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Thursday, December 19, 2019

7 unanswered questions left by the Obamacare ruling

It's highly unlikely that the Supreme Court will weigh in before the 2020 election, leaving the health law's ultimate fate in limbo.

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For 4 hours, hundreds of people defy section 144 at Bengaluru's Town Hall

Protest
The protest continued till 4 pm with protesters chanting slogans and holding up placards.
Defying prohibitory orders under section 144 of the CrPC imposed by Bengaluru police, thousands of protesters in Bengaluru turned up on the streets on Thursday to voice their dissent against the Citizenship Amendment Act. The morning began with an uneasy calm as the designated protest site Puttana Chetty Town Hall was turned into a fortress with almost hundred police personnel, three Karnataka State Reserve Police (KSRP) vehicles and BMTC buses kept on stand-by. This was because protesters belonging to citizen groups and left-leaning political parties issued fresh calls for protests. Orders under section 144 prohibits assembly of groups of more than five people, public gatherings and carrying firearms. In spite of the orders, messages were shared on social media at 9 am by collectives of citizen groups and NGOs organising Thursday's protest, confirming that it would go on as planned.  The organisers quoted the phrase "When injustice becomes law, resistance becomes duty” popularised by former American president Thomas Jefferson in their calls for people to protest.  The first set of protesters turned up at Town Hall at 10:45 am. These protesters came alone and chose to remain anonymous but police personnel turned them away from Town Hall.  At 11 am, a group of protesters approached Town Hall from the Unity Building in small groups. This included the historian Ramachandra Guha, who was dragged away by police officials while he was being interviewed by the national broadcaster NDTV. He was heard reasoning with police officials that he had come alone to the protest but he was detained along with a group of 50 protesters. Soon, small groups of protesters made their way to Town Hall consistently. A group of 29 students including from National Law School University of India (NLSUI) began a sit-down protest close to Town Hall. Chetan Singh Rathore, DCP of Bengaluru (Central), urged the students to drop the protests but after the students resisted, they too were detained. Things however changed at 12:30 pm, when hundreds of protesters, mostly residents of nearby areas, gathered on SJP Road close to Town Hall. This group included a large number of Muslims who reside in central Bengaluru areas. The protesters were heard chanting slogans criticising the CAA, NRC and the ruling BJP government. The protesters also chanted slogans like “Hindu, Muslim Bhai Bhai”. Chethan Singh Rathore, along with SJ Park Inspector Tanveer Ahmed, began a discussion with the protesters.  Organisers of the protest told TNM that they were adamant that they would not disperse from the area until the detained protesters were released. Over 200 protesters taken away by the police in Town Hall were detained in SJ Park, Wilson Garden, Chamarajpet police stations and at another location in Adugodi. Soon, hundreds of people including students, lawyers and the general public gathered at Town Hall and joined the first set of protesters. The protest continued till 4 pm with protesters chanting slogans and holding up placards.  Chethan Singh Rathore, DCP, Bengaluru Central, relented to the request from protest organisers. Speaking to TNM, he said, "We agreed that no cases would be booked against the protesters who gathered at Town Hall in the afternoon if the organisers convinced everyone to disperse peacefully from the area. However, we have booked 20 protesters under Section 188 of IPC at the SJ Park Police Station." Around this time, Karnataka Chief Minister BS Yediyurappa told reporters that the “police cannot take the law into their own hands” and that the police “should only take action if someone is creating law and order problem”. “I have come here to protest because the government here does not want to hear our voice. We are talking about equality and humanity and not about divisions. Then why is it that the police force is being used to stop us from voicing our concerns about the CAA,” Gikki Aluakh, a resident of Bengaluru who was at the protest said. Another protester Tanveer Ahmed likened Thursday’s protest to civil disobedience. “The public has defied Section 144 and this is a great step towards civil disobedience. The CAA is anti-constitutional and come what may, we don’t want CAA or NRC in this country, ” Tanveer said.  Three-and-a-half hours after the protests began, the crowd dispersed at 4 pm. The organisers of the protest, buoyed by the success of Thursday's agitation, are planning further protests in the city once the prohibitory orders in the city end at midnight on December 21.    
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IMA ponzi scam: CBI seeks sanction to prosecute two IPS officers, 4 others

