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Friday, February 21, 2020

First camera ban in Karnataka Assembly, now Speaker bans journos from Legislators' House

Controversy
The Speaker's office issued a notification in this regard on February 18.
The Speaker of the Karnataka Legislative Assembly, Vishweshwar Hegde Kageri has issued a notification banning journalists from entering the Legislators’ House (LH), located next to the Vidhana Soudha or the assembly house. This latest order comes after he banned television cameras from the house of the Assembly in October last year. A notification in this regard was issued on February 18.  “Electronic and print media cannot enter the Legislators’ House at any time,” the notification from the Speaker’s office reads.   The notification makes the argument that the time spent by MLAs at the Legislators’ House is private and hence, journalists cannot be allowed.  “Legislators’ House is a space for MLAs who come from their constituencies to Bengaluru during the Assembly session. The time they spend here is private. When journalists come to meet legislators here, it is an evasion of their privacy,” the notification adds. It states that journalists can meet the MLAs outside the gate of the Legislators’ House. “Arrangements will be made for journalists to speak to MLAs outside the gate. No journalist or camera person will be allowed inside the gate,” the notification adds. This is not the first time the ruling BJP government has made it difficult for journalists to access information and resources. In October 2019, Speaker Kageri had banned television channels from bringing their cameras inside the Assembly. The Speaker also banned journalists without accreditation from entering the house of the Assembly. BJP sources close to state President Nalin Kumar Kateel and also Chief Minister BS Yediyurappa had earlier told TNM that the decision to impose the ban on cameras came from the leadership in New Delhi. "It was [BJP national general secretary] BL Santosh who instructed the Speaker to follow the model that is currently in practise in the Parliament. The national leadership is adamant that this ban will not be revoked," the source had said. A source with the ruling party say that the decision comes after legislators gave statements to the media at the LH earlier in February ahead of the cabinet expansion. MLA from Hukkeri, Umesh Katti had spoken to the electronic media and stated that he is an aspirant for a ministerial post. MLA from Shorapur Narasimha Nayak alias Raju Gouda had also demanded a ministry for one of the leaders from the Hyderabad-Karnataka region. “Legislators have been instructed to give statements that align with the party’s decision,” the source added. 
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Clamour to be nationalistic? Analysing recent resolutions by Karnataka Bar Associations

