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Monday, February 3, 2020

Noise pollution row: Karnataka HC orders reopening of Bengaluru's Byg Brewski

Civic Issues
The BBMP had shut down the establishment on December 24 citing noise pollution and lack of parking space.
Popular microbrewery Byg Brewski, which was closed by the Bruhat Bengaluru Mahanagara Palike last month, opened its doors once again on Saturday after a Karnataka High Court issued an order in this regard. On January 27, the Karnataka High Court issued an order to the BBMP to unlock Byg Brewski immediately. The owner of the pub had approached the court after the BBMP shut down the establishment on December 24 citing noise pollution and lack of parking space as the reason. Byg Brewski’s owners had approached the High Court stating that the BBMP had not followed due process and had locked the bar without issuing notices to the owners. “On the 27th of January, we are happy to report that the High Court recognised that Byg Brewski was closed by the BBMP without following due process and directed it (the BBMP) to unlock the premises immediately so we could re-open immediately. It recognised that we are in possession of a legitimate and valid trade licence, are not in violation of any laws, and have the right to continue doing business,” Byg Brewski said in a statement. Read: Byg Brewski in Sarjapur sealed after residents complain of loud music, illegal parking Although the court order was issued on January 27, Byg Brewski said in a statement that the locks were opened by the BBMP only on January 31. The establishment opened for business on Saturday officially. “We were closed down by the BBMP on the 24th of December, on grounds of allegedly disturbing residents due to noise pollution and the haphazard parking of patrons. We are deeply aggrieved as this was done without following due process and even giving us a hearing. Coming as it did at the absolute peak earning season of the year, this has been a hard (and unfair) blow to us,” Byg Brewski said in a statement. The High Court also ordered owners of Byg Brewski to ensure that residents are not inconvenienced by way of noise pollution and haphazard parking, and to install CCTV cameras outside the establishment.  “We have gone to great lengths to ensure that our music and ambient sound levels have strictly stayed within prescribed decibel limits. We have dedicated parking for 200 cars and a large and efficient valet service to ensure there is no bottleneck. CCTVs have been par for the course ever since our inception and we are already in complete compliance with everything the court recommended. We are now prepared and are reopen to the public on the Sunday the 2nd of February. We are delighted to welcome all our patrons back,” the bar’s statement added.    
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Bengaluru Jain trust, where two men died while cleaning sewer, closed

Manual scavenging
Days after the manual scavenging deaths in the heart of the city, Jain trust stands shut due to the lack of permission.
An investigation by Bengaluru civic authority, BBMP, has found that the Jain trust, where two people who were made to clean the sewer illegally, was operating without permission to hold commercial activities. The Jain trust now stands shut, the trust office was locked, and the official number is not receiving any calls. The manager hid behind a door and refused to speak to anyone. When TNM visited the site, there was only the manager, a Jain monk who refused to answer any questions. “I don’t have any business with you. Go!” he said from behind a closed door, while making dismissive gestures. On 25 January, 2 people, Sidappa, aged 17, and Marianna, aged about 50, died while trying to clean the sewage drain situated at the back of the trust. This is known as manual scavenging and has been deemed illegal in India. However, the practice continues. The authorities from BBMP Sampangi Ram Nagar ward 110 visited the SSBS Jain Singh trust, which is situated on Infantry Road in Central Bengaluru, and found that they were conducting commercial activities without the required permissions. In a notice, they asked the trust to furnish a business license, and permission from the BWSSB, regarding having an inner drain connection. However, the location has been used for many years for the same functions, with no action from the authorities. Locals say that the location is routinely used to hold weddings and feasts. The government classifies renting out the premises as commercial activity, which the trust does not have the permission for. However, the trust claimed that they only conduct religious activities on the premises, according to the notice pasted on their office by the BBMP. BBMP in the notice says that commercial and wedding activities needs permissions under Municipal Corporation Act (1976). According to a senior BBMP official, the trust has paid a fine of Rs 25,000 for conducting commercial activities on their premises. “It is a trust, and should not be conducting commercial activities. However, since they are doing so, they have been made to pay a fine.” The official also said that the trust would be made to make a compensation of Rs 20 lakh to each family. When TNM had met with the Jain trust’s manager on the day of the massacre, he had said, “They went inside to clean the rain water harvesting unit, where the water goes into the earth. It does not have any connection to the toilet,” he claimed. However, the doctors at Lady Curzon Bowring hospital who was treating the victims, said that both Sidappa and Marianna’s lungs were filled with sewage.
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Nithyananda is on spiritual tour, can’t serve him notice: Karnataka cops to High Court