Crime
IPS officers Hemant Nimbalkar of 1998 batch and Ajay Hilori of 2008 batch were earlier probed by the central agency.
PTI
The CBI has sought sanction to prosecute six Karnataka officials, including two senior IPS officers posted in the state, as the agency plans to file a supplementary charge sheet detailing their alleged role in aiding the Rs 4,000-crore I-Monetary Advisory (IMA) ponzi scam, officials said Thursday. It is alleged that IMA and its sister ponzi companies had lured gullible investors offering higher returns on their investment using Islamic ways, they said. The CBI has written to the Karnataka government seeking nod for prosecuting IPS officers Hemant Nimbalkar of 1998 batch and Ajay Hilori of 2008 batch. The residences of the two officers were searched by the CBI earlier this year, they said. While Nimbalkar was posted as the then Inspector General of Economic Offences, Hilori was the then Deputy Commissioner of East Bengaluru, the sources said. Besides, the CBI has also sought similar sanction for the then Deputy Superintendent of Police CID EB Sridhara, Inspector and SHO Commercial Street Police Station M Ramesh and sub-inpector of the station P Gowrishankar and the then Assistant Commissioner Bengaluru North Sub Division LC Nagaraj. Sridhara was the inquiry officer and Hemant Nimbalkar was the supervisory officer in the enquiry done by CID EOW into activities of IMA group entities, the sources said. The agency has found in its probe so far that more than Rs 4000 crore of deposits were illegally raised from lakhs of innocent investors, but the CID of the state gave a clean chit to the company and its promoter-director Mohammed Mansoor Khan. As a result, activities of IMA group continued unhindered which facilitated collection of hundreds of crore from thousands of innocent persons, the agency alleged. Nagaraj also enquired into the affairs of IMA and gave a clean chit without conducting proper probe. The clean chit was given on the grounds that no unauthorised deposits were collected and investments of partners, limited liability, partnership are exempted under KPID Act, the agency has found, they said. The agency probe shows that Hilori, directly supervising the work of Ramesh and Gowrishankar, had failed to register cases in spite of receiving written complaints from the state government officials and social activists, the sources said.
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Did imposition of Section 144 backfire in Bengaluru? Hundreds turn up to protest

Protest
The protesters who showed up were not just against CAA – but also against the imposition of section 144 by the police.
Around 12.30 pm on Thursday, hundreds of people gathered around 50 metres away from Bengaluru’s Town Hall. Despite the police insisting that they disperse, the protesters marched to the Town Hall, and within minutes, the crowd swelled. This large a crowd is seldom seen at Bengaluru protests, and what made this gathering unique was that they had defied Section 144 imposed in the city and turned up at noon, even though almost a hundred people had been detained in the morning.  The Bengaluru police had initially not allowed any protests, but on Wednesday, Police Commissioner Bhaskar Rao said that peaceful sit-in protests would be allowed. Protests were slated to occur at two different locations in Bengaluru on Thursday and the organisers were relieved. But within two hours, the Commissioner changed his stand and announced that Section 144 would be imposed from 6 am on Thursday and no protest will be allowed. Protesters being detained at Town Hall on Thursday morning The outrage against this clampdown was immediate. Within minutes of the announcement, a motley group of protesters reached the Town Hall on Wednesday night.  By Thursday, this anger grew as more people started questioning why the police imposed Section 144 on the 68 million people in the state without any direct or proximate threat. And this resulted in people coming in waves to Town Hall and Mysore Bank circle, without worrying about the consequences of defying Section 144. Historian Ramachandra Guha, who was present at the protest at Town Hall, said that people were turning up not just against CAA but also to speak against the imposition of section 144. “Section 144 is a colonial law. The British Raj used section 144 to suppress Gandhiji’s movement. I feel sorry for the police that those in Delhi are giving them orders. Gandhiji fought for plurality and the BJP government is going against the ideals of pluralism,” Ramachandra Guha said. Sir, your good name? @Ram_Guha on protesting against section 144 #CAA_NRC #CAAProtestPlacards @thenewsminute pic.twitter.com/kITG3ZfFag — Theja Ram (@thejaram92) December 19, 2019 Many protesters called the imposition of Section 144 as government clamping down on their fundamental right to free speech. “There was already anger among people and especially youth about the discriminatory laws. And people wanted to protest. After not getting permission, the police gave permission and just two hours later, section 144 was imposed. This obviously angered people. And conveniently, section 144 is going to be lifted to accommodate a pro-CAA rally on December 22. This obviously shows what the government is trying to do and so people showed up to express their anger,” said Maitreyi, a lawyer at Alternative Law Forum and one of the organisers of the protest. More protesters turn up at Town Hall. Fresh crowd showed up after police detained protesters in the morning. @thenewsminute @prajwalmanipal pic.twitter.com/UynpbEQ9mQ — Theja Ram (@thejaram92) December 19, 2019 Speaking to TNM, Leelavati, Bengaluru North district secretary of CPI(M), said that they had not expected this kind of crowd, had the protests been held normally – without section 144 in the picture.  "We expected people to show up for the protest as many were enthusiastic about it. But we did not expect the kind of crowd that was there at Town Hall today. The second wave of protesters were a mixed crowd. Some people, who were not part of any groups, also showed up to protest. There was obviously anger about the police not giving permission to protest," Leelavati, who was present at the protest by Left parties at Mysore Bank Circle said.  The police had called them on Wednesday evening and informed them that no protests could take place. “We were all ready for the protest as we had got permission and suddenly, they imposed section 144. This was obviously done to curtail our right to protest. Without protesting, how can we communicate our outrage to the government? We were outraged that section 144 was imposed and so we gathered to protest anyway. We did what we had promised to, and sat down to shout slogans,” Leelavati said.   
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Curfew imposed in parts of Mangaluru after violence in anti-CAA protests

