Establish three more NIA courts in Karnataka within six months: K'taka High Court
Bengaluru, Apr 28: The High Court of Karnataka has recommended that three more Special Courts for National Investigation Agency (NIA) cases be established in three revenue divisions of Karnataka, within the next six months.
"We hereby recommend the State Government to constitute/establish three Special Courts for trial of NIA cases in Mysore Division, Belagavi Division and Kalburgi Division within a period of six months from the date of receipt of copy of the order," the Division Bench of B Veerappa and Justice Venkatesh Naik T said in their judgment dismissing the appeals filed by 41 accused in the Hubballi riots case.
It would "ensure speedy trial and disposal of the NIA cases" in order to make justice accessible to the needy and "to fulfil the scope and object of the Unlawful Activities (Prevention) Act", the bench said.
A Special Court had rejected the bail pleas of the accused after which they approached the HC in two separate petitions.
In its common order on the two petitions, the HC said in its April 20 judgment, "On re-appreciation of the entire material on record, we answer the point raised in these criminal appeals in the negative holding that the appellants/accused have not made out a case to interfere with the impugned order passed by the Special Court rejecting their applications for regular bail in the peculiar facts and circumstances of the case."
While dealing with the bail petitions, the HC also noted that very old NIA cases had also been pending.
"As of today, for the entire State, the Government has established only one Special Court at Bangalore to deal with the cases under National Investigation Agency Act, 2008. By careful perusal of the statistical data, it is clearly depicted that NIA cases which are more than 8 to 9 years old are pending," it said.
The Court said it was high time that new courts were established.
"If the newly proposed Special Courts are not constituted/established, one Special Court in the entire State would be overburdened and will lead to inordinate delay in trial and disposal of NIA cases, which is against the Constitutional mandate as contemplated under Articles 14 and 21 of the Constitution of India," it said.
In Karnataka, Bengaluru Division consists of nine districts; Mysore Division consists eight districts, Belagavi Division consists seven districts and Kalburgi Division consists of six districts, the HC noted.
The HC also listed the number of cases pending in the existing Special Court. It found that one case was nine years old, two cases each were eight and seven years old, six cases were five years old, three cases six years old, eight cases two years old and five cases one year old.
"It is high time for the State Government to fulfill the scope and object of the UA(P) Act and ensure speedy trial and disposal by constituting/establishing three more Special Courts for trial of NIA cases in other revenue Divisions of Karnataka," the HC said.
The HC was hearing the appeal of 41 accused in the Hubballi riots on the night of April 16, 2022.
A complaint had been filed against a person for his Whatsapp status showing a saffron flag on a masjid.
Hundreds of people gathered in front of the Hubballi rural police station demanding action. They allegedly, with the "intention of committing the murder" of the police personnel, "assaulted with clubs, pelted stones and threw chappals on the police and caused injuries, destroyed the vehicles of police and public and government properties."
The police booked several people for the riots, and later the case was handed over to the NIA. The bail petitions of the accused were rejected by the Special Court on December 26, 2022 after which they approached the HC.
Rejecting their plea, the HC said, "Though several contentions urged by the learned counsel for the appellants for granting bail and the learned SPP for rejecting the bail, the fact remains that the accused have not made out any prima facie case to grant bail."
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Extensions in service setback to those who are in line: Vice President Dhankhar
Bengaluru, Jan 11: Vice President Jagdeep Dhankhar said on Saturday that extensions in service, in any form for a particular post is a setback to those who are in line.
Dhankhar was delivering the inaugural address at the 25th National Conference of Chairpersons of State Public Service Commission being held in Bengaluru.
According to him, extension of service indicates that some individuals are indispensable.
"Indispensability is a myth. Talent abounds in this country. No one is indispensable. And therefore, it lies in the domain of public service commissions at the state and the central level that when they have a role in such kinds of situations, they must be firm," added the VP.
He also said public service commissions' appointments cannot be driven by patronage, or by favouritism.
"We cannot have a public service commission Chairman or a member, wedded to a particular ideology or an individual. That will be undoing the essence and spirit of the framework of the constitution," said Dhankhar.
The Vice-President also frowned upon post-retirement recruitment and said it is antithetical to what was visualised by framers of the Constitution.
"In some states, it has been structured. Employees never retire, particularly those in the premium services. They get a number of ad-hoc nomenclatures. This is not good. Everyone in the country must have due and that due is defined by law," said the VP.
The VP also said fairness of selection has no meaning if paper leakages occur.
"Paper leakage has become an industry, a form of commerce. This is a menace that must be curbed," he added.
He commended the initiative the government has taken in this regard, with the Public Examinations (Prevention of Unfair Means) Bill, 2024.
The Vice President is also of the view that although it is "India's century", without a "calm political atmosphere" India will not really gain.
A vitiated political climate is far more dangerous than the climate change we are facing, he pointed out.
"Our polity at the moment is too divisive, too polarised. Interaction is not taking place at the premium level in political organisations."
The solution, according to him, is harmony in polity.
"Harmony is imperative. If there is no harmony in polity, if the polity is polarized, deeply divisive, with no communication channels functioning, imagine you are in an earthquake, you are lost and you have no connection with the outside world, things will be terrible for you," he added.
He also said for India to stand strong, we need strong institutions.
"Any institution, if it is weakened, the damage is to the entire nation. Weakening of an institution is like a prick on the body. The entire body will be in pain," said Dhankhar.
To build strong institutions, he added, states and Union governments must work in tandem.
"They must be in synergetic mode. They must be in sync with one another when it comes to national interest," said the VP.
Noting that discussion is deeply rooted in our civilizational ethos, the Vice President urged senior leadership for all political parties, irrespective of their ideologies, to "enhance dialogue, believe in consensus and always be ready for deliberation".
Karnataka Chief Minister Siddaramaiah, who was also present on the occasion, said Public Service Commissions are pillars of democracy, upholding meritocracy and fairness, and contributing immensely to governance.
"Karnataka has a rich history in public administration, starting with the Mysore Civil Services (MCS) examination initiated by Dewan Sir K Seshadri Iyer in 1892. This pioneering step set the foundation for a cadre of distinguished administrators, a legacy Karnataka continues to uphold with pride," he added.
He said tackling challenges such as paper leaks remains a top priority for Karnataka today. He also said learning from the best practices of other states and leveraging advanced technologies like artificial intelligence will make recruitment more transparent and corruption-free.
Karnataka Governor Thaawarchand Gehlot; Chairman of UPSC Preeti Sudan and Chairman of Karnataka Public Service Commission Shivashankarappa S Sahukar were among the dignitaries present on the occasion.
