that if machines are allowed for the work, it would only benefit the contracts and the big farmers who want to retain the NREGS workers as agricultural labourers in their farms. Both Andhra state government and the MoRD told TNM that they would be sending rejoinders to Hindustan Times for factual inaccuracy over the two reports.
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Outpatient services at K’taka hospitals to be affected on Friday as IMA declares bandh

Protest
The Indian Medical Association (IMA) has announced the bandh in a show of support for the postgraduate student who was attacked by a pro-Kannada group at a hospital in Bengaluru.
Doctors protest at Victoria Hospital
Six days into the protests by doctors at Bengaluru’s Victoria Hospital, the state branch of the Indian Medical Association (IMA) has announced a statewide bandh on Friday. The outpatient services at all hospitals in Karnataka will be affected. Speaking to media, Dr Srinivas, IMA Karnataka’s Secretary, said that the decision was taken to show their support for the postgraduate student from Bangalore Medical College, who was assaulted by a pro-Kannada group on November 1. Several resident doctors and medical students from the college have been protesting since November 2 at the government-run Victoria Hospital, which is affiliated with Bangalore Medical College. On Friday, a postgraduate student was mobbed by members of the Kannada Raksha Vedike (KRV).  This was after two patients lost their eyesight after a cataract surgery performed at Minto Eye Hospital (attached to Bangalore Medical College) in July. According to reports, the two patients approached the KRV group, who, in turn, reached the eye hospital. A video of the incident shows the mob walking into the hospital and accosting the female doctor, who was tending to patients in the ophthalmology outpatient clinic at the time. The men are seen chanting different slogans like: “We want justice”, “we need a solution”, and “down, down to the doctors of Minto”. However, things took a turn when the postgraduate student replied to the mob’s enquiry in English, after which they began asking why she wasn’t speaking in Kannada. Following this, doctors have been protesting on the premises of Victoria Hospital and boycotting the non-emergency medical services. Dr HS Satish, the Dean of Bangalore Medical College and Research Institute, also filed a complaint at the VV Puram police station. The police registered an FIR against unknown persons of the KRV group, although they are yet to be arrested. The protesting doctors have demanded action against the perpetrators. “It has been almost a week and no arrests or action has been taken against those who attacked the student. We, at IMA, have decided to stand by the doctor and have declared that there will be a statewide bandh on Friday. All outpatient facilities and non-emergency medical services will be boycotted,” stated Dr Jyothi, a member of the Karnataka IMA.
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How this Bengaluru cop’s airtight case brought justice to Dell techie Payal Surekha

Crime
Inspector Umesh SK came under fire from the CBI and was accused of concocting evidence. He stands vindicated.
Nine years after she was brutally murdered, the family of Payal Surekha finally got justice on Wednesday when a CBI Special Court found a gym trainer, James Ray, guilty. He was sentenced to life imprisonment. This brutal murder of the 29-year-old techie shook Bengaluru and had raised several doubts about the police investigation. The controversial and widely-covered case took several turns but ultimately, it is not only Payal’s family that got justice, but also the lead investigator in the case – Umesh SK. Umesh SK was posted as the Inspector of JP Nagar Police Station in Bengaluru and was falsely accused of botching up the investigation. The accused James Ray and Payal’s parents – Kanthadevi and Dindayal Surekha had strongly believed that Payal’s husband Ananth Narayan Mishra was behind the murder. Dindayal had accused Umesh SK of concocting evidence and framing James. Umesh was also accused of fabricating evidence in order to protect Ananth as the latter’s parents were retired police officers.  As the state debated the safety of women, and the media made it a headline on a daily basis, Umesh received much flak. Not convinced by the line of investigation, Dindayal approached the Karnataka High Court and accused Umesh of botching up the probe. Umesh was dealt a huge blow as the case was handed over to the Central Crime Branch and subsequently, two separate CBI probes were conducted. Years later, Umesh SK’s investigation stood ground and James has now been convicted of the murder. Convict James Ray Speaking to TNM, Umesh SK, who is now the Deputy Superintendent of Police (Intelligence), says that he feels validated as the allegations could have cost him not just his reputation, but also his career. “This was not a case where the CBI took over the probe before the charge sheet was filed. I had conducted the investigation, had hard evidence against James and had also filed a chargesheet against him in the court. The CBI probe began after I filed the chargesheet. These were serious allegations against me. My reputation, all my achievements and medals were at risk but I came out clean. I knew I did nothing wrong as I had done my job right,” DySP Umesh says. Umesh SK's initial probe On the evening of December 17, 2010, JP Nagar Police received a call from Ananth Narayan Mishra, Payal’s husband, that she had been killed. Ananth, who was in Odisha’s Cuttack, had called Payal’s mobile phone multiple times during the day. When Payal did not answer the call, Ananth asked his house-owner to check on Payal. The house-owner, who had a spare key, had opened the door to the apartment and had found Payal in a pool of blood. Her throat had been slit and she had stab wounds all over her body. He informed Ananth of the incident, who alerted the police. When the JP Nagar Police arrived at the spot, investigating officer, Umesh SK had instructed the team to collect and catalogue all material evidence available at the crime scene. Umesh