High Court quashes private plaint against AI, AAI over 2010 Mangaluru air crash

News Network
March 7, 2021

Bengaluru, Mar 7: The Karnataka High Court has quashed a private complaint and cognisance of offences taken by a trial court in 2013 against the Airports Authority of India (AAI), the Air India Ltd. (AI) and its executives on the Air India Express 812 plane crash incident outside Mangaluru airport on May 22, 2010, in which 158 persons on board were killed.

The judicial magistrate first class, on February 19, 2013, had taken cognisance for offences like culpable homicide not amounting to murder, causing death by negligence under Indian Penal Code against AAI, AI and their executives based on the private complaint lodged on March 6, 2012, by Mangaluru-based 812 Foundation.

Justice Ashok G. Nijagannavar passed the order while allowing the petitions filed in 2013 by AAI and its executive Ansbert D’Souza, and AI and its executive Peter Abraham, who had questioned the legality cognisance taken by the magistrate court merely on the basis of “deemed sanction” for their prosecution.

The High Court has held that trial court had failed to consider that the charge sheet, filed by the jurisdictional police on the air crash incident, was closed by the trial court on February 13, 2012, as the two pilots of the aircraft, who were the only two named as accused, had also died in the crash.

Besides, the magistrate did not consider the report of the Court of Inquiry, conducted as per the law into the air crash, which had specifically pointed out that the crash occurred due to failure of the pilot, the High Court said, while pointing out the trial court, before taking cognisance of offence against the petitioners, had also failed to take into consider that petitioners were not named either in the charge sheet or in the report of the Court of Inquiry.

The High Court said the magistrate was not correct in holding that there exist “deemed sanction” for their prosecution as authorities did not decide complainant’s plea for grant of sanction within a specific period. The High Court said there is no concept of “deemed sanction” in law as the period of three to four months suggested by the apex court under Prevention of Corruption and such a suggestion has not been translated into a law by the Central government.
 

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News Network
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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News Network
May 12,2024

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Bengaluru: Karnataka Home Minister G Parameshwara on Sunday said that the Special Investigation Team (SIT), probing into sexual abuse charges against Hassan MP Prajwal Revanna, will not be going abroad to bring him back, and the Interpol will share information about him.

He also cautioned political leaders about making public statements or sharing information in connection with the case, which is sensitive.

The 33-year-old Prajwal Revanna, who is grandson of JD(S) patriarch and former Prime Minister H D Deve Gowda, is facing charges of sexually abusing several women.

The scandal has raised a political storm with the ruling Congress and BJP-JD(S) engaged in a slugfest.

Prajwal Revanna is said to have flown abroad on April 27, a day after the first phase of Lok Sabha polls in Karnataka was held.

He was BJP-JD(S) alliance's joint candidate from Hassan Lok Sabha segment, which went to polls in the first phase.

"No, there is no such option. Blue Corner Notice has been issued and the Interpol will share the information. The respective country in which he is found or identified - they will inform them (Interpol) and then our agencies, the CBI will get to know, and through them we will get to know."

"So far there is no information," Parameshwara said.

He was responding to a question on reports about the SIT team travelling abroad in connection with the case.

Speaking to reporters, he said, "Investigation is going on, not to affect the investigation we don't want to share any information."

Responding to a question on Union Minister Pralhad Joshi's statement alleging conspiracy behind the arrest of BJP leader Devaraje Gowda, for making allegations against Congress leaders in connection with the case, Parameshwara said, "If anyone says anything I cannot react to it. We cannot respond to every public statement. As this is a serious case, we cannot share information until the investigation is completed."

"My request to the public and to our leaders is to be cautious while making statements. If not, based on the statements given by them, we may have to call them for investigation and record their statement under 41 A of CrPC," he added.

Asked whether JD(S) leader H D Kumaraswamy will also be served notice, the Minister said he is a former CM and that he believes that the former has taken this case seriously.

"Before giving any statements on this case or before sharing any information in the public domain, one has to be cautious, and this applies to all," he added.

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News Network
May 8,2024

Mangaluru: The Mangaluru North police have apprehended a minor in connection with alleged voyeurism incident reported in a private medical college in Mangaluru. 

DCP (Law and order) Sidharth Goyal said that the minor was produced before JJ Board as per due procedure. The incident came to light when a mobile phone was found in women's washroom in the college. 

The mobile-phone was discovered as it was ringing even when no one was in the toilet by the security guard of the college. 

Investigations revealed that the mobile phone had been strategically placed in the restroom. As a result, a case has been registered under north police station.

Further scrutiny into the matter uncovered the identity of the accused, a minor male aged 17, who had gained access to the college premises under the guise of being a patient. Following his apprehension, the accused was presented before the Juvenile Justice (JJ) Board in adherence to legal protocols.

The phone has been seized and a case has been booked under IPC section 354 (C), said the DCP.

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