Babri demolition: SC restores criminal conspiracy charge against BJP leaders

April 19, 2017

New Delhi, Apr 20: The Supreme Court on Wednesday ordered that senior BJP leaders L K Advani, Murli Manohar Joshi and union minister Uma Bharti face criminal conspiracy charges for their role in the 1992 Babri Masjid demolition case.

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The apex court observed that the case shook the secular fabric of the Constitution 25 years ago. The top court also stated that the accused could not be tried because of “technical defects” and the conduct of the CBI and the Uttar Pradesh government.

A bench of Justices P C Ghose and R F Nariman ordered the separate trials being conducted in trial courts at Raebareli and Lucknow to be clubbed and conducted in the capital of Uttar Pradesh. It directed completion of the trial in two years.

There will be no fresh trial because of framing of conspiracy charges against the senior BJP leaders, the court said. However, the Lucknow court would face an onerous task because of about 800 witnesses in the case.

Abetment charge

Allowing the CBI's plea, the bench directed, “The court of sessions (Lucknow) will frame an additional charge under Section 120-B (of the IPC) against Advani, Vinay Katiar, Uma Bharti, Sadhvi Ritambara, Joshi and Vishnu Hari Dalmia.”

Former Uttar Pradesh chief minister Kalyan Singh could be spared for now for being the Rajasthan governor.

He enjoys immunity under Article 361 of the Constitution as long as he holds Governor's office. The sessions court will frame charges and move against him as soon as he ceases to be governor, the apex court said.

In a strong observation against the CBI, the bench said, “In the present case, crimes which shake the secular fabric of the Constitution of India have allegedly been committed almost 25 years ago.”

The accused have not been brought to book largely because of the conduct of the CBI in not pursuing the prosecution of the alleged offenders in a joint trial, and because of technical defects, which were easily curable, but not cured by the state government,” it said.

The bench rejected the plea of Advani and others that the court should not exercise its jurisdiction under Article 142 to order transfer of the pending matter before the Raebareli court to the Lucknow sessions court. “Almost 25 years have gone and yet we are solemnly reminded that Respondent Nos 4 and 5’s fundamental rights (of fair trial) should not be curtailed by any order passed under Article 142,” the bench said.

Daily trial

The Lucknow court was directed to conduct proceedings on a day-to-day basis until the conclusion of the trial. “There shall be no transfer of the judge conducting the trial until the entire trial concludes. The case shall not be adjourned on any ground except when the sessions court finds it impossible to carry on the trial for that particular date. In such an event, on grant of adjournment to the next day or a closely proximate date, reasons for the same shall be recorded in writing.”

The court also directed the CBI to ensure some witnesses were examined on every date of the hearing.

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May 3,2024

Mangaluru, May 3: The Mangaluru City Corporation will resort to water rationing from May 5 as the Thumbe vented dam, which supplies drinking water to the city, is facing a shortage in water storage.

Instead of daily supply, water will be supplied on alternate days, the Executive Engineer (Water Supply) at the corporation said in a release.

The release said that water will be supplied to Mangaluru City North on May 5. There will be no water supply to Mangaluru City North on May 6. Instead water will be supplied to Mangaluru City South on May 6. Likewise the supply on alternate days will continue.

The inflow in the Netravathi has stopped, the release said, requesting people to cooperate with the corporation and not waste water for washing vehicles and other purposes.

An engineer at the corporation said that water level at the dam stood at 4.27 m on Wednesday against the full storage level of 6 m. If water is supplied daily to the entire city (Mangaluru City North and Mangaluru City South) the existing storage will last only for 16 days, the engineer said. Hence the decision to supply water on alternate days has been taken to supply water till May-end.

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April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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May 6,2024

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Bengaluru: The Congress and BJP will lock horns on the electoral battleground again in less than a fortnight in Karnataka, as the stage is set for the second phase of elections in the 14 remaining Lok Sabha seats on Tuesday.

It is going to be a straight fight between the ruling Congress and BJP in Parliamentary segments in the northern districts. The JD(S) is not contesting in these seats and is supporting its National Democratic Alliance (NDA) partner -- the BJP.