CAA
Videos from Mangaluru show shots being fired in the air by the police, who also used tear gas and lathicharge to disperse protesters.
Screengrab
Curfew has been imposed in parts of Mangaluru until midnight on Saturday (December 21) after violence in protests in the city.  Police at Urwa, Bunder, Barke, Kadri, which falls under Mangalore Central Subdivision made the announcement about curfew using loudspeakers.   Tension prevailed in Mangaluru as police clamped down on protesters who were agitating against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). Videos from the spot show shots being fired in the air by the police, who also used tear gas and lathicharge to disperse protesters.  Over 100 protesters who had gathered near the bus stop near the Deputy Commissioner’s office on Thursday were lathicharged by the police after an argument broke out between the protesters and the police.  Protesters had defied prohibitory orders under section 144 of the CrPC which was imposed late on Wednesday night. Section 144 prohibits the assembly of more than five persons. Many of the protesters were holding placards which read 'withdraw CAA and NRC' and 'CAA is against Constitution'. According to reports, some protesters hurled stones at the police. PTI reported that protesters donning helmets were seen hurling stones at policemen. The police then began to lathicharge the protesters.  Dramatic visuals also showed police surrounding protesters who had assembled on the streets and hitting them with lathis. The police were also seen running after protesters, hitting them and throwing lathis at them. Several protesters were injured.  Former Mayor Ashraf tried to convince protesters and requested them to withdraw their protest. However, the angry protesters allegedly attacked him. Ashraf suffered serious injuries and was shifted to hospital by the police. Ashraf is a former Congressman who switched to JD(S) in 2018. Police lathi charge anti-CAA protesters in Mangaluru @thenewsminute #CAAProtest pic.twitter.com/pc7oYX2lm5 — Theja Ram (@thejaram92) December 19, 2019 Stone pelting was also reported at Hamilton Circle, Central Market and State Bank in Mangaluru. Reports also stated that Mukyaprana Temple and Bunder area witnessed stone pelting. The Karnataka state police have been called in from neighbouring districts, including Udupi. The Samastha Kerala Sunni Students Federation had called for the protests but had later postponed the protest, in the wake of the police imposing Section 144. However, many had gathered as messages regarding the protest had already been circulated on WhatsApp. After the clashes, security was beefed up at the Deputy Commissioner's office and other areas of the city to avoid untoward incidents. A quick reaction team has also been deployed in the city, sources said. Section 144, which was imposed from Thursday morning, will be in force till December 21 midnight. Several other parts of Karnataka also witnessed massive protests against the CAA, including state capital Bengaluru, where hundreds of people were detained for violating Section 144.   With inputs from Story Infinity
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Thousands of people in Kalaburagi turn up to protest against Citizenship Act