Law
Though the Supreme Court has said that Bar Associations cannot pass such resolutions, two Bar Associations in Karnataka decided not to represent accused in two recent cases of sedition.
Representative image
In the past month, the state of Karnataka has seen two Bar Associations issue resolutions against representing those accused of sedition – first, the Mysuru Bar Association in the case of a student booked for sedition for holding up a ‘Free Kashmir’ poster at a protest against the Citizenship Amendment Act; and the second by the Hubli Bar Association in the case of three Kashmiri students who are booked for sedition for allegedly saying ‘Pakistan Zindabad.’ The resolutions have been contested in the Karnataka High Court, and on Thursday, Chief Justice Abhay Oka expressed extreme displeasure at the resolution.  Under the Constitution, it is the fundamental right of every citizen in India to get legal aid. Section 39A of the Constitution speaks about the right to equal justice and free legal aid to all citizens in the country. So what do the recent resolutions, passed by two Bar Associations in Karnataka not to represent the accused in cases, mean? Are they legally valid, and are they in the spirit of the Constitution of India and tenets of justice? Maitreyi Krishnan, an advocate in the Karnataka High Court, says that though the Supreme Court has held that such resolutions are illegal and unconstitutional, such resolutions are being passed, and more so, in cases that are specifically anti-government. “Such resolutions are in complete negation of what the Constitution stands for and the role of a lawyer and the oath taken by a lawyer. The Supreme Court has clearly stated that Bar Associations cannot pass such resolutions,” she says. This is not the first time that a Bar Association has adopted a resolution not to represent someone. This happened in the 2012 Nirbhaya gangrape case and more recently, the Pollachi sexual abuse case and the Telangana veterinarian gangrape and murder case. Advocate BT Venkatesh says that earlier, such boycotts were announced in cases where advocates were directly affected, like the case where advocates were injured at Karnataka High Court in 2012. However, of late, moral turpitude is not being accepted, prompting lawyers to refrain from representing certain accused, he adds.  “A tendency to be moralistic is inbuilt in our culture. Law comes later. Many lawyers choose not to represent those accused in gruesome cases, but when it comes to other cases, say corruption cases, some lawyers take pride in representation. We have no issue there because only money is involved. But of late, to keep a popular sentiment, you find bar associations boycotting such cases,” says Venkatesh. He also adds that a particular kind of atmosphere in the country may also be prompting lawyers to maintain their distance from controversial cases. "Because of the intolerance that has increased in the political atmosphere, it also gets reflected in the court system, especially in advocates,” Venkatesh adds. Maitreyi says that such resolutions in these specific cases also contribute to spreading a certain amount of fear among lawyers who are not unwilling to represent the said accused.  "The Supreme Court has clearly said that such resolutions are void, illegal and are of no value. But such resolutions vitiate the entire atmosphere, and even if it is illegal, it means that the entire system and lawyers are forced into a state of fear, you don't know what will happen to you, you don't know if you will get beaten up," she says. However, such resolutions are unlikely to stand the test of legality. In the current case, the Karnataka High Court has asked the Hubli Bar Association to reconsider its resolution. “Well, we have no other choice than to obey. Law is supreme,” a member of the Bar Association in Hubbali tells TNM. TNM got in touch with one of the advocates who had signed the Hubbali Bar Association resolution, who justifies the resolution saying they weren’t barring anyone from representing the accused, but just declaring that they will not represent them. “We passed it only in the interest of the nation. We have not asked anyone not to represent, we have said that we will not represent. We passed it because what they have uttered is against the country and such a resolution will also remind the coming generation not to do such things, let them also understand,” one of the signers of the resolution, who did not wish to be named, tells TNM. 
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Bengaluru police rescue two women from alleged sex racket in OYO service apt

Crime
Police said two women have been rescued.
Representational image
The Crime Branch of Bengaluru police on Thursday busted an alleged sex racket allegedly operating from an OYO service apartment, a police officer said. "A sex racket was being run from the Kings Suites service apartment tied up with OYO. We have raided the place and arrested two persons and rescued two women," Crime Branch Deputy Commissioner of POlice (DCP) Kuldeep Jain told IANS. Jain said the rescued women have been shifted to a care home in the city. Though the police were looking to rescue four women, only two were found while the other two are missing.. The two persons, Sudeep and Sanjay aged around 30 years, have been arrested, Jain said. Both Sudeep and Sanjay do not hail from Karnataka. One of them is from Delhi. "We have arrested them under IPC (Indian Penal Code) Section 370 for immoral trafficking. A local court has remanded the duo to judicial custody," said Jain. The Crime Branch has seized and locked the service apartment. Considering that a similar case surfaced involving the hospitality startup earlier in another part of the city, Jain is planning to summon OYO officials next week. "One month back, we had raided a place in Banaswadi with OYO branding. We are also summoning them for investigation and looking forward how to tackle such cases," said Jain. Reacting to the development, an OYO spokesperson, said. "We have initiated an inquiry into the matter at our end. At OYO Hotels and Homes, the safety and security of our guests is of utmost importance. We stand ready to support the law enforcement authorities in their investigation." This case comes closely after police had arrested a 35-year-old spa manager in an upscale neighbourhood in the city under similar charges on Wednesday. In that time, police had six women who were between 18-20 years of age were rescued as they were allegedly forced to do sex work.
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Rama Sene leader offers Rs 3 lakh on tongues of sedition accused Kashmiri students