The state has a total of 28 Lok Sabha constituencies. The first phase of polling in 14 seats in most of the southern and coastal districts was held on April 26.

A total of 227 candidates -- 206 men and 21 women -- are in the fray for the second phase.

More than 2.59 crore voters are eligible to exercise their franchise in 28,269 polling stations where voting will take place between 7 am to 6 pm.

The segments where elections will be held on Tuesday are: Chikkodi, Belgaum, Bagalkot, Bijapur, Gulbarga, Raichur, Bidar, Koppal, Bellary, Haveri, Dharwad, Uttara Kannada, Davangere and Shimoga.

In the 2019 Lok Sabha polls, BJP had swept all these 14 seats, defeating Congress and JD(S), which were in alliance and ruling the state then.

Having scored a thumping victory in the Assembly elections last year, the Congress now appears determined to put up a strong show.

Karnataka is the most important state for the BJP in south India as it's only here that it has held power in the past.

Speaking to PTI, Karnataka Chief Electoral Officer Manoj Kumar Meena said adequate security arrangements have been made for Tuesday's polling.

"Around 1.45 lakh polling officials have been deployed across the 14 constituencies. In addition, 35,000 civil police personnel, 65 companies of Central Paramilitary forces and armed police of other states will be deployed for the polling day," he said.

Besides this, 4,000 micro-observers will also be on duty and 17,000 polling stations will be covered by webcasting, he added.

Davangere has the maximum number of 30 candidates, followed by 23 in Shimoga and Raichur has the least number - eight.

Former Chief Ministers Basavaraj Bommai (Haveri) and Jagadish Shettar (Balgaum), Union Ministers Pralhad Joshi (Dharwad) and Bhagwanth Khuba (Bidar) -- all from BJP; Congress' Geetha Shivrajkumar (Shimoga) -- wife of actor Shivrajkumar and daughter of former CM S Bangarappa and AICC President Mallikarjun Kharge's son-in-law Radhakrishna Doddamani (Gulbarga), are among the prominent names in the fray.

Also in the contest are MP and veteran BJP leader B S Yediyurappa's son B Y Raghavendra, suspended party leader and former Deputy CM K S Eshwarappa -- both from Shimoga, former Speaker Vishweshwar Hegde Kageri and ex-Minister B Sreeramulu of BJP from Uttara Kannada and Bellary respectively and retired IAS officer G Kumar Naik of Congress from Raichur.

Stakes are high for several Ministers in this phase with their children in fray.

Sons of Ministers Laxmi Hebbalkar and Eshwar Khandre - Mrinal Ravindra Hebbalkar and Sagar Khandre - are contesting from Belgaum and Bidar respectively, while daughters of Ministers Satish Jarkiholi and Shivanand Patil -Priyanka Jarkiholi and Samyukta Patil- are in contention in Chikkodi and Bagalkot respectively.

Prabha Mallikarjun, wife of Minister S S Mallikarjun and daughter-in-law of veteran Congress leader Shamanur Shivashankarappa, is in the fray from Davangere.

The Congress' performance in the elections, especially in the second phase which covers almost all Lingayat-dominated districts, is crucial, as the party did not win one of them in 2019, and to also check whether the grand old party has managed to retain the support of a section of Lingayats -- considered as the BJP's core vote-base -- which seemed to have somewhat shifted towards it in the 2023 Assembly polls.

The Lok Sabha election is being seen as a big test of sorts for Congress state unit chief D K Shivakumar, who has made no secret of his ambition to become chief minister, amid speculations of change in guard mid-way of the Assembly term. The stakes are also high for Chief Minister Siddaramaiah, as victory in this election is seen as key to strengthening his hands, analysts say.

It is also seen as a kind of a "litmus test" for state BJP president B Y Vijayendra, who has the onerous task of helping the party retain its supremacy in the Lok Sabha polls, by regaining its traditional Lingayat vote-base.

Ensuring a BJP sweep is paramount for the son of veteran leader B S Yediyurappa, to consolidate his position and silence critics who have questioned his selection to the post, overlooking seniors and seasoned hands.

The ruling Congress is mostly banking on the implementation of its populist five guarantee schemes while the BJP seems to be leveraging the "Modi factor" to the hilt.

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