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Wednesday, February 19, 2020

‘Attempt to cover up police excess’: Karnataka HC on CAA protest fallout in Mangaluru

CAA
A total of 21 people, who were arrested in connection with the violence that erupted on December 19, have been granted conditional bail.
Justice John Michael Cunha passed the order while hearing the petitions filed by Mohammed Ashik and 20 others from Udupi and Dakshina Kannada districts of Karnataka. The High Court stated that there was a deliberate attempt to cover up police excess by trumping up charges against innocent people.  "The records indicate that a deliberate attempt has been made to fabricate evidence and to deprive the petitioners of their liberties. Any criminal antecedents of the petitioners are not disputed... There is no direct evidence to connect the petitioners with the alleged offences. The investigation appears to be mala fide and partisan,” the court observed as per The Hindu.  The accused persons were arrested after they were charged with rioting and damage to property, among other charges, following the anti-CAA protests in December. Two persons were killed when police officials opened fire outside the Bunder Police Station in the city on the day.  The court granted bail after directing the accused persons to furnish a bond of Rs 1 lakh and two sureties each in the like sum. This is in addition to the bail conditions, which include appearing before the trial when required, not threatening witnesses, not to be involved in similar offences and not to leave the limits of the trial court without prior permission, the Times of India reported.   The High Court also noted that photographs of the day produced by the public prosecutor show that members of the crowd were not armed except for one person who was holding a bottle. It was also observed that the accused persons were not directly linked to the protests nor were they seen holding weapons in photographs or CCTV footages. The HC also noted that the police personnel were photographed pelting stones onto the crowd.  In multiple first information reports (FIR) filed after the incident in December, Mangaluru police accused 'unknown Muslim persons' for instigating violence in the city. The FIRs registered stated that these men were armed with weapons like stones, soda bottles and glass pieces. Following the deaths of two persons in the police firing, Mangaluru police invited members of the public to send videos of the protests on December 19 to the police. The police then released videos, where some members could be seen pelting stones and indulging in arson, as proof of violence in Mangaluru. However, in other videos that emerged after the incident, police were seen firing at protesters who were hundreds of metres away and under no apparent threat of being overrun by them. 
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Bengaluru lawyers challenge Hubballi Bar Assoc’s refusal to represent Kashmiri students

Sedition
The three students were arrested on charges of sedition after a video of them allegedly speaking in favour of Pakistan was shared widely.
A petition was filed in the Karnataka High Court by advocates from Bengaluru led by BT Venkatesh challenging the resolution passed by the Hubballi Bar Association barring its members from appearing for three Kashmiri students charged with sedition. The petition was filed by senior advocate BT Venkatesh and will be taken up for hearing on Thursday. It seeks to quash the resolution passed by the Hubballi Bar Association and also asks for action to be taken against the attack on the three Kashmiri students within the court premises.  The petitioner also sought police protection for advocates appearing in the Hubballi court to represent the trio.  A bench headed by Chief Justice Abhay Oka asked the petitioners to file an affidavit in court stating the names of advocates who would file vakalath for the accused before the trial court. All the advocates (petitioners) including BT Venkatesh filed their personal affidavits assenting to appear for the accused.  Three Kashmiri students - Talib Majeed, Basit Asif Sofi and Amir Mohiuddin Wahi  - studying in KLE Institute of Technology in Hubballi were arrested after a video of them allegedly speaking in favour of Pakistan was shared widely. The video showed the three of them shouting "Azaadi", "Pakistan" and "Zindabad" while a song played in the background. The song was purportedly used by the Pakistan military's media wing.  Right-wing activists from the Akhil Bharatiya Vidyarthi Parishad (ABVP) and Bajrang Dal staged a protest against the students and demanded their arrest on Monday. The trio, who were arrested last week, were released temporarily on Sunday after the execution of a personal bond under section 169 of the CrPC (Release of accused when evidence deficient).  However, the trio were re-arrested by the police and remanded to judicial custody till March 2. They were assaulted by right-wing activists  when they were being taken out of the court.  The Hubballi Bar Association passed a resolution to not represent the trio booked for sedition. The association claimed that their actions were 'anti-national'. The Bar Association's move was similar to what the Mysuru Bar Association had done in January when it resolved to 'not represent or provide legal services' to Nalini Balakumar, an alumnus of Mysuru University. She was booked for sedition for holding a 'Free Kashmir' placard at an anti-Citizenship Amendment Act (CAA) protest.  
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Veteran Kannada actor Kishori Balllal passes away at 82

