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Friday, December 20, 2019

Section 144 in Bengaluru: K’taka HC gives interim relief to anti-CAA protesters

CAA
The HC had also said that it will also examine the legality of the Section 144 order put by Commissioner of Police when the case is again heard on January 7, 2020.
Representational Image
The Karnataka High Court on Friday reiterated that people have a democratic right to protest and express their dissent on government’s decisions about issues of importance. This observation was made as a bench led by Chief Justice AS Oka was hearing petitions challenging the prohibitory orders under Section 144 for three days in the state. In a form of interim relief to the petitioners, the HC directed the government to consider fresh applications for the protests. The police will decide in three to four days from the date of such applications, Advocate General Prabhuling K Navadgi said.  Earlier in the day, the state government’s counsel was asked to take directions from the government if it would consider fresh requests for peaceful protests. This, after the HC questioned if the police want to ban all protests by imposing Section 144.  The petitioners including Congress Rajya Sabha MP Rajeev Gowda had approached the court on Thursday against the imposition of Section 144 in the light of multiple collectives seeking permission to protest against the Citizenship Amendment Act. They argued this was a violation of their fundamental rights and challenged the legality of the order issued by the Bengaluru City Police Commissioner as they had prior permission to conduct protests. During the hearing, the state government said the restrictions were imposed based on intelligence inputs received by Bengaluru City Police Commissioner. The state government insisted the prohibitory orders were a means of preventing violence. To this, the CJI noted even this preventive measure curtails the rights of people and such an opinion (intel reprorts) did not reflect in the prohibitory order.  The HC had also said that it will also examine the legality of the Section 144 order put by Commissioner of Police when the case is heard on January 7, 2020. By then the state government has to submit if previously approved permissions for protest can be revoked by such an order. Earlier in the day, the bench also questioned if an author or artist can protest or not if he/she disagrees with a government decision and if the state can assume that every protest will become violent.  Defying Section 144, hundreds of protesters gathered in Town Hall on Thursday. 
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Former Karnataka min and MLA UT Khader booked for sedition for 'provocative speech'

CAA
On December 18, Khader said on Twitter that his speech had been misinterpreted.
Amidst the ongoing curfew and violence across Dakshina Kannada, former Karnataka minister and Mangaluru (formerly Ullal) constituency MLA U T Khader has been booked after allegedly stirring communal disharmony in a speech.  Based on a complaint filed by Sandesh Kumar Shetty, district general secretary, Dakshina Kannada BJP Yuva Morcha, Mangaluru South police have registered the case on December 19, under Sections 124 A (Sedition - any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India), 153 A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 153 (Wantonly giving provocation with intent to cause riot — if rioting be committed — if not committed). In his complaint, Shetty said that the legislator while addressing a protest at Dakshina Kannada Deputy Commissioner’s office on December 17 said, "Karnataka