Court
Does the Karnataka police not know that rape-accused Nithyananda is on the run from Indian authorities and is believed to be hiding in Belize?
Nithyananda.org
It seems the police in Karnataka does not keep track of the news, as on Monday it told the Karnataka High Court that they were not able to send a notice to rape accused Nithyananda because he is currently on a “spiritual tour.” Nithyananda, accused of rape and child abuse, has been absconding since November 2018 and is believed to be hiding in Belize. This comes two months after the Ministry of External Affairs announced that Nithyananda’s passport has been cancelled, and a week after a blue corner notice was issued against the self-styled godman, who is also facing charges of child abuse.  On January 31, Karnataka High Court had asked the police to serve a notice on Nithyananda in a petition seeking the cancellation of his bail in a rape case filed against him in 2010. Deputy Superintendent of Police, Balraj B, told the court that the police had served notice to his aide Kumari Archananda instead since Nithyananda was not present at his Bidadi ashram. Kumari submitted in court that she was forced to accept the notice after she told the police that she cannot tell them where Nithyananda is, a report in LiveLaw states. The counsel for the state government, meanwhile, submitted to the High Court that the prime accused Nithyananda’s presence is not required in court and that he has not violated any bail conditions. (Nithyananda’s bail conditions were diluted in 2011 and he was handed over his passport to travel for meditation and yoga camps). Earlier, the counsel had stated that the government did not know the whereabouts of Nithyananda.  Countering this submission by the government, the counsel for the petitioner Lenin Karuppan stated that Nithyananda is hoodwinking the court and that failure to serve notice is not an obstruction to cancel Nithyananda’s bail. Apart from this rape case, Nithyananda has been booked for child abuse and kidnapping by the Gujarat police after three minor children (a boy and two girls) were rescued from his ashram in the outskirts of Ahmedabad.  Nithyananda is facing trial under Sections 376 (rape), 420 (cheating), 114 (criminal abetment), 201 (disappearance of evidence, giving false information), 120B (criminal conspiracy) and other charges under the Indian Penal Code (IPC) in the III Additional District and Sessions Court in Ramanagara in Karnataka. Since the complaint was filed in 2010, Nithyananda has been arrested twice and been granted bail from higher courts, successfully delaying the start of the trial. He is now believed to be hiding in Belize in South America and appears to be running a bank account from the island nation and tax haven Vanuatu.
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Gandhi’s freedom struggle was an adjustment with British: BJP MP Anantkumar Hegde

Controversy
Amidst growing outrage over his comments, BJP sources say that the MP may be forced to apologise for his comments.
In an apparent attack on Mahatma Gandhi, BJP MP from Uttara Kannada, Anantkumar Hedge, known for his bigoted statements, has questioned the freedom movement led by Mahatma Gandhi, and described India's independence struggle as an "adjustment" with the then British rulers. Freedom fighters who did not sacrifice anything made the country believe that it attained independence through 'Upavas Satyagrah', Gandhi's preferred mode of agitation, and became Mahapurush (great person), BJP MP Anant Kumar Hegde said at an event here recently. “None of these so-called leaders were beaten up by the cops even once. Their independence movement was one big drama. It was staged by these leaders with the approval of the British. It was not a genuine fight. It was an adjustment freedom struggle,” he said. He went on to say that most people believe that India achieved independence because of non-violence and satyagraha. “People keep saying that India got independence because of the fast unto death and satyagraha. This is not true. The British did not leave the country because of satyagraha. Britishers gave independence out of frustration. My blood boils when I read history. Such people become Mahatma in our country,” he said. Watch full video below: He claimed that those who had an adjustment with the British” were lauded as freedom fighters, while referring to Gandhi’s role in the freedom movement. "Such people became great people (while taking about Mahatma Gandhi). Those who sacrificed their lives and worked towards big change in the country were dumped in the dark corners of history, but those who fought in adjustment with the British became freedom fighters with certificate. This is the tragedy of the country," Hegde, known for his past controversial remarks on issues like secularism, added. In his address in Kannada, Anantkumar Hegde went on to claim that there were two types of freedom fighters, one which believed in “shastra (arms)” and another in “shaastra (intellectual motivators)”. “There was also another category of freedom fighters who used to ask the British how to carry out the freedom struggle. We will abide by whatever you say simply adjustment and understanding... like 20-20 (cricket match)," the Uttara Kannada MP said about the freedom movement. Hegde alleged that the third category of freedom fighters had pleaded with the British to recognise their freedom struggle and requested that they be imprisoned. "They (pleaded with the British) It's enough if you properly take care of us, nothing more than that." Congress demands apology The Congress hit out at the ruling BJP on Monday over its leader Anantkumar Hegde's remarks against the Mahatma Gandhi-led freedom movement and demanded a sedition case be filed against him. The opposition party demanded that the prime minister must come to Parliament and clarify his position on Hegde's "objectionable" remarks, and asserted that it was time for Modi to prove whether his loyalty was towards Gandhi's assassin Nathuram Godse or the Father of the Nation. Questioning the freedom movement led by Gandhi, Hegde said it was an "adjustment" with the British. "They are disparaging the national movement. If the prime minister and the BJP government are sincere about the 150th birth anniversary celebrations of Mahatma Gandhi, we demand that the PM comes to Parliament and clarifies his position," Congress's senior spokesperson Anand Sharma said. "They are desperate for elections and only to get some votes, they are inflicting deep wounds on the soul of India," he said. Asserting that the Bharatiya Janata Party (BJP) MP's statement was condemnable, Rajasthan Chief Minister Ashok Gehlot said the leaders of the saffron party could afford to call the freedom movement a drama as they never fought for the country's independence and made any sacrifices. "Such statements reveal their true mindset that they use Gandhi's name just for show and have no regard for him," he said. Demanding Hegde's expulsion from the BJP, Congress spokesperson Jaiveer Shergill said it was time for the prime minister to prove whether his loyalty was towards Godse or Gandhi. "The prime minister did not take action against Pragya Thakur, who continues to insult Mahatma Gandhi on a daily basis, and now, Anantkumar Hegde has joined the 'hate bapu' chorus. The prime minister's love for Gandhi exists only in advertisements and on the ground, 'hate Mahatma Gandhi' seems to be the tool to mobilise his cadres. "If the prime minister has even an ounce of respect for Gandhi, he should remove Thakur and Hegde from the party. It is time for the prime minister to prove whether his loyalty is towards Godse or Gandhi," he said. Modi should apologise for Hegde's remarks, a sedition case should be slapped on the former Union minister and both Thakur and he should be removed from the BJP, Shergill demanded. BJP leadership unhappy? BJP MP Anantkumar Hegde's swipe at Mahatma Gandhi has irked the top party leadership and he may be forced to apologise, party sources said on Monday. A senior BJP leader said the Karnataka leader's comments were "condemnable" and the party leadership is upset with him. "The party has conveyed its displeasure to him and asked him to take remedial measure. Any insult to Mahatma Gandhi is unacceptable," he said. The party leader said the Lok Sabha MP is a "disciplined" member of the party and will do what he has been asked to. Hegde, known for hardline Hindutva leanings, has a history of making controversial remarks.     
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Cops turn up at Bidar school for fourth time, question kids over anti-CAA play

