Bengaluru: Taking serious exception to the order of the issuing Non-bailable Warrant for the arrest of Shivamurthy Sharana, the pontiff of the Murugha Mutt, contrary to its orders, the High Court of Karnataka on Tuesday stayed all the proceedings against him pending before the II Additional District Judge, Chitradurga.
Justice M Nagaprasanna also directed an inquiry against the Special Public Prosecutor who is handling the State's case in the lower court.
On Monday, the trial court in the district headquarters town of Chitradurga had issued the NBW, following which the seer was arrested hours later and sent to 14 days' judicial custody.
The same evening, the HC stayed the NBW and ordered the Seer's release, after his counsel moved it, pointing out that the NBW was issued in the second Protection of Children from Sexual Offences (POCSO) Act case, while the HC had released him on bail in the first POCSO case. And, while granting bail in the first POCSO case he was ordered to attend any trial through video conferencing, and not to enter the district of Chitradurga.
The NBW was issued after the Special Public Prosecutor in the case filed a memo before the trial court stating that there was no permission for the seer to attend the court in the second POCSO case through video conferencing.
At the same time, the petition challenging the second POCSO case was also before the High Court bench of Justice M Nagaprasanna which had reserved its judgement on the petition. While reserving the judgement, the bench had also directed the Trial Court to defer the hearing of the case till it pronounced its judgement. Despite this direction, the trial court had heard the case and issued the NBW paving way for the seer's arrest.
On Tuesday, the counsel for the seer submitted before the bench of Justice M Nagaprasanna that the trial court had behaved in a prejudiced manner and therefore the trial should be moved to another court. The counsel submitted that even after the HC granted bail to the seer, the trial court did not order for his immediate release and he was made to spend three more days in custody due to the delay.
The HC said that the trial court had committed errors and it does not matter who the accused is but not adhering to the HC’s directions cannot be accepted. The court said that the District Judge had shown ignorance regarding the orders of the HC.
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Mumbai, Nov 25: Shiv Sena (UBT) MP Sanjay Raut on Monday demanded a re-election in Maharashtra using ballot papers, claiming there were irregularities with the electronic voting machines (EVMs).
Talking to reporters, Raut alleged several complaints about EVMs malfunctioning and questioned the integrity of the recently held elections.
The BJP-led Mahayuti won 230 out of 288 seats in the assembly elections, while the opposition Maha Vikas Aghadi managed 46 seats, with Shiv Sena (UBT) winning just 20 out of 95 seats it contested.
"We have received nearly 450 complaints regarding EVMs. Despite raising objections repeatedly, no action has been taken on these issues. How can we say these elections were conducted fairly? Hence, I demand that the results be set aside and elections be held again using ballot papers," Raut said.
Citing some instances, he said a candidate in Nashik reportedly received only four votes despite having 65 votes from his family, while in Dombivli, discrepancies were found in EVM tallies, and election officials refused to acknowledge the objections.
The Sena (UBT) leader also questioned the credibility of the landslide victories of some candidates, saying, "What revolutionary work have they done to receive more than 1.5 lakh votes? Even leaders who recently switched parties have become MLAs. This raises suspicions. For the first time, a senior leader like Sharad Pawar has expressed doubts about EVMs, which cannot be ignored."
Asked about the MVA's poor performance in the elections, Raut rejected the idea of blaming a single individual.
"We fought as a united MVA. Even a leader like Sharad Pawar, who commands immense respect in Maharashtra, faced defeat. This shows that we need to analyse the reasons behind the failure. One of the reasons is EVM irregularities and the misuse of the system, unconstitutional practices, and even judicial decisions left unresolved by Justice Chandrachud," he said.
Raut stressed that though internal differences might have existed within the MVA, the failure was collective.
He also accused the Mahayuti of conducting the elections in an unfair manner.
"I cannot call the elections fair given the numerous reports of discrepancies in EVMs, mismatched numbers, and vote irregularities across the state," Raut said.