will burn if the Citizenship (Amendment) Act (CAA) 2019 is implemented.” Shetty alleged that Khader had provoked people to indulge in criminal activities. A video of the speech has gone viral and is doing rounds on social media. BJP General Secretary and MP Shobha Karandlaje have shared the clip on Twitter condemning Khader. Even though #CAA2019 doesn't affect any Kannadigas, former minister UT Khader provoked people to burn Karnataka & incited violences! It's really shameful that a former minister instigates public to go against the govt & cause damages to the public properties.#CAAProtest pic.twitter.com/lBZZWmo0iS — Shobha Karandlaje (@ShobhaBJP) December 19, 2019 “If it’s anyone who needs to show a certificate and prove they are citizens of India, it is Prime Minister Narendra Modi and Union Home Minister Amit Shah. Ever since BJP came to power, they are indulging in divide and rule politics, similar to the British rule. They have spoken about implementing CAA in Karnataka which is a peaceful state. Even though different parts of India are burning, Karnataka has maintained peace and is a model state. I would like to advise, appeal and warn the Karnataka Chief Minister that if CAA is implemented, Karnataka too will burn,” Khader is heard saying in the clip. Karnataka BJP president and Dakshina Kannada MP Nalin Kumar Kateel alleged that Khader had incited violence through speech, which Kateel claimed led to communal violence and death of two people in Mangaluru on Thursday evening. Shobha Karandlaje tweeted, “Even though #CAA2019 doesn't affect any Kannadigas, former minister UT Khader provoked people to burn Karnataka & incited violences! It's really shameful that a former minister instigates public to go against the govt & cause damages to the public properties.” Mangaluru North MLA tweeted that UT Khader will be made answerable. “Congress MLA @utkhader 's hate politics has incited violence in #Mangalore leading to loss of 2 lives. You shall be made answerable!” Congress MLA @utkhader 's hate politics has incited violence in #Mangalore leading to loss of 2 lives. You shall be made answerable! — Dr Bharath Shetty (@bharathshetty_y) December 19, 2019 Meanwhile on December 18, Khader said on Twitter that his speech had been misinterpreted. “My speech has been misinterpreted. I did not say that I will set Karnataka on fire. I told if CAB is implemented in Karnataka, then the ruling government has to face severe opposition. Instead of wrongly interpreting my statements and wasting time, please focus on other work,” he tweeted in Kananda. ನನ್ನ ಹೇಳಿಕೆಯನ್ನು ತಪ್ಪಾಗಿ ಅರ್ಥೈಸಲಾಗಿದೆ.ಕರ್ನಾಟಕಕ್ಕೆ ಬೆಂಕಿ ಹಚ್ಚುತ್ತೇನೆಂದು ನಾನು ಹೇಳಿಲ್ಲ.CAB ಕರ್ನಾಟಕದಲ್ಲಿ ಜಾರಿ ಮಾಡಿದರೆ ತೀವ್ರ ವಿರೋಧ ವ್ಯಕ್ತವಾಗಲಿದೆ ಎಂಬರ್ಥದಲ್ಲಿ ಹೇಳಿದ್ದೇನೆ.ತಪ್ಪಾಗಿ ಅರ್ಥೈಸಿಕೊಂಡು ಕಾಲಹರಣ ಮಾಡುವ ಬದಲು ಇತರ ಕೆಲಸದತ್ತ ಗಮನ ಕೊಡಿ.(1) — UT Khadér (@utkhader) December 19, 2019 In his next tweet, Khader blamed the Centre. “By getting new laws, you have set the fire to the northern parts of India. In midst of all this what happened to economic instability in the country? The Centre is just trying to divert attention from real issues by implementing new laws,” he tweeted. ಅಂದಹಾಗೆ ಹೊಸ ಕಾನೂನು ಹುಟ್ಟು ಹಾಕಿ ಉತ್ತರದ ರಾಜ್ಯಗಳಿಗೆ ಬೆಂಕಿ ಇಟ್ಟಿದ್ದೀರ.ಇದರ ನಡುವೆ ಆರ್ಥಿಕತೆ ಕುಸಿತದ ಕಥೆ ಎಲ್ಲಿಗೆ ಬಂತು? ಇದರಿಂದ ತಪ್ಪಿಸಿಕೊಳ್ಳಲು ಹೊಸ ಹೊಸ ಕಾನೂನು ಜಾರಿ ಮಾಡುತ್ತಿದೆ ಕೇಂದ್ರ ಸರಕಾರ.(2) — UT Khadér (@utkhader) December 19, 2019
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Mangaluru police firing deaths: A timeline of what happened on December 19

CAA
Two people were killed and several others injured in police firing in Mangaluru on Thursday. This is what happened, according to eyewitnesses and police.