Death
Kishori Ballal was best known nationally for her role as Kaveri Amma in Shah Rukh Khan-starrer ‘Swades’.
Veteran Kannada actor Kishori Ballal, who had acted in over 75 movies and left an indelible mark with her role in Shah Rukh Khan-starrer Swades, died on Tuesday at the age of 82. The actor passed away due to age-related ailments at a private hospital in Bengaluru, family sources said. She was reportedly suffering from a respiratory ailment.  Born in Dakshina Kannada district of Karnataka, Kishori made her acting debut in the 1960s with Kannada movie Ivalentha Hendathi. In her five-decade-long career, she worked in over 75 movies across different languages, including Kahi, Hani Hani, Suryakanthi, Carry On Maratha and Quick Gun Murugun. Among her film roles, she has appeared in films like Ring Road, Ambari and Akka Thangi. In the Hindi film industry, Kishori is best known for playing the role of Kaveri Amma, a motherly figure to Shah Rukh's Mohan Bhargava in Ashutosh Gowariker's 2004 critically-acclaimed film, Swades.  She was honoured with the 'Best Supporting Actor' award at the International Indian Film Academy (IIFA) Awards in 2005 for her performance.  Soon after her demise, Gowariker posted a tribute to the veteran actor on Twitter. "Heartbroken! Terribly sad about the passing away of #KishoriBallal ji. Kishori ji... you will be remembered for your generously kind, warm and affable persona! And your unforgettable performance as #Kaveriamma in #Swades !! You will surely be missed," the director tweeted.   HEARTBROKEN! Terribly sad about the passing away of #KishoriBallal ji!! Kishori ji... you will be remembered for your generously kind, warm and affable persona! And your unforgettable performance as #Kaveriamma in #Swades !! You will surely be missed!! pic.twitter.com/DIAlnhLOgu — Ashutosh Gowariker (@AshGowariker) February 18, 2020 Veteran artist Kishori Ballal amma is no more, RIP — Puneeth Rajkumar (@PuneethRajkumar) February 18, 2020 She carved a presence for herself in Bollywood while consistently delivering strong performances in the Kannada film industry. She acted in Rani Mukerji-starrer  Aiyyaa and Deepika Padukone-starrer Lafangey Parindey. She also appeared in a role in the long-running TV serial Amruthavarshini which aired from 2012 to 2017.  She was married to Bharatanatyam dancer N Sripathi Ballal.  
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Labor's civil war over 'Medicare for All' threatens its 2020 clout

In union-heavy primary states like California, New York, and Michigan, the fight over single-payer health care is fracturing organized labor.

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Tuesday, February 18, 2020

Despite outrage, K’taka CM asks Centre to reduce buffer zone of Bannerghatta Park