Sedition
The DySP asked a kid whether she was asked to change the script and utter any particular dialogues.
Police officers including the Deputy Superintendent of Police of Bidar district turned up at the Shaheen Primary and High School on Monday once again to question students at the school. The school management, a headmistress, and parents have been booked for sedition for staging a play against the Citizenship Amendment Act. A complaint filed by an ABVP activist said that there were dialogues insulting the Prime Minister and the children have already been interrogated thrice over this. Despite heavy criticism for putting the children through trauma, plain clothed officers questioned as many as seven students on Monday. Except for one student, the rest were not part of the play, but had taken part in other activities the same day. These children were asked to identify where the other children practiced for the play and what they were asked to do. Last week, police arrested a parent named Nazbunnisa whose daughter had delivered the dialogues that the ABVP activist objected to, along with the headmistress of the primary section Fareeda Begum. Since the two women have been charged with sedition, the police are now trying to gather evidence to show that parents and teachers had a role to play in penning the dialogues. Nazbunnisa’s daughter too was questioned, and that too for the third time. The DySP asked her whether the kids were asked to change the script and utter any dialogues. He also asked school officials about the role of teachers in organising the play.   "It is simply harassment. We feel like we are being watched. As usual the police vehicle turned up outside the school at 2 pm and the police including the DySP began interrogating students about the play," Tauseef Madikeri, the school’s head told TNM. This reporter who was present at the school during the interrogation asked the officer why it had become necessary to come back to the school for the fourth time. "We are carrying out investigation as per procedure and we cannot comment on it now. We are collecting information about the play," Bidar DSP Basaveshwara Hira replied. When asked whether sedition was even applicable in a case like this, the DySP said, “I cannot comment on it at the moment. Investigation is on." Many of the parents were angry and upset. "Was anyone in the school questioned when a school in Dakshina Kannada staged a play depicting Babri demolition?" a parent asked TNM.
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How an attempt at driving away elephants led cops to nab Veerappan’s aide