Courtesy: PTI
The following story has been drafted piecing together views of several people including association members, protestors, law enforcement officials, eye-witnesses, peace committees, former legislators, neighbours, kin and kith of the deceased, to understand the timeline of events that took place on Wednesday in Mangaluru. December 17: In the backdrop of the passage of Citizenship Amendment Act (CAA) by the Union government the Samastha Kerala Sunni Students Federation (SKSSF) makes announcements on its social media groups and handles calling for protest on Wednesday (December 19). The announcement garners a good traction with leaders of several political parties and other organisations committing to join the protest at the DC’s office. December 18: The Mangaluru City Police Commissioner Dr PS Harsha imposes Section 144 of the Code of Criminal Procedure (CrPC) from 9 pm on December 18 to midnight of December 20. After this, the SKSSF decides to call off the agitation and makes public announcements on news media platforms, social media, and Whatsapp groups – that the protest has been deferred to a future date. But, according to Afzal, an acquaintance of Jaleel who died in police firing, not all the participants received the WhatsApp forward or intimation of the deferment of the protest. December 19: Subsequently, even as the leaders or the organisers of the protest are absent, several teenagers and youngsters turn up at the agitation venue at State Bank bus stop (Near DC’s office) on Wednesday at 12 noon. Afzal says not many of them were aware that the Section 144 order has been promulgated. “Moreover, many took inspiration from protest marches in Bengaluru and other cities, where despite the ban by local authorities, people had successfully held peaceful agitations. Since even this protest was on peaceful lines, the youngsters did not pay much heed to the routine police presence and spoke their minds,” he adds. Approximately 12.30 pm: In a largely leaderless event, about 100-odd youngsters sat in front of the DC or Collector’s office – with a few of them talking on the microphone about rights, accusing the Union government of destroying the constitutional values, and demanding that government authorities should not implement CAA and NRC. 01:40 pm: Besides the presence of the earlier stationary police vehicles, locals now report the arrival of additional police personnel and vehicles on the scene. “The new police party that arrived informed us to shut down nearby shops, businesses and hotels and additionally even diverted the city buses that generally drop the last passenger near State Bank and make a quick pit-stop,” Manjunath, one of the local fish traders says. 2.10-2.45 pm: Police authorities say that they started making an announcement to the protestors that Section 144 was in place and the protest needs to be abandoned. “By the time we started making the announcement, about 300 people had gathered. While some of them left the spot, others were adamant. It was getting difficult for us by the minute to control the situation, since the group was absolutely leaderless and every protest participant had their own mind, whether to comply with our orders or not,” a police constable says. 3:00 pm: Police begin lathicharge to disperse the crowd, many of the protestors and even ordinary bystanders (waiting for the buses) near the DC’s office are seen rushing from DC’s office either towards adjacent Nellikai Road or towards Lady Goshen Hospital. “The police resorted to heavy violence and merciless beating of anyone who came within the range of their baton. Even some innocent people, minors were cornered by the police and mercilessly assaulted,” Kishore, a customer who had turned up at a nearby petrol pump says. 3:20 pm: A few agitated youngsters were seen picking up stones, retaliating against the police action, witnesses say. In the process, they damaged a KSRTC bus. “It was then that we had to resort by shelling tear-gas on the protestors to disperse the crowd and even arrested a few as they started getting violent,” police officials claim. Even as the violence continued, Muzair, a member of the local peace committee says that he along with a few leaders contacted Mangaluru Police Commissioner Dr PS Harsha and informed him that they would mediate with the youngsters to give up violence and vacate the place immediately. “We even accompanied Dr Harsha until Bunder Police station, but he had to attend to another area on duty and so he split. But we asked many youngsters near Skanda in Bengre and Bunder road to leave, and they did,” Muzair says. First report of police firing Around 4.30 pm: According to the local residents of Bunder, police started firing with a rifle. “The mob had dispersed across