SC refuses to pass order on Karnataka Congress request about CM Yediyurappa's audio clip
New Delhi, Nov 5: The Supreme Court Tuesday refused to pass order on the request of Karnataka Congress regarding fresh audio clip in which state Chief Minister B S Yediyurappa is purportedly referring to the 17 rebel Cong-JD(S) MLAs who were disqualified as Assembly members.
A 3-judge bench headed by Justice N V Ramana said that since it has already reserved its verdict on a batch of petitions, filed by the MLAs challenging the decision of the then Assembly speaker K R Ramesh Kumar to disqualify them, no further order was required to be passed at present.
"As judgment in these matters has already been reserved on October 25, 2019, no further orders are required at present," said the bench, also comprising justices Sanjiv Khanna and Krishna Murari.
The apex court said the issue raised regarding hospitality provided to the rebel MLAs in Mumbai, allegedly by the BJP, was already brought before it during the hearing on the pleas filed by these disqualified lawmakers.
A purported audio clip of Yediyurappa, expressing anguish against his party leaders at a recent party meeting in Hubballi over their opposition to giving tickets to the disqualified Congress-JD(S) MLAs for the December 5 Assembly by-polls in 15 constituencies, had surfaced last Friday.
In the audio, he is purportedly saying that the MLAs, who were later disqualified, were kept in Mumbai during the final days of the coalition government under BJP national President Amit Shah's watch.
By-polls to 15 out of 17 seats represented by disqualified MLAs will be held on December 5.
Senior advocate Kapil Sibal, appearing for Karnataka Congress, told the bench that in the audio clip, Yediyurappa has said during the core committee meeting of the BJP that the whole thing was "engineered" by BJP national president, who is also the union Home Minister.
He said since the top court has reserved its verdict on the batch of petitions filed by disqualified MLAs, they want to place the audio clip on record.
"You have extensively covered everything in the arguments," the bench told Sibal.
Sibal, however, told the bench that audio clip has come into light after arguments were over in the apex court.
"Order of the speaker has to be tested. If you want to place additional evidence on record then we will have to issue notice," the bench said, adding, "You have brought it to our notice, we will consider it. Allow us to deliver the judgement".
The Karnataka Congress has requested the top court to take on record the audio clip in which Yediyurappa is purportedly hitting out at his party leaders for not recognising the "sacrifice" of the disqualified Congress-JD(S) MLAs, because of whom the BJP could come to power in the state.
The speaker had disqualified 17 lawmakers as MLAs, ruling that they cease to be MLAs with immediate effect till the expiry of the 15th Karnataka Assembly (in 2023).
The top court had on October 25 reserved verdict on the batch of petitions challenging the disqualification of the 17 Karnataka MLAs before the trust vote moved by the previous H D Kumaraswamy government.
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Police acted proactively in arrest of rape accused 'godman' Kharat: Fadnavis
Mumbai (PTI): Maharashtra Chief Minister Devendra Fadnavis on Monday said the police acted proactively in arresting self-styled godman Ashok Kharat, accused of raping a woman in Nashik.
Several women were initially reluctant to come forward and lodge complaints, but were provided complete protection by the authorities, Fadnavis informed the state assembly.
More victims are expected to come forward as confidence in the investigation grows, he said.
Kharat, who claimed to be a retired Merchant Navy officer and was known as "captain", was arrested on March 18 for rape and other offences on the complaint of a 35-year-old woman. She alleged Kharat raped her several times over a period of three years.
"The police trapped and proactively arrested Kharat. It is a very serious matter. He misused his so-called powers and misbehaved with women. Preparations to arrest him had been underway for some time," CM Fadnavis said.
Around March 10, a complaint registered in another district was used by the police to initiate action against Kharat. A look-out circular had already been issued to prevent him from fleeing the country, Fadnavis informed the assembly.
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The chief minister said he would make a detailed statement on the case in the House on Tuesday and asserted that no one would be spared.
Earlier, Leader of Opposition Vijay Wadettiwar termed the case a blot on Maharashtra and alleged that women were exploited by Kharat and other such people. He demanded the immediate removal of all those allegedly involved, including ministers and senior officials.
Opposition Shiv Sena (UBT) leader Bhaskar Jadhav claimed the case involved some ministers as well as senior IAS and IPS officers, and said the House had the right to discuss the matter. He alleged that the government had previously attempted to suppress a similar case in Nashik without conducting a proper probe.
Jadhav criticised the ruling dispensation, saying those in power invoked the name of Maratha warrior king Chhatrapati Shivaji Maharaj but failed to follow his principles.
Several political leaders had visited Kharat over the years, allegedly for seeking spiritual advice.
The government has constituted a Special Investigation Team (SIT) to probe the case.
The woman in her complaint to Nashik police alleged that Kharat called her to his office in 2022 on the pretext of performing rituals to avert danger to her husband, administered a sedative-laced drink and raped her. She alleged repeated sexual assault over a period of three years.
The police have seized CCTV DVRs from Kharat's Mirgaon farmhouse, Tikde Colony bungalow and Canada Corner office as part of the probe into the case.
Kharat is named in several cases filed at Vavi, Shirdi and Sarkarwada police stations for alleged extortion, blackmail, rape and black magic practices, officials earlier said.
Investigators were reaching out to potential victims and more cases were expected to be registered against Kharat, they added.
