Pulwama Youth Moves High Court, Wants Communication Blackout Lifted

A Kashmiri youth from Pulwama who lives in Bengaluru has moved the Karnataka HC seeking immediate restoration of all modes of communication, including mobile, landline & internet connections in Jammu & Kashmir.

In his petition, Syed Peerzada Suheel Ahmed, 23, a resident of Electronics City, claimed the communication blackout imposed by the central govt since Aug 4 have left many like him without any means to confirm his family’s safety. The clampdown has violated his fundamental rights guaranteed under Articles 14, 19(1) (a) & 21 of the Constitution, Syed maintained.

According to Syed, his father suffers from diabetes, his mother from thyroid & grandmother from several old-age related issues.

The petition came up before Justice Alok Aradhe on Tuesday & was adjourned to Aug 30.

R. Roshan Baig moves High Court against SIT’s ‘illegal detention’

R. Roshan Baig, Shivajinagar MLA, on Tuesday moved the Karnataka High Court stating that he was taken into “illegal captivity” by the Special Investigation Team (SIT) on Monday to allegedly serve the “purpose of the ruling party to coerce him to support the government during the coming floor test even though he had submitted his resignation to the post of MLA on July 11 itself”.

Justice Alok Aradhe, before whom the petition came up for hearing around 5.15 p.m., ordered issue of notices to the State & the SIT after Mr. Baig’s counsel had in the afternoon sought urgency to hear the petition.

Later, his counsel said there was no urgency as the SIT had released the MLA after the petition was filed. Further hearing was adjourned till July 30.

Mr. Baig was detained by the SIT at Kempegowda International Airport on Monday night when he was on his way to board a flight to Pune.

It has been claimed in the petition that the senior officers of the SIT “suddenly attacked” him in a high-handed manner at the airport & took him into “illegal captivity” stating that he is required for an inquiry into the IMA scam case though the SIT itself had given him time till July 19 to appear “as a witness” in the case.

CM’s tweet
The reality that the SIT officials were acting at the instance of the ruling party became clear as the Chief Minister tweeted that Mr. Baig had been taken into custody by the SIT & the tweet “is a clear proof of unseen forces playing in the background by misusing the law enforcement machinery”, it was stated in Mr. Baig’s plea.

“The only intention of the SIT was to assist & aid the ruling government to coerce the petitioner to withdraw his resignation & support the government in the vote of confidence…,” it has been alleged in the petition, while pointing out that he was one among the MLAs who have approached the Supreme Court questioning non-acceptance of their resignation by the Speaker.

Mr. Baig, in the petition, has also denied having any nexus with IMA Group’s Mansoor Khan while clarifying that he had interacted with Mr. Khan as an MLA & as Mr. Khan had been involved in some social activities. Also, Mr. Baig alleged that certain persons in his political party were trying to tarnish his image by making false allegations linking him to the IMA scam after he spoke against some leaders of his party.

Karnataka HC directs striking private doctors to resume work

 Karnataka HC directs striking private doctors to resume work
Karnataka HC directs striking private doctors to resume work

The Karnataka High Court today passed an interim order directing the agitating private doctors to restore forthwith their medical services.

A Division Bench comprising acting Chief Justice H G Ramesh and Justice P S Dinesh Kumar observed that basic medical services were a right to life for every citizen.

The bench also observed that disobeying its order will amount to violation of court order.

Yesterday, the court had asked private hospital doctors to immediately withdraw their indefinite stir.

The bench had observed that the doctors should call off their protest as the state government had an “open mind on the issue”, and asked them to participate in the talks convened by Chief Minister Siddaramaiah at Belagavi today.

The bench had also said there was no strong case for the doctors to protest as the KPME amendment bill has not yet been tabled in the Assembly.

The doctors are opposing the amendments to the Karnataka Private Medical Establishments (KPME) Act, 2007, which among others propose six months to three years jail term and hefty penalty for medical negligence on the part of doctors.

The proposed amendments are based on recommendations of former Supreme Court judge Vikramajit Sen.

The petitions complained about severe hardship being caused to the public due to the strike.

Health services in the state have hit as doctors across the state have shut down clinics and outpatient services in private hospitals indefinitely since yesterday as a protest against the proposed bill.

( Source – PTI )

Karnataka HC asks doctors to withdraw indefinite stir

Karnataka HC asks doctors to withdraw indefinite stir
Karnataka HC asks doctors to withdraw indefinite stir

The Karnataka High Court today asked private hospital doctors, who are agitating against amendments to an act governing them, to immediately withdraw their indefinite stir.

Division bench comprising acting Chief Justice H G Ramesh and Justice P S Dinesh Kumar observed that the the doctors should call off their protest as the government has an “open mind on the issue”, and asked them to participate in the talks convened by Chief Minister Siddaramaiah.

The doctors are opposing the amendments to the Karnataka Private Medical Establishments (KPME) Act, 2007, which among others propose six months to three years jail term and hefty penalty for medical negligence on the part of doctors.