four corners of Bunder road, and were cornering us and attacking from different directions,” a police official says, justifying the firing. “Since the area has scrap shops, bottles and metal objects, the crowd generously used any object at the advance police party. Even the former Mayor Ashraf – who went to mediate with the crowd – was not spared by them and he was injured and we had to resort to firing,” he adds. However, one of the protestors says that it was a police firing that injured Ashraf on his scalp area. The police official further adds that they almost ran out of tear gas while quelling the crowd. “When you are attacked from all sides and outnumbered in those narrow lanes, it is natural for panic and stress to step-in,” he justifies, “The attack was unprecedented, the crowd had cornered us from all three directions even at Bunder police station – which was our only place to fall back to safety. It was only then that select personnel were authorised to fire – to scare the crowd away.” 2 killed, and at least 5 injured due to police firing It was around the same time that 49-year-old Abdul Jaleel, a father of two, came out of his house to bring his kids indoors, says Jaleel’s neighbour Mohammed Kunhi. “He does odd jobs for living at Bengre fishing yard. In fact, he had just come for lunch. After hearing noise and commotion, he came downstairs, when he was shot,” Kunhi says. On the other hand, 23-year old Nausheen Kudroli, a resident of Kudroli was said to be shielding himself from the violence in a residential lane when he was shot. “He comes from a poor family, along with his four brothers he works at Bunder,” a person familiar with Nausheen says. Soon, a crowd tails the ambulances that were ferrying the injured victims to the Unity hospital and Highland Hospital near Kankanady, about 4 km from Bunder. Later in the evening at the hospital, the protesters and the police have another series of confrontations. “The police officials lobbed three tear-gas canisters inside the entrance of the Highland hospital. They even tried to kick and break open doors of certain hospital rooms, where family members of the victims were accompanying them,” Kabeer, the Vice President of PUCL Mangalore, says. BK Imtiyaz, one of the traders at Bunder Road, says the police action was very high handed. “If they had allowed the community leaders to intervene, they could have resolved the matter peacefully. But here they resorted to violence and it took away the lives of innocent people,” he says. According to the Imtiyaz, it was the police who had surrounded all protestors from all three sides leading to State Bank from Nellikai Road, Central Market and Lady Goshen Hospital. "If the police had given some room for the protestors to run-away, they could have dispersed. But they purposely blocked them and subjected them to violence, which led to the confrontation," he says. Imtiyaz says that besides demanding a judicial inquiry into the police highhandedness in the incident – they will demand for the suspension of the senior police officials of the Mangaluru City Police (MCP). Meanwhile, former MLC and President of Muslim Central Committee (MCC), KS Mohammed Masood has told all community members to cooperate with the police. “We also demand that the state government pay for appropriate medical help and compensation to the families of deceased and injured during the violent incident,” he says. Meanwhile, besides the suspension of the mobile internet services in Mangaluru, the city police has declared a curfew in the city limits until midnight on Saturday, December 21.
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Siddaramaiah not allowed to fly to Mangaluru, 6 other Cong leaders detained at airport

CAA Protest
Siddaramaiah's private charter plane was not allowed to land in Mangaluru.
The Mangaluru Police have detained several Congress leaders from Karnataka at the Mangaluru Airport in Bajpe. Former Congress Minister for Higher Education Basavaraj Rayareddy, former Karnataka Assembly Speaker KR Ramesh Kumar and former Ballari MP VS Ugrappa were detained by the police at the airport in Bajpe on Friday morning. MB Patil, MLA from Babaleshwar and former Home Minister MB Patil, MLC Nazeer Ahmed and Leader of Opposition in the Legislative Council SR Patil were also detained at the airport on Friday. The police allegedly asked Congress leaders to go back to Bengaluru and did not allow them to step outside the airport. Former Speaker KR Ramesh Kumar. Ramesh Kumar told the police that he must not be detained as he had not done anything wrong and was not breaking any law. The Congress leaders had arrived in Mangaluru on Friday morning to meet the families of the two people, who died due to police firing on Thursday. The