CAA
Congress MLA from Chittarpur Priyank Kharge and Gulbarga Uttar MLA Kaneez Fatima addressed the crowds.
A massive protest, the largest in North Karnataka, took place in the town of Kalaburagi against the Citizenship Amendment Act (CAA). Thousands were part of the protest march and came out defying Section 144 notification that was imposed on the entire state of Karnataka from 6am on Thursday. According to some estimates, around 15,000 people turned up on the streets. No incidents of violence were reported from Kalaburagi. Around 5,000 people took part in the protest initially, but then crowds began to swell The protesters marched through the entire town, and the protest gathered steam as more people joined in. In the beginning, there were around 5,000 people, according to local channels, but crowd swelled very soon. The protest went through the town, past Nagawarsha school in Kalaburagi, crossed the markets and went all the way to the Jagath circle. At the Ambedkar statue, Congress MLA from Chittarpur Priyank Kharge and Gulbarga Uttar MLA Kaneez Fatima addressed the crowds. The crowd shouted slogans against the Modi government and against CAA and NRC. According to some estimates, around 15,000 people traversed through the town's main roads.  Kalaburagi against #CAA_NRC #CitizenshipAmendmentBill People are coming out voluntarily to protest against #Section144. #CAAProtests are increasing & I hope better sense will prevail over the BJP leadership to repeal this act which divides India on religion lines. pic.twitter.com/lWrh5o1MBM — Priyank Kharge / ಪ್ರಿಯಾಂಕ್ ಖರ್ಗೆ (@PriyankKharge) December 19, 2019 Sources said that MLA Kaneez Fathima was the major catalyst in mobilising citizens. All local Congress corporators reportedly came out in support of the protest. The protesters dispersed at around 3 pm. The Kalaburagi protests were among multiple protests that took part in the state, despite Section 144 orders. Not just in Kalaburagi, there were protests in many districts of Karnataka, including in Bengaluru. The protests turned violent in Mangaluru where police had to lathicharge and use tear gas shells. A curfew has been imposed in Bengaluru. Read also: Historian Ramachandra Guha detained at Bengaluru's Town Hall for protesting CAA-NRC  Don't take law into your hands, Karnataka CM Yediyurappa tells his police
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Anti-CAA protests: Bengaluru man dislocates shoulder after cops allegedly manhandle him

CAA
John* was near Town Hall in Bengaluru when he was allegedly manhandled by the police.
A Bengaluru man has landed in hospital after the Bengaluru police allegedly chased him, manhandled him, causing him to dislocate his shoulder when they found him and his wife recording videos near Town Hall, where protests have been taking place against the Citizenship (Amendment) Act. Thousands of people took to the streets in the city despite section 144 being imposed in Bengaluru. Hundreds were detained by the police too. Protesters had started gathering around 11 am at Town Hall, and John* and his wife Vidhi* were at Unity building, which is about 300 metres away from there. Vidhi was recording videos of police officials outside the Unity building’s campus forcing people to leave, and from going towards Town Hall. “We were not even participating in the protest. It was just the two of us and our friend Roshan was standing some distance away. But as soon as the police officials passing by saw us, they asked what we were doing there and that we should leave. I asked what was wrong with what I was doing,” Vidhi recounts. Roshan corroborates the same. “We were not even participating in the protest, neither were we standing in a group. But they just started shouting at us to leave.” “As soon as this happened, the security personnel inside Unity building also started pushing us around. Then, some police officials sent some policewomen to take me away from there,” Vidhi adds. In a video of shared with TNM by Vidhi, one can see a group of police officials ushering people away from Town Hall. Then, when they spot Vidhi, the camera shows a group of eight women police officials and one more person in civilian clothes, telling her and her husband to move along. Soon, a larger group of police officials, many of them in riot gear, are seen reiterating the same. They are standing at a higher elevation on the other side of the wall of Unity building. In another video, one police man and some others in civilian clothes and a security personnel – presumably from Unity building – are seen ushering Vidhi and John out of the building. They can be seen complying, saying they are leaving. However, John says to not touch him or Vidhi. They are seen walking away when suddenly, a group of police officials come there. They catch up to Vidhi, John and Roshan, who is recording the video, and suddenly start forcing them to come with the police. “They tried pushing me, and I said, I am going, I am going. But there were so many of them, at least 10,” Vidhi says. “There was one police official who just suddenly said to take us away. Then all of them started pulling me and John apart. We were standing together because we were surrounded. The policewomen were pulling me, and the other male cops were pulling John. We were not letting go of each other.” Vidhi says that they were not even resisting and they were leaving only. “My husband was trying to get out of their grasp, and in the process his shirt tore. He fell on the pavement, and he just ran in another direction to get away, and the police chased him. In the pushing and pulling, his shoulder got dislocated.” In another video, John can be seen with his shirt torn almost completely from the back, with one arm – the one where he dislocated his shoulder – hanging limp. “The police officials pulled his arm so hard that his shoulder got dislocated,” Roshan alleges.   Meanwhile Vidhi made her way to their friend’s house which was nearby, as did John. Once they reached there, she called up her friends and family, and decided to take John to the hospital. TNM has a record from the hospital confirming that John’s shoulder had to be relocated. *Names changed
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