The proposed amendments are based on recommendations of former Supreme Court judge Vikramajit Sen.

The bench said there was no strong case for the doctors to protest as the KPME amendment bill has not yet been tabled in the Assembly, and adjourned further hearing on the PIL petitions on the matter for tomorrow.

The petitions complained about severe hardship being caused to the public due to the strike.

Health services in the state were hit as doctors across the state have shut down clinics and outpatient services in private hospitals against the proposed bill, which is likely to be tabled in the Assembly during the ongoing winter session.

( Source – PTI )

Yeddyurappa moves HC seeking quashing of ACB case against him

Yeddyurappa moves HC seeking quashing of ACB case against him
Yeddyurappa moves HC seeking quashing of ACB case against him

Former Karnataka chief minister and state BJP chief B S Yeddyurappa has moved the high court, seeking quashing of the Anti-Corruption Bureau (ACB) proceedings against him in connection with an alleged illegal land denotification.

He filed the petition in the Karnataka High Court yesterday after the ACB had summoned him to appear before it.

Yeddyurappa has been accused of de-notifying 257 acres of land from a preliminary notification of 3,546 acres, meant for the formation of the Dr K Shivaram Karanth Layout, “bypassing” the Bengaluru Development Authority (BDA) committee’s approval, when he was the chief minister between May, 2008 and July, 2011.

Two FIRs had been filed against the BJP leader, based on a complaint by a member of the ‘Jana Samanya Vedike’, a social organisation.

In his petition, Yeddyurappa alleged that the ACB was being used to target the opposition leaders in the state, “in retaliation” to the recent Income Tax raids on Karnataka Energy Minister D K Shivakumar’s properties.

He also charged that the FIRs against him were a result of “political vendetta and mala fide intentions”.

The former chief minister contended that there was no question of any denotification of land by him since the entire land acquisition was quashed by the high court in 2014.

Yeddyurappa, who was asked to appear before the ACB yesterday, has sought 10 days’ time, saying he needed to gather all the facts related to the matter.

Pointing out that there was a gap of only two days between the date of issuing the summons and the date of appearance, Yeddyurappa said upon his request, he was given the copies of the complaint and the FIR, along with the preliminary inquiry report, only on August 18.

( Source – PTI )

Karnataka HC directs SIT not to arrest Kumaraswamy in mining case

Karnataka HC directs SIT not to arrest Kumaraswamy in mining case
Karnataka HC directs SIT not to arrest Kumaraswamy in mining case

In a relief to former chief minister and state JDS chief H D Kumaraswamy, the Karnataka High Court today directed the Special Investigation Team (SIT) not to arrest him till June 20 in an illegal mining case.

Justice Rathnakala passed the order on an application for anticipatory bail moved by Kumaraswamy after the special court turned down his bail plea on Tuesday in the Janthakal mining company case.

The judge then posted the matter to June 20.

Kumaraswamy, son of former prime minister H D Deve Gowda, is accused of putting immense pressure on the then commissioner of mines, Gangaram Baderiya, to clear a file in favour of Janthakal mining firm in 2007, when he was the chief minister.

Baderiya, now the principal secretary (revenue), was arrested by the SIT on May 15 for allegedly allowing the firm to illegally lift one million tonnes of mined ore in Chitradurga, based on forged documents.

The SIT had summoned Kumaraswamy, following the arrest of Baderiya.

Kumaraswamy had earlier said that he had no role in the case and would come out clean.

He also had accused the Congress government of targeting him ahead of the 2018 assembly polls.

Meanwhile, speaking to reporters today, Kumaraswamy said he has nothing to fear and knows about the strength of the case.

He also questioned as to why the government which is fast tracking the Janthakal mining case involving him was not taking similar action relating to former chief minister Dharam Singh who is also facing charges in the case.

Asked whether he was being victimised, he said, “There is no doubt about it.

( Source – PTI )

Karnataka HC directs SIT not to arrest Kumaraswamy in mining case

Karnataka HC directs SIT not to arrest Kumaraswamy in mining case
Karnataka HC directs SIT not to arrest Kumaraswamy in mining case

In a relief to former chief minister and state JDS chief H D Kumaraswamy, the Karnataka High Court today directed the Special Investigation Team (SIT) not to arrest him till June 20 in an illegal mining case.

Justice Rathnakala passed the order on an application for anticipatory bail moved by Kumaraswamy after the special court turned down his bail plea on Tuesday in the Janthakal mining company case.

The judge then posted the matter to June 20.

Kumaraswamy, son of former prime minister H D Deve Gowda, is accused of putting immense pressure on the then commissioner of mines, Gangaram Baderiya, to clear a file in favour of Janthakal mining firm in 2007, when he was the chief minister.