Congress leaders intended to visit Wenlock Hospital, where the bodies of the victims is kept. Six Congress leaders detained at Mangaluru airport including former Speaker KR Ramesh Kumar. The Congress leaders arrived in the city to meet the families of the two people who died due to police firing on Thursday. #CAA_NRC_Protests @thenewsminute pic.twitter.com/hR5a9iduL7 — Theja Ram (@thejaram92) December 20, 2019 Speaking to TNM, VS Ugrappa said that the Congress leaders have not been allowed to move from the airport. “We are not allowed to move. We are kept in wrongful detention at the Mangaluru Airport. They have not produced us before the magistrate, they have done this only to prevent us from going out. This is nothing but a dictator attitude of the state government and they have imposed an unofficial emergency. As you know we have a fundamental right to move freely,” VS Ugrappa said. Former Chief Minister Siddaramaiah was also stopped from boarding a private charter plane to Mangaluru tweeted that he was not allowed to deboard the plane. ನನ್ನ ಆರೋಗ್ಯಸ್ಥಿತಿಯನ್ನೂ ಲೆಕ್ಕಿಸದೆ, ವೈದ್ಯರವಸಲಹೆಯನ್ನೂ ನಿರ್ಲಕ್ಷಿಸಿ ಗಲಭೆಗ್ರಸ್ತ ಮಂಗಳೂರಿಗೆ ಹೊರಟಿದ್ದೆ. ಪೊಲೀಸರು ವಿಮಾನ ನಿಲ್ದಾಣದಲ್ಲಿ ವಿಶೇಷ ವಿಮಾನ ಇಳಿಯಲು ಅನುಮತಿ ನಿರಾಕರಿಸಿ ನನ್ನ ಪ್ರವಾಸಕ್ಕೆ ತಡೆಯೊಡ್ಡಿದ್ದಾರೆ.@BJP4Karnataka ಸರ್ಕಾರ ಏನನ್ನು ಬಚ್ಚಿಡಲು ಹೊರಟಿದೆ? — Siddaramaiah (@siddaramaiah) December 20, 2019 “Due to ill health, I boarded a private charter plane to Mangaluru. The police are not allowing me to get off the plane in Mangaluru. What is the BJP trying to hide?” Siddaramaiah’s plane was not allowed to land and he returned to Bengaluru on Friday. Congress MLA from Byatarayanapura and former minister Krishna Byre Gowda called the move a "defacto emergency". "Defacto Emergency-Sri @siddaramaiah, myself & few others were scheduled to fly to Mangalore. Govt cancelled the flight permission. Leaders like Ramesh Kumar have been arrested in MLR. Total lockdown on freedom! So much for BJP which did politics on 1975 Emergency, only to beat it," he said.  Defacto Emergency-Sri @siddaramaiah, myself & few others were scheduled to fly to Mangalore. Govt cancelled the flight permission. Leaders like Ramesh Kumar have been arrested in MLR. Total lockdown on freedom! So much for BJP which did politics on 1975 Emergency, only to beat it — Krishna Byre Gowda (@krishnabgowda) December 20, 2019
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Jharkhand police's mock drill video gets shared as police shooting in Mangaluru

Fake video
This is not the first time that this particular footage was misused by people, it happened in August too.
Screen grab from the fake video
A video from 2017 of a police mock drill is doing the rounds on WhatsApp and Twitter, calling it footage of the police firing in Mangaluru in the November 19 protests.  In the video, one can see men in uniform and green helmets kneeling on the ground, holding rifles and shooting at a few people standing across the road. Shots are fired, and the crowd around disperses as two people fall down. Then, stretchers are brought and the one who fell are taken away in an ambulance that appears immediately. This video is not of any real police encounter or firing, but from a Jharkhand police mock drill that took place in November 2017, in Khunti district, as reported by BoomLive. However, after two people were killed in police firing in Mangaluru on Thursday evening, this video started doing the rounds and people claimed that this was a video of police shooting people with impunity.  Along with the video, this message has also been doing the rounds. “The wrongful district administration is responsible for Mangaluru violence. The situation had not escalated so much that shots had to be fired. Let them deploy honest police officers. There has to be a high level probe into what happened today. People should also be sensitive and maintain peace in the district." While it is true that police did shoot at protesters after the protests turned violent and there was  stone pelting. Two people died and were declared brought dead at the private hospital they were taken to. While one had been shot on his head, another was shot in the stomach.  This is not the first time that this particular footage was misused by people. Boomlive also reported that in August this year the video in question was shared by many on Twitter, saying that this is how the army was shooting at Kashmiri protesters. This was shared after the announcement of the abolition of Article 370, which removed Jammu and Kashmir's special status.
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Pejawar mutt seer Vishwesha Theertha Swami hospitalised

Religion
A release from the hospital stated that the seer has pneumonia, for which he is being treated and that he is “currently serious”.
