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Karnataka: Trust vote put off, Speaker seeks clarification of Supreme Court order

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Karnataka: Trust vote put off, Speaker seeks clarification of Supreme Court order

The debate on confidence motion moved by Karnataka chief minister HD Kumaraswamy today (Thursday, July 18) was adjourned as Speaker KR Ramesh sought time to seek legal advice on the issue of whip imposed by Congress and JD(S) to rebel MLAs in light of the Supreme Court order.

The top court yesterday barred the dissenting MLAs from being compelled to attend the trust vote, which may be construed as, in effect, allowing them to defy the party whip.

As chief minister Kumaraswamy, who initiated the discussion on trust vote, was still speaking, Siddaramaiah told the Speaker that before the assembly got down to discussing the trust vote, it would have to be spelt out if he, as leader of the Congress legislature party, still had the right to issue a whip to order all his MLAs to be present and vote in the trust vote.

From a legal perspective, Siddaramaiah stressed that the Supreme Court had infringed on the rights of the legislature party by issuing a directive which curtailed his powers though they were not parties in the case and hadn’t been heard.

The Speaker sought time to obtain legal advice after Congress leader Siddaramaiah moved a point of order saying powers of political parties to control their legislators – as provided by the 10th Schedule of the Constitution (anti-defection law) would be affected if the Supreme Court order is interpreted as barring issuance of the whip to the 15 rebel MLAs.

Siddaramaiah insisted that Speaker KR Ramesh Kumar should first clarify on the Supreme Court order.

This put the Speaker in a quandary. “I am worried because I am a respondent and I am the one who will have to make a decision on the whip violation,” the Speaker said.

Siddaramaiah, reported The Hindustan Times (HT), said: “Our contention is simple. The Supreme Court order is an infringement on the rights of the party. It is our right to issue a whip. Either the Speaker or the court must clarify the status of the MLAs.”

An MLA who violates the whip is liable to be disqualified by the Speaker. If they are not allowed to resign but end up being disqualified under the anti-defection law, they cannot be ministers in the government during the tenure of the existing assembly.

This bar was introduced in 2003 on the recommendations of the constitution review panel set up in the late nineties. This panel felt a defector should be penalised by debarring him or her from holding any public office as a minister for at least the duration of the remaining term of the existing legislature or until, the next fresh elections.

BJP members alleged that the coalition, whose numbers had dwindled from 117 to 106, were trying to stall for time to bring back rebels.The coalition saw one of its MLAs return thus reducing the number of rebels from 16 to 15. Senior Congress leader Ramalinga Reddy returned to the party and attended the session Thursday.

Also Read: Ayodhya case: SC asks mediation panel to finalise report by July 31, next hearing on Aug 2

If the Speaker were to accept all the 16 resignations, the assembly’s strength would dip to 209 and reduce the wobbly 15-month-old coalition to 101 seats. The BJP’s strength would be 105, and it is expected to be backed by one independent who has withdrawn support to the coalition.

Speaker KR Ramesh Kumar hasn’t accepted the resignations yet, prompting 15 of the rebel legislators to approach the Supreme Court. In its interim ruling, the top court gave the speaker a free hand to decide on the resignations and the disqualification petitions filed by the ruling coalition. But a bench led by Chief Justice of India Ranjan Gogoi also ruled that the 15 rebel lawmakers could not be compelled to attend or vote in the floor test.

It is this part of the order – also criticised by experts – that the Congress’ Siddaramaiah red-flagged in the state assembly. As Kumaraswamy was still speaking, Siddaramaiah told the speaker that before the assembly got down to discussing the trust vote, it would have to be spelt out if he, as leader of the Congress legislature party, still had the right to issue a whip to order all his MLAs to be present and vote in the trust vote.

From a legal perspective, Siddaramaiah stressed that the Supreme Court had infringed on the rights of the legislature party by issuing a directive which curtailed his powers though they were not parties in the case and hadn’t been heard.

India News

Former Karnataka CM Yediyurappa booked under POCSO for assaulting 17-year-old

The prominant BJP leader has been booked under the POCSO (Protection of Children from Sexual Offences) Act, and 354 (A) IPC.

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Former Karnataka Chief Minister and senior BJP leader BS Yediyurappa has been booked under the POCSO (Protection of Children from Sexual Offences) Act, and 354 (A) IPC for assaulting a 17-year-old girl.

According to the FIR, the victim was sexually harassed on February 2 when she and her mother visited him seeking help in another alleged sexual assault case. Reportedly, the 81-year-old BJP leader sexually assaulted the victim after dragging her into a room. When the victim ran out of the room, she complained to her mother about the assault, as per the reports.