Environment
The Chief Minister’s letter to the Centre, reasoning that the economic sensitive zone will hamper developmental activities, has sparked outrage.
In a controversial move which has irked environmentalists in Bengaluru, Karnataka Chief Minister BS Yediyurappa in a letter to Union Environment Minister Prakash Javadekar has asked that the buffer zone of Bannerghatta National Park be reduced. A letter dated February 1, written by Chief Minister Yediyurappa has surfaced among environmental activists and the same has been accessed by TNM. The union government and the state government, in a joint meeting in 2018, had reportedly suggested a reduction of the ESZ by 100 km from the existing 268 km. Following this, campaigns were started by environmental activists stating that this change was proposed to benefit mining and real estate companies. The letter by the Chief Minister also contradicts the stand taken by three BJP MPs — PC Mohan, Tejasvi Surya and Rajeev Chandrasekhar — who had also insisted that the full area of 268.96 km be retained as an eco-sensitive zone (ESZ). The three BJP MPs had also opposed previous state governments under Siddaramaiah and HD Kumaraswamy when they had proposed a similar reduction.  In his letter, Chief Minister Yediyurappa has reiterated that while Centre’s draft notification was published on November 5, 2018, the same was endorsed in 2019 in a state-centre meeting during the 33rd ESZ Expert Committee meeting. In his letter, he reasoned that the economic sensitive zone will hamper developmental activities as it would require clearance from the Standing Committee of the National Board for Wildlife and due to the status quo, many development projects around the national park have been halted. The Supreme Court had issued guidelines prohibiting mining or industrial operations in an eco-sensitive zone since it can disturb wildlife and there are chances of man-animal conflict. The Karnataka High Court had, in 2018, ordered mining companies to stop illegal quarrying in the buffer zone and had issued steep fines.  Reacting to Yediyurappa’s letter, environmentalist Vijay Nishanth, who previously has met former Environment Ministers for the same cause, said, “This exposes the duplicity of the BJP. How can the Chief Minister write this letter supporting the destruction of the forests when his own party MPs had taken a stand supporting our cause?” He added, “We won’t let this happen and will approach the courts required as it is a matter of saving Bengaluru city.” Importance of the eco-zone Many studies have shown that reducing the buffer zone of Bannerghatta will result in man-animal conflict. A study by leading scientist TV Ramachandra in 2015 had stated that the buffer zones in the area are biologically and hydrologically sensitive zones. Any attempts to mine in the area would mean that animals would not be able to move in their natural habitats, Ramachandra said.  A study by the Indian Institute of Human Settlements stated that the eco-sensitive zone was important in protecting Bengaluru city from becoming a heat island. A study by wildlife biologist Sanjay Gubbi, in association with the Forest Department, had also found that there were more leopards in the area than what is usually found in a reserve area of similar sizes. One of the findings was that Bannerghatta's northwestern side is connected to 3,250 acres of deemed forests which include Gullalligudda, BM Kaaval, UM Kaaval and the Roerich Estate. Sanjay Gubbi recommended that 5,375 acres of wildlife formed by the connecting forests should be notified as a Conservation Reserve.
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No more birthday celebrations on street for Kannada actor Darshan's fans, say Bengaluru police

Controversy
A police constable was allegedly assaulted by fans of Darshan on Sunday morning.
The Bengaluru police says it will no longer allow popular Kannada actor Darshan to hold public birthday celebrations on the streets near his residence in Rajarajeshwari Nagar. This comes after a police constable from Jnanabharathi police station was allegedly assaulted by fans of the actor when he was trying to manage the crowd during the birthday celebrations held outside the actor's residence on Sunday. "We will ask them to conduct such events at a public ground instead of disturbing the peace in the locality," B Ramesh, Deputy Commissioner of Police (DCP), Bengaluru (West) told Deccan Herald. A police official at Rajajinagar police station confirmed the development and stated that this is not the first time birthday celebrations of the actor had created a ‘nuisance’ in the neighbourhood.  On Saturday night, Devaraj DR, a 26-year-old police constable was trying to manage the crowd outside Darshan's residence near Ideal Homes Layout in Rajarajeshwari Nagar. At around 12:30 am on Sunday, as Darshan was set to step out of his house and meet his fans, the constable asked the fans to stand in a queue. When Darshan stepped out, pandemonium ensued and an unknown person from the crowd allegedly punched the police constable in the nose and eye with a stone in hand.  "The crowd was unmanageable and Devaraj was asking people in the crowd to stand in a queue. But they were unwilling to listen and punched him in the commotion when Darshan stepped out of his house," a police official at Jnanabharathi police station told TNM. Devaraj is receiving treatment at a nearby private hospital.  In a complaint filed at Rajajinagar Police Station, Devaraj stated that the organisers of the public birthday celebration had not set up barricades to manage the crowd. The police registered a case under sections 353 (assault or criminal force to deter a public servant from discharge of his duty) and 332 (voluntarily causing hurt to deter a public servant from his duty) of the Indian Penal Code.
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Cops yet to nab Kerala garbage contractor who dumped biomedical waste in Karnataka

