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Tipu Jayanti: HC sends back case against MP, MLA to magistrate court  

Justice John Michael Cunha passed the order, while allowing the petition filed by social activist A Alam Pasha questioning the order passed by the magistrate court.  

Published: 23rd February 2021 04:03 AM  |   Last Updated: 23rd February 2021 04:03 AM   |  A+A-

Tipu_Sultan

A painting of Tipu Sultan used for representational purpose only.

By Express News Service

BENGALURU: The Karnataka High Court remitted a case to the magistrate court to consider afresh, against two BJP leaders — MP Anant Kumar Hegde and MLA CT Ravi — over their alleged provocative remarks amounting to irresponsible imputations, intended to create enmity between two religions and disturbing communal harmony, over Tipu Jayanti celebrations. Justice John Michael Cunha passed the order, while allowing the petition filed by social activist A Alam Pasha questioning the order passed by the magistrate court.  

Justice Cunha observed that there are no allegations attracting the offences under the Prevention of Corruption Act in this case, and therefore, the question of obtaining sanction at the stage of referring complaint for investigation under Section 156(3) of CrPC does not arise. The judge also noted that it is clear that the need to obtain sanction from the competent government would arise only after completion of investigation and not at the pre-cognisance stage, while quashing the order passed by the magistrate on November 4, 2017.

“As the magistrate has failed to apply his mind to the facts of the case and has passed the order by misconstruing the scope of Section 196(1) and (1-A) of the Code, the matter is remitted to the jurisdictional magistrate court to consider complaint afresh in accordance with law”, the judge noted.  Pasha had filed the complaint before a magistrate court in the city, seeking directions to a probe by Indiranagar Police Station, on objectionable statement allegedly made by Hegde and Ravi on boycotting Tipu Jayanti, under Section 156(3) of the CrPC.

Steps taken by govt on caste-based bodies subject to court’s order   
The Karnataka High Court on Monday said that all steps to be further taken by the state government on six caste- and community-based corporations, boards and authorities will be subject to the order of the court.  A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum passed the order after hearing a PIL against formation of such bodies.  The six bodies are Karnataka Maratha Development Authority, Karnataka Aryavysya Community Development Corporation, Karnataka Vishwakarma Communities Development Corporation Limited, Karnataka State Christian Development Board, Karnataka Brahmin Development Board and Karnataka Kadugolla Development Authority. 
 



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