Baderiya, now the principal secretary (revenue), was arrested by the SIT on May 15 for allegedly allowing the firm to illegally lift one million tonnes of mined ore in Chitradurga, based on forged documents.

The SIT had summoned Kumaraswamy, following the arrest of Baderiya.

Kumaraswamy had earlier said that he had no role in the case and would come out clean.

He also had accused the Congress government of targeting him ahead of the 2018 assembly polls.

Meanwhile, speaking to reporters today, Kumaraswamy said he has nothing to fear and knows about the strength of the case.

He also questioned as to why the government which is fast tracking the Janthakal mining case involving him was not taking similar action relating to former chief minister Dharam Singh who is also facing charges in the case.

Asked whether he was being victimised, he said, “There is no doubt about it.

( Source – PTI )

Karna HC directs NCLT to hear afresh bankruptcy proceedings of Falcon Tyres

Karna HC directs NCLT to hear afresh bankruptcy proceedings of Falcon Tyres
Karna HC directs NCLT to hear afresh bankruptcy proceedings of Falcon Tyres

Disposing of a plea of a tyre manufacturer, the Karnataka High Court has directed the National Company Law Tribunal (NCLT) to hear afresh bankruptcy proceeding of Falcon Tyres, filed by Edelweiss Asset Reconstruction Company (ARC).

Falcon Tyres’ promoter Pawan Ruia had approached the high court seeking a fair trial, stating that principle of natural justice was denied to him by the NCLT on grounds that he was not given adequate time to respond to Edelweiss’ notice.

“We were not heard, which is against the principle of natural justice,” Kedar, counsel of Ruia, had submitted before Justice A S Bopanna.

In his plea, Ruia had sought a stay on NCLT’s liquidation of Falcon Tyres as he was not given adequate time to respond to NCLT notices on the matter.

After Falcon Tyres got the stay, Edelweiss also this year approached the Supreme Court, which directed NCLT against liquidating Falcon Tyres until the Karnataka High Court gave its verdict.

In 2015, Falcon Tyres had approached ARC, which undertook the job of identifying and bringing investors for tyre manufacturer in order to cut its incurred losses.

After two years, Edelweiss moved NCLT seeking liquidation of Falcon Tyres under the Insolvency and Bankruptcy Code for default.

NCLT, a quasi-judicial body, is law-bound to come up with a resolution within 180 days of the plea being submitted relating to companies.

Earlier today, Edelweiss withdrew its plea in the Supreme Court against Karnataka High Court order shooting down the company’s original plea seeking liquidation of the tyre manufacturer.

( Source – PTI )

SC asks Mallya whether he truthfully disclosed assets

SC asks Mallya whether he truthfully disclosed assets
SC asks Mallya whether he truthfully disclosed assets

The Supreme Court today put forth searching questions to liquor baron Vijay Mallya on the disclosure of his assets to the court.

A bench comprising Justices A K Goel and U U Lalit asked Mallya if he had been truthful after a consortium of banks led by the SBI alleged that USD 40 million was transferred by Mallya to his three children in complete violation of the Karnataka High Court order.

Moreover, the fact that USD 40 million was received by Mallya from a United Kingdom-based company Diageo PLC was not disclosed before the court here, Attorney General Mukul Rohatgi, appearing for the banks, alleged.

Taking note of the allegation, the bench asked the counsel for Mallya to respond to the AG’s query whether “he truthfully disclosed his assets or not”.

It also wanted to know as to whether by transferring USD 40 million to his children, he violated the Karnataka High Court order in this regard or not.

The Karnataka High Court had restrained Mallya from transferring or alienating any movable and immovable assets to any third party.

The bench would resume hearing at 2 PM.

( Source – PTI )

Implement larger pictorial warning on tobacco products: SC

tobaccoThe Supreme Court on Wednesday asked the tobacco companies to immediately implement larger pictorial warning on tobacco products.

The apex court lifted the stay on the Centre’s order for 85 percent warning granted by the Dharwad Bench of the Karnataka High Court.

The Supreme Court also transferred all cases challenging the tobacco product warning rule to the Karnataka High Court.

The apex court directed the Karnataka High Court to decide the case in eight weeks.

The Supreme Court stated that no order is valid until the matter is fully disposed by the Karnataka High Court.

Karnataka Health Minister U.T. Khader had earlier in his letter to Union Health Minister J.P. Nadda appreciated the Union Government for the steps it has taken to battle the tobacco menace, but demanded that the government should not step back on its decision on the pictorial warnings displayed on the cigarette packs and other tobacco products.

Earlier, the Centre had ordered that tobacco products would carry 85 percent pictorial warnings.

The Health Ministry’s notification of September 24, 2015, for implementation of the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014, came into force from April 1 onwards. These prescribed larger pictorial warnings on tobacco products.

Earlier, the Health Ministry had made a commitment to the Rajasthan High Court on March 28 this year that all tobacco products manufactured from April1onwards would carry larger pictorial health warnings. (ANI)