Nayak's appointment as law panel chief challenged

December 16, 2014

S R Nayak
Bengaluru, Dec 16: The appointment of Justice S R Nayak as the chairman of the Karnataka Law Commission has been challenged before the Karnataka High Court.

A writ petition has been filed in this regard by H M Farooq stating that Justice Nayak's appointment as chairman was in violation of the Protection of Human Rights Act.

The State government had appointed Justice Nayak as the chairman of the Law Commission in June 2013. A person to be appointed chairman of the Law Commission shall be a person who has held the office of the Chief Justice of High Court or that of a judge of the Supreme Court. Justice Nayak was the Chief Justice of the Chhattisgarh High Court.

In the capacity of a retired Chief Justice, Justice Nayak was appointed chairperson of the Karnataka State Human Rights Commission in 2007. He served as chairperson of the SHRC from July 2007 to July 2012. Justice Nayak took charge as the Law Commission chairman on June 27, 2014.

The petitioner claimed that the government notification (Number/Law/26 /KLM 2014 dated 26.06.2014) was in contrary to Section 24 (3) of the Protection of Human Rights Act. The petitioner stated that Section 24 (3) of the Protection of Human Rights Act 1993 stipulates that, œOn ceasing to hold office, the chairperson or a member (SHRC) shall be ineligible for further employment under the government of the State or under the Government of India. 

œIt is pertinent to note that Justice Nayak, after ceasing as chairperson of Karnataka Human Rights Commission, was once again appointed and employed by the Government of Karnataka with utter disregard for the provisions of Section 24(3) of the Protection of Human Rights Act,  the petitioner claimed.

The petitioner has prayed for quashing of the appointment of Justice Nayak as the chairman of the Law Commission.

œThe Law Commission of Karnataka is a very important body under the Government of Karnataka, which is constituted to look into the lacunae in laws and recommend abolishing obsolete laws. The

appointment is ex facie illegal, void and abuse of process of law resulting in gross failure of justice. Further, it is in utter violation of the mandatory provision stipulated under the Protection of Human Rights Act,  the petitioner submitted.

The Karnataka Law Commission was constituted by the State government in 2009 and consists of a full-time chairman, a full-time member who shall be retired judge of High Court of Karnataka, a full-time member secretary who shall be retired district judge and five ex officio members who shall be Advocate General of Karnataka, Law Secretary of Karnataka, secretary, Karnataka Legislative Assembly or Legislative Council, Dean, Faculty of Law, Bangalore University, secretary, Parliamentary Affairs and one more ex officio honorary member, director, Karnataka Institute for Law and Parliamentary reform.

The functions of the Law Commission of Karnataka include suggesting amendment, modification in the existing laws, proposed laws, drafting new laws for effective functioning of the market economy, deletion of obsolete laws, providing assistance to the State Legislature in drafting laws, suggesting steps for administrative reforms and providing suggestions of settlement of inter-state disputes.

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News Network
April 23,2024

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Hubballi, Apr 23: Karnataka Chief Minister Siddaramaiah on Tuesday spoke to father of slain student Neha Hiremath over phone and said "sorry" over his daughter's killing, and assured that "we will be on your side".

The Chief Minister also informed Niranjan Hiremath, who is also a Congress councillor of Hubballi-Dharwad Municipal Corporation, about the government's decision to hand over the murder case to the Criminal Investigation Department (CID) and setting up a special court to fast-track trial.

"Niranjan... very sorry. We will be on your side," Siddaramaiah told Hiremath over the phone call during state's Law and Parliamentary Affairs Minister H K Patil's visit to Hiremath's house here.

In the conversation on Patil's phone with speakers on, Siddaramaiah can be heard informing Hiremath about the CID probe and setting up a special court.

"It is a serious offence... setting up a special court will ensure punishment for the accused person."

Hiremath thanked Siddaramaiah on behalf of his family well-wishers and the community for handing over the case to CID and setting up a special court "...ensure there is an order at the earliest and provide us justice," he said, as he also thanked Patil, Home Minister G Parameshwara, local Congress MLA Prasad Abbayya and others for their support.

Replying to this, Siddaramaiah said, "We will ensure it, at the earliest."

In a shocking incident, Neha Hiremath (23), was stabbed to death on the campus of BVB College last Thursday. The accused Fayaz Khondunaik, who fled from the scene, was arrested by the police subsequently.

Neha was a first year Master of Computer Application (MCA) student and Fayaz was earlier her classmate.

Siddaramaih on Monday had announced his government has decided to hand over the investigation into the incident to the Crime Investigation Department, and to set up a special court for speedy disposal of the case.

The case of brutal murder, which sparked widespread outrage, has snowballed into a political slugfest between ruling Congress and opposition BJP.

While the ruling party has tried to project it as an incident with personal angle, the saffron party has called it a "love jihad" case and has said it's a testimony of deterioration of law and order in the state.

Earlier, Siddarmaiah's statement that the murder was due to "personal reasons" and Home Minister G Parameshwara's comments that the duo was in love, has elicited sharp reactions from Hiremath and family members and opposition parties.

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News Network
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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April 12,2024

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Udupi, Apr 12: A family’s visit to a resort to enjoy Eid-ul-Fitr holidays turned tragic as a 10-year-old boy drowned in the swimming pool at Hengavalli in Kundapur taluk of Udupi district on Thursday. 

The deceased has been identified as Mohammed Azeez, a Class 4 student at Darussalam English Medium School in Hoode.

Azeez was, who had gone to the resort along with his parents, was playing in the pool when he lost balance and drowned. Even though he was rescued, he was in a critical condition and later breathed his last. 

The family members have accused the negligence of the resort management as the reason for Azeez's death. They said that the incident occurred due to the absence of safety equipment like life jackets and the lack of lifeguards near the swimming pool.

A case has been registered at Shankaranarayana police station and investigations are underway. 

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