The head of the Pejawar mutt, Vishwesha Theertha Swami is on ventilator after being admitted to the Kasturba Hospital in Manipal on Friday morning. He was admitted after he reportedly complained of difficulty in breathing around 5 am.  A release from the hospital stated that the seer has pneumonia, for which he is being treated and that he is “currently serious”.  “Pejawara Sri Vishvesha Teertha Swamiji was brought to Kasturba Hospital, Manipal with complaints of difficulty in breathing since 5 AM this morning from a private hospital. He is currently serious and connected to a ventilator. He is being treated for extensive pneumonia with antibiotics and supportive treatment,” the statement added.  According to The Hindu, the Dewan of the mutt, Raghuram Acharya told the newspaper that the seer had fever on Thursday, and that the seer woke up at 2 am, and complained of difficulty breathing around 3 am.  Sources in the mutt told news agency UNI that he will be kept in the hospital for two more days for treatment.  Ports and Fisheries Minister Kota Srinivas Poojary reportedly visited the hospital to meet the seer. According to the Hindu, Chief Minister BS Yediyurappa will be visiting the hospital at 4 pm on Saturday. Union Home Minister Amit Shah is also expected to visit the seer, Deccan Herald reported. The seer ended his fifth term as the 'Paryaya Swamiji' in January 2018. No other seer has ascended the ‘Paryaya Peetha’ five times since the system of transferring power between the eight mutts surrounding the Udupi Sri Krishna temple began in 1522. The seer is an influential public figure and has been closely associated with the Vishwa Hindu Parishad and the Ram Janmabhoomi movement in the past. Soon after the Ayodhya verdict, a source told the New Indian Express that the VHP was mulling over appointing the seer as a member of the trust to be established for the construction of the Ram Temple. 
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Karnataka Minister CT Ravi warns of ‘Godhra-like’ situation if majority loses patience

Politics
Minister Ravi further stated that the ‘majority’ (referring to religious majority) has been maintaining peace and that their patience must not be tested.
Even as protests against the Citizenship Amendment Act are being held across India, politicians have been making irresponsible and inflammatory statements. The latest is Karnataka BJP Minister for Tourism, CT Ravi who has issued a warning to Congress' UT Khader, stating that “the majority’s patience must not be tested”. A video of the minister’s inflammatory statement went viral on Friday. Comparing the situation in Mangaluru on Thursday to the Godhra riots, CT Ravi said, “UT Khader must recall what happened in Godhra”. “It’s because of their (referring to the Muslim community) mentality that they set fire in Godhra. It was their mentality that led them to burn karsevaks alive. We know this. But when it comes to reactions, we know that in Godhra, when the train was set on fire and how people were inflamed. UT Khader must know what happened when people are outraged. If he doesn’t know, then he must recall it,” CT Ravi said. Most intimidating provocative threat issued by CT Ravi. The police must immediately book a case against him and take him into preventive custody. Holding a constitutional post he has no business to speak like this. pic.twitter.com/xTs52bl64y — ದಿನೇಶ್ ಗುಂಡೂರಾವ್/ Dinesh Gundu Rao (@dineshgrao) December 20, 2019 On December 18, legislator from Ullal in Mangaluru, UT Khader had sent a warning to Chief Minister BS Yediyurappa that “Karnataka would burn” if the CAA was implemented in the state. “I am giving our state’s Chief Minister some advice and a warning. If Citizenship Amendment Act is implemented in Karnataka, then the day will come when Karnataka will burn,” UT Khader had said, a statement that was slammed by many. On December 19, protests were held in Mangaluru and Bengaluru city even after the police had imposed section 144 (curtailing right to assemble in public places). Protesters raised slogans against CAA and national Register of Citizens outside the Mangaluru Deputy Commissioner’s office. Police resorted to lathicharge to disperse the crowds in Mangaluru. There were also gunshots fired in the air. Two people died due to bullet injuries according to hospital sources. Curfews have been imposed in several parts of Mangaluru and amidst the tension in the region, BJP Minister for Tourism, CT Ravi issued a warning to UT Khader, stating that “the majority’s patience must not be tested”. A video of the Minister’s inflammatory statement went viral on Friday. Comparing the situation in Mangaluru on Thursday to the Godhra riots, CT Ravi said that, “UT Khader must recall what happened in Godhra”. “It’s because of their (referring to the Muslim community) mindset that they set fire to the train and karsevaks in Godhra. We know this. UT Khader must know what happened when people are outraged. If he doesn’t know, then he must recall it,” CT Ravi said. Minister Ravi further stated that the ‘majority’ (referring to religious majority) has been maintaining peace and that their patience must not be tested. “Our patience is not a weakness. Even we are watching you set fire. We are watching the loss to public property and our patience is not a weakness,” he said.    
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