Crime
The video of the speech has since gone viral.
In a shocking statement, Rama Sene Secretary Siddalinga Swami on Wednesday offered Rs 3 lakh as a bounty on the tongues of three Kashmiri students arrested in connection with a sedition case in Hubballi. A video of his speech making the comment during a Shivaji Jayanti event in Gadag’s Municiap College Grounds has since gone viral. Incidentally, the involvement of Rama Sene, a fringe Hindu-right organisation, had come up during the probe into journalist-activist Gauri Lankesh’s murder. New kid on the block: #Sriramsene 's Siddalinga Swamiji: Those who chanted pakistan zindabad slogans (3 #Kashmiri students) if you cut their tongue, Sri Ram Sene will reward them with RS. 1 lakh for each tongue. Hence Rs. 3 lakh for three tongues will be rewarded to them. pic.twitter.com/etsX7OLw4c — Imran Khan (@keypadguerilla) February 20, 2020 In the video, he is heard saying, “The people who've chanted Pakistan Zindabad, if you cut their tongue and bring it to us, Sri Rama Sene will pay Rs 1 lakh for each tongue, which is Rs 3 lakh in total. Such traitors are not fit to stay in our country.” Police are yet to take any action in connection with the incident. The three students Talib Majeed, Basit Asif Sofi and Aamir Mohiuddin Wahi, were arrested after an allegedly seditious video featuring them became viral. In that video, the trio is allegedly heard saying "Azaadi”, "Pakistan" and "Zindabad" over a song purportedly made by the Pakistan Army in the background.  They had courted arrest after protests and complaints by the Bajrang Dal and the ABVP. Currently, all three students are in judicial custody till March 2. Incidentally, on Tuesday, when the students were being produced in court, they were assaulted by members of the ABVP and Bajrang Dal as they were making their way out of the court hall.  Based on that, police had registered a suo motu case against unnamed persons for the attack. The Hubbali Bar Association had also passed a resolution not to represen the accused, calling them anti-nationals, and urged other lawyers in the state to also boycott them. But, on Thursday, the Karnataka High Court had taken strong objection to the stand by Hubbali Bar Association and asked the Hubbali Police Commissioner to  give protection to lawyers willing to represent the accused.
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SC allows Karnataka's plea for notification of tribunal award for Mahadayi water

Water
In an interim order, SC allowed the Mahadayi Water Dispute tribunal, which allocated 13.42 TMC water from the Mahadayi river basin to Karnataka.
Amol Gaitonde via Wikimedia Commons
The Supreme Court in its interim order on Thursday allowed the plea of the Karnataka government for implementation of the final award by a tribunal for sharing of water between Goa, Karnataka and Maharashtra from the Mahadayi river. The interim order was passed by a bench comprising Justice D Y Chandrachud and Justice Hemant Gupta after hearing the counsel from the three states. The bench said the final hearing in the matter will take place in July. It also said the interim order is subject to the final outcome of the petitions filed by the three states against the tribunal's award. The Mahadayi Water Dispute tribunal had passed the order on August 14, 2018, allocating 13.42 TMC ( Thousand Million Cubic Feet.) water (including 3.9 TMC for diversion into the depleted Malaprabha river basin) from the Mahadayi river basin to Karnataka. Maharashtra was allotted 1.33 TMC water while Goa was given 24 TMC in the final decision of the tribunal. The UPA-2 government had constituted Mahadayi Water Disputes Tribunal in 2010. Karnataka government, which has locked horns with the neighbouring Goa on the larger issue of sharing Mahadayi River water between both the states, had petitioned the tribunal seeking the release of 7.56 tmcft of water for the Kalasa-Banduri Nala project. The Kalasa-Banduri Nala (diversion) project, which will utilise 7.56 tmcft of water from the inter-state Mahadayi river, is being undertaken by Karnataka to improve drinking water supply to the twin cities of Hubballi-Dharwad and the districts of Belagavi and Gadag. It involves building barrages across Kalasa and Banduri, the tributaries of the Mahadayi River, to divert 7.56 tmc water to the Malaprabha river which fulfils the drinking water needs of the twin cities.
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BJP slams student for saying 'Pak Zindabad', her father calls for action against her