had insisted that samples of hair be collected from various rooms in the house. As is usual in such cases, the police first suspected Ananth Mishra and took him in for questioning. After several hours of grilling him, Umesh says that it became evident that someone else had committed the crime. Ananth had revealed the names of all the persons who Payal had altercations with, and one among them was James Ray. The JP Nagar police had requisitioned James Ray’s call records and found that he was in RBI Colony at the time of the murder. The James Ray connection James Kumar Ray was a former employee at a gym owned by Ananth Mishra and Payal Surekha in Odisha’s Cuttack. In 2008, Payal fired James Ray after she accused him of embezzling money from the gym. James was sacked and Ananth had given him a settlement amount of Rs 75,000. Payal and Ananth relocated to Bengaluru when she got a job as a technical associate at Dell Corporation. Ananth travelled to Cuttack every month to oversee the management of the gym. However, James Ray, who had moved to Hyderabad with his family in the interim, was unemployed. In November 2010, James contacted a mutual friend of his and Ananth’s – Bhavani Shankar and asked him for help to obtain a job. Payal Surekha and Ananth Narayan Mishra on their wedding day Bhavani Shankar had promised James to help him find a job. He had also informed James that he would ask Ananth to look out for openings. On December 11, 2010, James Ray arrived in Bengaluru to meet Bhavani Shankar. The duo landed up in Ananth’s home. Payal, however reprimanded Bhavani Shankar for bringing James to his house and refused to help James. James went back to Hyderabad and decided to kill Payal. He boarded a bus to Bengaluru on the night of December 16. He reached Payal’s home at around 10 am on December 17 and one of the residents of the building – Munavar Ali, had seen James go up to Payal’s house. James was arrested in Hyderabad on December 22. The police recovered a jacket, which had bloodstains and hair on it; a knife and spectacles from the catchment area of the Puttenahalli Lake. The hair and blood on the jacket matched Payal’s and the blood on the knife had also matched Payal’s. The hair found on Payal’s body and the bedsheet in her room was a match for James. James was sent to judicial custody and was lodged at the Parappana Agrahara Central Prison. How James manipulated Payal’s parents A week after he was sent to judicial custody, Payal’s father Dindayal Surekha received a letter from James Ray. When he opened the envelope, there was a handwritten letter from James along with what seemed to look like details of call records belonging to Ananth Narayan Mishra. DySP Umesh says that James had concocted a fake document of call record details of Payal’s husband. This document indicated that Ananth was in Bengaluru on the morning Payal was killed and that Ananth had gone to Cuttack after the murder. James had also said in his letter that the police had tortured him and forced him to confess to killing Payal. “On December 23, when we brought James from Andhra Pradesh to Bengaluru, the victim’s father wanted to speak to him when he was in the police lock up. We had allowed them to speak. In this letter, James told Dindayal that he couldn’t talk in detail at the police station as he was scared of us. He accused me of planting evidence and framing him. He had said that I was trying to protect Ananth as his parents were former police officers. This was the first time I was accused of botching up an investigation. My career was on the line,” DySP Umesh recalls. Meanwhile, Payal’s sister, who had had a falling out with Ananth a couple of months before the murder, had called Dindayal and informed him that Ananth had threatened to kill Payal. How trouble began for Umesh SK Payal’s parents and James had approached the Karnataka High Court in January 2011, seeking a CBI probe in the case. The High Court had directed the Central Crime Branch to investigate the matter. When the CCB probe came to a standstill, Dindayal approached the High Court to order a CBI probe. In November 2011, the CBI took over the case and for a year, they investigated Umesh SK. DySP Umesh says that the CBI probe began with the premise that James was innocent. For a whole year, the CBI team investigated Umesh’s connection to Ananth and his parents – Rudra Narayana Mishra, a retired ACP from Odisha, and Basanthi Devi Narayana Mishra, a retired DCP from Odisha. “The CBI strongly believed that I had planted evidence and coerced a confession from James. They checked my financials, my CDR, my movements were tracked. For a whole year, I was constantly watched and investigated. It was disheartening. I had an air-tight case. I had solid evidence. And yet, I was the one being treated as a suspect,” Umesh said. The second CBI probe After the year, when the investigation went nowhere, the probe was handed over to a second CBI team. This was when the investigators finally began looking at James as the prime suspect. “There was no other line of inquiry that the CBI could have done. All the evidence led to James. Finally, they decided to get the samples and evidence checked at the Forensic Science Laboratory (FSL) in Hyderabad. The results were the same. They found that the CDR James had sent to Dindayal was fake,” DySP Umesh said. In August 2015, the CBI filed a chargesheet in the case and named James as the prime accused. “I was finally validated. The CBI’s chargesheet looks exactly like the one I had submitted to the session court. They used the same witnesses. I still remember taking Munavar Ali (the neighbour) to the jail. We had lined up 22 people. He identified James as the man he had seen on the day of the murder. The CBI also named him as a witness. After five years, everything in the case was still the same,” DySP Umesh says. On Wednesday, the CBI court found James guilty of murdering Payal and sentenced him to life imprisonment. “This was a case that could have destroyed everything for me. But I stood by my word and I had faith in the CBI. Today, I am relieved,” DySP Umesh says.    
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