The ‘full term’ decision of the coalition government
We all are well aware of the fact that state has a coalition government. It would be partial truth to say this government came to this agreement because they wanted to keep BJP out of power. Some people wanted to keep Siddaramaiah out of the power circles too. The results were conducive for that. If this coalition didn’t happen, would the JD(S) still maintain a distance from BJP? This question has no easy answer. Though Devegowda had said they would stay far from BJP, Kumaraswamy hadn’t bolstered it with his statement. He followed the wait and watch method. Even if JD(S) maintained a distance, the party feared that BJP would split their party and come to power. Congress stretched the hand of coalition having realized BJP would take the same route to form the government.
The desperation on this was so much that when Cong accepted HD Kumaraswamy as CM of the coalition government, the party didn’t have clarity on the aspect of whether he’d be the full term CM or for some particular time frame in the five years tenure they have. It has just been days since the coalition government has come into existence, the discussion on whether HDK is a full term CM is coming to the forefront. If this question has not been dealt with right now, this would definitely end the coalition government rather unceremoniously.
Was it imperative for Cong to join hands with JD(S) is the primary question. Even if JD(S) and BJP had formed the government, they would have never offered CM’s seat to HDK is the biggest truth. While accepting the ‘terms and conditions’; Cong should have negotiated clarity on whether it would be partial time by both parties in the CM’s chair. Both parties should have known keeping BJP out of power is important for both. But the results pushed DK Shivakumar and Parameshwar to be inevitable candidates. Siddu’s grip loosened on Cong and DKS held the reins. If JD(S) stretches hand of coalition with BJP, DKS and Parameshwar would have lost the opportunity. Hence, it was important to form the government immediately. And the ‘term’ discussion is in the forefront only now. While Parameshwar has said no decision has been taken on ‘full term CM’, HDK has been stating he would be the CM for the entire term. Siddu also reiterated Parameshwar’s words after discussion with high command of his party and said full term CM is something that wasn’t discussed earlier. That may mean HDK would have to vacate the seat after half a term. But Kumaraswamy has gone silent over the matter now. The silence is rather strategic too.
In less than 3 days of being in power, HDK has already spoken about ‘resignation’ because he feels he is at the beck and call of Cong High command and not that of the people of the state. ‘Loan waiver cannot be done in 24 hours. Farmers need to give me more time. If not, I’d waive off the loans,’ he says. Indirectly, he has indicated Cong is against loan waiver decision. ‘Beck and call’ words are against the spirit of democracy. Hence CM HDK has taken the voters and put them in the witness box. He says he does not need to be indebted to them because they didn’t give him majority seats. That he cannot waive off the loans in 24 hours is a fact.
HDK must have known he’d never get the majority to waive off loans, hence this promise was probably made in overconfidence. Today HDK sits in the CM’s chair owing to his own reputation, and not as a Cong man. If people wished for it, they could have given a massive blow to HDK by rejecting him and giving majority to BJP too. Hence HDK should know he is to be accountable to people of the state, and not Cong high command. To seek time to execute loan waiver is what a seasoned politician would do. The new CM has also threatened them with ‘resignation’ demon. Should the coalition government collapse tomorrow, HDK has already prepared his own pitch. This is an indirect warning to Cong too.
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SC sets aside HC order granting bail to police officer accused of raping minor
New Delhi (PTI): The Supreme Court has set aside the Allahabad High Court order granting bail to a police officer accused of raping a 13-year-old girl who was brought to a police station in Uttar Pradesh for registering a complaint of alleged sexual assault on her by four persons.
The apex court said that there is no reason to justify the grant of bail to the accused who was the Station House Officer (SHO) and allegedly grossly abused his office to commit "same heinous crime" of raping the minor victim.
A bench of justices A S Bopanna and Sanjay Kumar delivered the order on a plea filed by the victim's mother challenging the March 2 last year order of the high court.
"In the present case, the situation is far worse as respondent no.1, being the station house officer of the police station, where the minor victim girl was brought for securing her justice, is alleged to have resorted to committing the same heinous crime of raping her," the bench said in its order passed on Friday.
"In this situation, his prayer for grant of bail required more than the cursory appraisal that was bestowed by the high court. We do not find any reasons worth the name justifying the grant of bail to respondent no.1 at this stage," it said.
It allowed the appeal filed by the victim's mother and set aside the high court order.
The bench directed that the accused shall surrender forthwith, failing which the state shall take necessary steps to apprehend him and send him to judicial custody.
Senior advocate H S Phoolka appeared for the victim's mother in the case.
She had approached the apex court against the high court order granting bail to the accused in an FIR lodged for alleged offences under various sections of the Indian Penal Code, including that of rape, and under the provisions of the Protection of Children from Sexual Offences Act, 2012 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In its order, the top court noted that according to the prosecution, the minor girl was placed in the custody of the SHO on April 27, 2022 in connection with registering a complaint against four men, who were alleged to have sexually assaulted her.