Selva Mary was an accused in the Palar bomb blast in 1993 that killed 22 people.
For the last 26 years, a wanted associate of forest brigand Veerappan, and an accused in the Palar bomb blast in 1993 that killed 22 people, was hiding right under the nose of the Karnataka police. On Saturday, the Kollegal Police arrested 27-year-old Selva Mary after an alert sent out by the forest department to the local police regarding her whereabouts. In 1993, soon after the Palar bomb blast, Selva Mary, the wife of Veerappan’s close aide Velayan, absconded after his involvement in the blast came to light. The Kollegal Police, who arrested her, says that she has been hiding in Karnataka and working as a contract farmer ever since. Four days ago, Selva Mary had fired shots in the air in the Chamarajanagar district’s Matahalli village to ward off elephants that were about to enter the sugarcane farm she worked in. The shots resulted in a minor fire at the farm located in the periphery of the forest area where Selva and her second husband Meluswamy worked as contract farmers. When a team led by, Kollegal Deputy Superintendent of Police Naveen Kumar, went to investigate the matter, they found the elusive Selva Mary and arrested her. She was produced before the court on Saturday and has been remanded to judicial custody. “When we questioned her and asked her where she got the weapon from and how she learned to shoot, she told us about her connection to Veerappan,” the Kollegal Police said. The Veerappan connection Kollegal Police investigating the case say that when Selva Mary was 13-years old, Veerappan had taken her hostage from her brother-in-law Sesharaj. Sesharaj had allegedly stolen money from Veerappan. Veerappan allegedly abducted Selva and struck a deal with Sesharaj that she would be returned if he gave the stolen money back. “When she was in the forest with Veerappan, one of his associates Velayan wanted to get married to her. She was married to Velayan when she was a minor and she was trained along with Veerappan’s men. She said that Veerappan did not trust any women in his gang but had included her in his plans,” the Kollegal Police said. Police say that Velayan died after the 1993 Palar bombing due to ill health after which Selva Mary came to Karnataka’s Chamarajanagar district’s Matahalli, her hometown, and married Meluswamy. The couple has been working as contract farmers ever since. Apart from the Palar bomb blast case, she is also accused in the attack on Rampura Police station in 1992. The attack was a part of Veerappan’s gang targeting police stations in a bid to steal weapons. Selva mary is also accused of transportating of weapons illegally. In 1993, the Male Mahadeshwara Hill Police booked her under the Terrorist and Disruptive Activities (Prevention) (TADA) Act.
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Four friends, one goal: Walking 100 kilometres in 24 hours

Human interest
Oxfam Trailwalker will take place in Bengaluru from February 7 to 9.
Oxfam
A few years ago, Raja Imam Kasim received a somewhat unusual request from his childhood friend Yadalam Hari Kishore. Hari Kishore wanted his friend to participate in Oxfam Trailwalker, a 100-kilometre challenge in which teams of four must complete the distance in under 48 hours.  Raja, a deputy superintendent of police in the Crime Department, was no stranger to outdoor exercise and physical activities, but “never had I walked beyond 25 kilometres continously, apart from route marches conducted during my training as a police sub-inspector,” he told TNM. Still he agreed to his friend’s request, and soon, two other old classmates joined the team – Narasinga Rao and Jeetendra Kunhody.  Now for the fifth year, the four childhood friends, who are all around 50 years old, will be taking part in Oxfam Trailwalker in Bengaluru, slated for to be held from February 7 to February 9. It passes through 30 villages, from Sultanpet to Olde Bangalore Resort, and starts on the edge of a valley in Nandi Hills. It took them 26 hours to finish the 100-kilometre route last year and “this year we’re targeting to complete it in 24 hours,” said Hari Kishore, who is the managing director of the Pragathi Group.  The four, who grew up in Ballari, have known each other since kindergarten and studied together until pre-university. Though they kept in touch after their schooling, their careers took them in different directions, from engineering to civil services. It was only after their first Oxfam walk in 2016 that a new tradition – and a reason to catch up regularly – was born.  “The Oxfam 2016 event brought us closer,” said Raja. What’s more, it also became a way for them to stay fit and focussed on their health. “Participating in Oxfam not only helped us get into a fitness regimen, it also changed our outlook towards life – be it professional or personal life,” he added.  In the lead-up to the event, they create a practice plan and meet up weekly for long and short walks.  “The idea of weekend workouts served the purpose of training as well as de-stressing,” said Raja, “As part of training ourselves, we started participating in 10Ks (TCS, Bangalore Marathon) runs, 21K Heritage Runs.” As the event nears, long-distance walks in places like Nandi Hills also become a part of their training.  This year is the ninth edition of Oxfam Trailwalker, which also includes a 50-kilometre walk that must be completed in 24 hours. Fundraising is also an important part of the event as well, with donations going into Oxfam India’s projects on education, health, gender, forest rights and others. The Trailwalker event takes place in 17 locations across the world. When asked which parts of the event he looks forward to the most, whether it’s the exercise, being outdoors, or quality time with friends, Hari Kishore responds, “All put together. All those things appeal to us.” 
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