CAA
Deputy Chief Minister of Karnataka CN Ashwath Narayan said that "traitors" are seen at anti-CAA protests.
After a Bengaluru journalism student was detained by the police at Freedom Park for shouting Pakistan Zindabad, the BJP in Karnataka claimed that all “traitors” were among protests against the Citizenship Amendment Act. Amulya Leona, who was called as a speaker at an event in which AIMIM Chief Assaduddin Owaisi also participated, began her speech by saying “Pakistan Zindabad” thrice. Though Owaisi, other event organisers including AIMIM and Hindu Muslim Sikh Isai Federation members and the police try to pull her away, Amulya goes to to say Hindustan Zindabad thrice. She then added as her mike was taken away, "There is a difference between Pakistan Zindabad and HIndustan Zindabad. The reason why I said Pakistan Zindabad...”, she can be heard saying. However, she was dragged off the stage by the police then, before she completes the sentence. Reacting to the turn of events, the state BJP dubbed all protests against the Citizenship Amendment Act as a joint venture between Pakistan and 'anti-national forces' in India. BJP state President Nalin Kumar Kateel condemned the speech and said strict action must be taken against Amulya. Deputy Chief Minister of Karnataka CN Ashwath Narayan said that traitors are seen at anti-CAA protests. “We can see traitors in CAA protests. Now the real reason behind CAA protests are clear. Freedom of expression is important in a democracy but making seditious speeches is strongly condemned by the BJP and I believe that stringent action must be taken against such forces,” Ashwath Narayan added. BJP National General Secretary (Organisation) BL Santhosh claimed that fringe elements have taken over the protests against the CAA. “Look at the madness called anti CAA Protests. A left activist shouting Pakistan Zindabad slogan in Bengaluru. Fringe has totally taken over the protests. Time to say enough is enough,” he said in a tweet. BJP MP from Udupi-Chikkamagaluru, Shobha Karandlaje claimed that Amulya had a hidden agenda, alothough the police are yet to interrogate her properly. “So called student activist's hidden agenda exposed!! Amulya Leona, who heckled nationalist Mahesh Hegde at the Mangaluru airport was caught for shouting Pakistan Zindabad slogans in CAA protests. These protests are not against CAA, it's a plot by pro-Pakistan elements to create unrest in the country,” she said. The Karnataka Congress also condemned Amulya’s speech and said, “Raising slogans in praise of an enemy country is condemnable. Stringent action must be taken by the government,” the Congress said in a tweet. Student’s parents condemn incident The father of the Bengaluru student, who shouted Pakistan Zindabad, was heckled by members of a pro-Hindu group in Chikkamagaluru on Thursday night. In a video, three men can been seen questioning him asking him whether he condemns his daughter’s statement and demanding that he not allow her back into his house. Her father initially asks them whether they have come to kill him. “She is a traitor. How can you let her inside your house after what she said? If you are a patriot, you won’t,” one of the men can be heard saying. The group then demands that Amulya's father should say Bhart Mata ki Jai. “What my daughter said was 100% wrong. Let her stay in prison for six months. She must be beaten up," the father replies. “Will you get her bail? Will you?” the men can be heard saying. “No, I will not pay for my daughter’s bail and I won’t appoint a lawyer for her,” her father says. The heckling continues and the father finally says, “Bharat mata ki jai”.  Meanwhile, a first information report (FIR) has been registered against Amulya under sections 124a (sedition), 153A (prompting enemity between groups through by words or signs), 153B (Imputations, assertions prejudicial to national-integration) and 505(2) (statements promoting enmity, hatred or ill-will between classes) of the Indian Penal Code.  According to reports, Deputy Commissioner of Police (Bengaluru West) Ramesh Banoth will produce Amulya in the court after all formalities.
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Problems with CDC coronavirus test delay expanded U.S. screening

The delay could impede the U.S. government’s ability to detect scattered cases before they snowball into larger outbreaks.

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