Karnataka HC grants parole to convict in church blast case
Bengaluru (PTI): A convict serving life imprisonment in the church blast case has been granted parole by the High Court of Karnataka for two weeks.
The detenue, Mohammed Akhil, is one of the convicts in the July 2000 church blast case in Bengaluru. Twenty four accused belonging to the Deendar Anjuman sect were found guilty of the blasts that were triggered in Karnataka, Andhra Pradesh and Goa. Akhil was one of the 13 handed a life sentence.
Mubeen Unnissa Begum, wife of Akhil, had filed the petition, which was heard by Justice M Nagaprasanna.
"The convict, as of today, has undergone 23 years of imprisonment without remission and has not been granted parole throughout 23 years. The wife of the convict is now before this court seeking enlargement of her husband on parole on the score that she is suffering from ailments and, therefore, pleads that the presence of her husband is very much required in the family as other family members are also aged and suffering from ailments," the court noted in its recent judgement.
The counsel for the petitioner argued that in July 2023 another convict in the case was granted parole by a co-ordinate bench because the convict's mother was suffering from ailments.
The co-ordinate bench had based its judgement on a 1974 case where it was held that "the court should treat the like-cases alike and if relief is granted to a litigant it needs to be extended to similarly circumstanced litigants as well, there being no derogatory circumstances."
The high court therefore allowed Akhil to be released on parole for two weeks between December 7 and evening of December 20, 2023.
It also directed the Chief Superintendent of Central Prison and the Director General of Police, Prisons and Correctional Services, to "stipulate strict conditions as are usually stipulated, to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole."
Mubeen Unnissa Begum had sought 90 days parole for her husband. The court said the wife of the petitioner can seek extension of the parole "which shall be considered looking at the conduct of the husband of the petitioner - the convict while he is out on parole."
Akhil was convicted for offences under Sections 120B, 121, 121A, 124A, 153A, 426, 437 of the Indian Penal Code for sedition and Sections 3 and 5 of the Explosives Substances Act and Rule 5 and 9B of the Explosive Rules.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Speaker Khader dismisses BJP's charges of 'delay' in swearing-in of Jeevaraj as MLA
Bengaluru (PTI): Karnataka Assembly Speaker U T Khader on Wednesday rejected opposition BJP's allegations of delaying the swearing-in of D N Jeevaraj as MLA, asserting that the process was being handled strictly in accordance with constitutional provisions and rules.
BJP candidate Jeevaraj, who had lost the 2023 Sringeri Assembly election to Congress leader T D Raje Gowda, was declared elected late Sunday night after reverification and recounting of postal ballots in compliance with a High Court order.
The recount reduced 255 votes from Gowda's tally, overturning his earlier victory margin of 201 votes and reversing the result.
The recount followed an election petition filed by Jeevaraj.
Addressing reporters, Khader maintained that there was no delay in administering the oath to Jeevaraj, who was declared elected from the Sringeri Assembly constituency after a High Court-ordered recount of postal ballots.
“Where have we delayed? The application was submitted at 11 am. If an application is given in the morning and by evening someone says it’s delayed — how is that a delay?” he said, dismissing the allegations.
The Speaker said the matter involved 'technical issues' that required examination before fixing a date for oath-taking.
“When such a matter comes, we also need to examine it and take a decision as per rules. If an application is given in the morning, at least 24 hours must be given,” he said.
Khader stressed that his role was bound by the Constitution and not influenced by political considerations.
“When an elected MLA asks for time, we must give it under the Constitution and law. Can we refuse? No, we have to give it,” he said, rejecting suggestions that he was acting under party pressure.
He also underlined the need for trust in democratic institutions amid the controversy.
“A democracy and parliamentary system must function on trust. Without that, how can democracy be strengthened? Trust is essential,” he said, cautioning against creating suspicion around constitutional positions.
On claims that the delay was linked to the ongoing political and legal dispute over the recount, Khader said the issue did not fall within his purview.
“My responsibility is to act as per the Constitution and rules. I will ensure that whatever is due to them is done as soon as possible,” the Speaker explained.
He said he had already communicated his position when contacted and would formally inform the concerned parties. “There is no delay, nor any intention to delay. I will discharge my duties as per the Constitution,” he said.
Khader also pointed to possible legal complications in hastily administering the oath.
“If I give the oath to one person and tomorrow the court declares someone else the winner, what happens then? Will it automatically cancel? Will confusion arise?” he asked, indicating the need for due diligence.
On concerns that Jeevaraj had lost over two years of tenure, the Speaker said representation was linked to that constituency rather than an individual.
“Whoever becomes the MLA represents the constituency. Benefits are not given to an individual,” he said, adding that issues of alleged irregularities should be examined by the Election Commission.
The remarks come after the Leader of Opposition BJP in the Karnataka Assembly, R Ashoka on Wednesday accused the Speaker of 'deliberately' delaying the oath and approached Governor Thaawarchand Gehlot seeking intervention, even suggesting that the Governor administer the oath if required.
Chief Minister Siddaramaiah termed the process 'Vote Dacoity' by Jeevaraj and said an FIR has been registered against the newly elected Sringeri MLA.
Defending the recount process, Jeevaraj denied allegations of tampering, while the High Court has stayed an FIR filed against him in connection with the postal ballot issue.