The mother of the minor girl filed a complaint with the Sadashivanagar Police in Bengaluru.

Meanwhile, Yediyurappa has rejected the allegation and questioned the timing of the complaint, coming just weeks ahead of the Lok Sabha election.

Addressing the media, the senior BJP leader said he helped the complainant financially. The timing is questionable since the FIR comes just ahead of the polls, he said.

He also claimed that the minor girl visited him seeking help with some cases of cheating. However, the girl didn’t speak to him properly which gave him the idea that she may not be mentally sound, the former CM said.

A few days ago a woman came to his house. She was crying saying that there was some problem. Yediyurappa asked her what was the matter and he personally called the police commissioner about the matter and told him to help her, the former Karnataka CM said while speaking to reporters. Later, the woman started talking against him. He brought this matter to the attention of the police commissioner, he added. However, police filed a complaint against him on Thursday.

Karnataka Home Minister G Parameshwara said a lady registered a complaint against Yediyurappa last night. Police have registered the case. Until they know the truth, they can’t reveal anything, he asserted. This is a sensitive thing as it involves a former CM and he added he doesn’t think there is any political angle to this. If the distressed woman needs protection, then it will be given, he further added.

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India News

Karnataka Chief Minister Siddaramaiah inaugurates Indira canteen at Bangalore International airport

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Chief Minister Siddaramaiah on Monday unveiled an Indira Canteen at Bengaluru’s Kempegowda International Airport and said that 600 Indira Canteens would be set up across Karnataka, including in the national capital. The Bruhat Bengaluru Mahanagar Palike, which runs the canteen, expects around 2000 customers, mostly airport cab drivers and bus drivers of the Bengaluru Metropolitan Transport Corporation.

The canteen, along with the kitchen has been constructed at a cost of Rs 1.35 crore. A BBMP official said that the passengers were also expected to have food at the canteen. He added many passengers are going to depend on Indira Canteen for their food.

After unveiling the canteen Siddaramaiah said they are starting 188 new Indira Canteens in Bengaluru taking the total count in the state to 600. He said 2 canteens have been started as per demand as per demand of taxi drivers and other drivers. He said 40 canteens have already been completed and the rest are underway. The Karnataka Chief Minister said the purpose of the Indira Canteen is to provide meals and breakfast to the poor at low rates.

He said breakfast will be provided at Rs 5 and lunch and dinner will be available at Rs 10. The chief minister said the food menu has been changed and a dining hall has been arranged. He said Indira Canteens will be set up in every ward of Bengaluru and also in other parts of the state.

Setting up Indira canteens was one of the 36 demands submitted by the federation of cab and autorickshaw drivers associations to Transport Minister Ramalinga Reddy. The demand came in view of driver’s stressful commute between the airport and the city and also the exorbitant rates charged by restaurants at the airport terminals.

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Rameshwaram Cafe blast: NIA releases new video showing suspect boarding bus, changing seats, seeks help

NIA released new video of suspect and asked citizens to call them on their numbers – 08029510900, 8904241100.

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The National Investigation Agency (NIA) on Friday released a new video of the suspect, showing him boarding a bus and changing seats, in the Rameshwaram Cafe blast case in Karnataka’s Bengaluru and requested citizens to help them ascertain his identity.

Releasing the CCTV video of the suspect, the central probe agency asked the citizens with relevant information related to the suspect to call them on their numbers (08029510900, 8904241100) or email them (info.blr.nia@gov.in).

Earlier on March 7, the probe agency shared new photos of the suspected bomber in the Bengaluru blast. The suspect was seen in the photographs travelling on a bus without a mask and cap. At least ten persons were injured in the explosion that happened on March 1 at the Rameshwaram Cafe in Brookfield, East Bengaluru.

On March 5, the suspect was spotted in Tumakuru area at a bus stop. One day later, he left the Andhra Pradesh Secretariat and got on a bus bound for Gokarna. In West Bengal, the suspect got off the bus close to Bhatakul.

NIA has also found the suspect’s baseball cap outside a neighbouring mosque. According to a report, it appeared that the suspect from Bangalore changed his attire following the explosion.

The central agency, on March 6, announced a Rs 10 lakh cash reward for any information on the man who planted the low-intensity IED in the Rameshwaram cafe that left ten people injured. The NIA had said that the identity of the informant would remain confidential in the case and issued a drawing of the accused in a wanted poster.

Both NIA and the Central Crime Branch have been searching for the accused, but no arrests have been made in the blast investigation so far. The Karnataka government refused to turn over the inquiry to the central agency, therefore the Union Home Ministry instructed the NIA to start its investigation on Tuesday.

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