Crime
A driver of a garbage truck was arrested in Karnataka's Nanjangud in January this year for illegally dumping biomedical waste transported from Kerala.
Karnataka Chief Minister BS Yediyurappa on Sunday thanked his Kerala counterpart Pinarayi Vijayan for taking action against miscreants who were dumping general and biomedical waste in the border districts of Karnataka. “First I thank the Kerala Chief minister Pinnarayi Vijayan for his prompt reaction and response to initiate legal action against the dumpers of bio-medical and bio-waste in our districts neighbouring Kerala. We have taken serious note of reports in a section of press on alleged dumping of bio-medical waste and bio-waste by people from Kerala in bordering Mysuru, Kodagu and Chamarajnagar districts,” Yediyurappa said. However, according to the Karnataka police, the contractors from Kerala responsible for the recent illegal waste dumping in Karnataka have not been arrested yet. In the early hours of January 29, the Nanjangud Rural Police had intercepted trucks that were carrying biomedical waste at the checkpoint in Mysuru’s Nanjangud. The police had arrested a truck driver named Syed Mohammed and found that he was allegedly instructed by a garbage contractor in Kozhikode district of Kerala to transport the waste to Karnataka to a jaggery manufacturer. The truck stopped at the Adakanahalli Industrial Area and two men were allegedly trying to unload the bio-medical waste onto an empty plot of land when they were caught red-handed. “We found that Muneer is the contractor who bagged a tender floated by the Kozhikode Municipal Corporation. He had informed the driver Syed that it was not illegal as the waste was being converted to fuel. We don’t know if this is true and whether there are people in Karnataka who are aiding them yet, since Muneer, the contractor, has absconded,” said sub-inspector Surendra, the investigating officer in the case told TNM. Investigation in Kerala draws a blank Investigation revealed that Muneer is a resident of Chelavoor in Kozhikode. However, he remains elusive and the police are yet to nab him. “When we went to Kerala to investigate the matter, we only knew that his name was Muneer. We went to Syed’s house and found that he too had absconded. We later found that Muneer lived just a kilometre away from Syed’s house near Pallithazham Road and went looking for him,” SI Surendra said. However, the police are yet to find him as he was not at his residence and his mobile phone remains switched off. “If we find Muneer, we will be able to figure out whether he actually meant to sell the waste to jaggery manufactures. So far, it seems like just an excuse Muneer gave Syed as he did not even know which jaggery factory he was supposed to handover the garbage to,” he added. Muneer’s modus operandi  SI Surendra also said that Muneer would gather the biomedical waste from hospitals and pharmacies in Kerala under the pretext of owning a plant to dispose of it. “Based on our investigation, he gets the medical waste, mixes it with the garbage waste at a vacant plot near Vikram Maidan in Kozhikode and then loads the waste into canter vehicles that bring them to Karnataka. We need to interrogate Muneer to find which hospitals and pharmacies he duped or whether they knew about the illegal dumping,” he said. Apart from Muneer and Syed, the Nanjangud Rural Police booked Afzal Muneer and Kabir, residents of Kerala’s Kozhikode, and their accomplice Shoaib. They have booked five men under section 269 (Negligent act likely to spread infection of disease dangerous to life) of the Indian Penal Code. They have also been booked under the Motor Vehicles Act for illegal transportation of waste. 
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