Pramesh Jain

IMA Multi-Crore Fraud case :IMA Key Accused Mastermind, Mohammed Mansoor Khan arrested in Delhi Airport by ED,&SIT :

“In its first of its kind in the history of Bengaluru city police the SIT officers  has been successful in tracing and securing the key accused of biggest Multi-Crore Fraud case mastermind key accused,Mohammed Mansoor Khan  nabbed in one and half month in a joint operation by ED&SIT.”

The main accused in the Multi-Crore I Monetory Advisory scam Mansoor Khan was arrested in a joint operation led by the Enforcement Directorate (ED) and the Special Investigation Team formed by karnataka state government.Team led by DG&IGP of karnataka Neelamani N Raju,headed by DIG,DR.BR Ravikanthe Gowda under the supervision of DCP,Girish S,with the able guidance and directions by there senior officers has finally nabbed the mastermind kingpin Mansoor Khan after 45 days on Friday soon after he arrived in Delhi from the Dubai,UAE.
IMA founder Mansoor Khan, who is accused of perpetrating financial fraud worth crores,returned to India in the early hours of Friday.
Mohammed Mansoor Khan, the owner of IMA jewels, has been arrested in New Delhi and is being questioned by the Enforcement Directorate (ED), said a special investigation team (SIT) in Bengaluru which is probing the alleged ponzi scam.
Khan, who had fled to Dubai, flew back to India and was arrested on landing in Delhi, it said in a statement.
The SIT said that its sources in Dubai persuaded him to come back and submit himself before the law.
Accordingly he travelled from Dubai to New Delhi (Flight AI 916) and landed at 01550 hours IST.SIT officers are in Delhi to secure and arrest the accused,it said.
A lookout circular was issued against him by both SIT and ED and he would be handed over according to procedure, the SIT said.
The mastermind behind the Ponzi scam is being quizzed and grilled by ED officials in New Delhi and will later be sent to Bengaluru for a detailed probe by the SIT.
SIT Chief,DIG,Dr.BR Ravikanthe Gowda,chief of the Special Investigation team probing the matter, said,An SIT team under the supervision of DCP Girish S and his team of 11 members SIT officers with the reliable sources has located IMA founder-owner Mohammed Mansoor Khan in Dubai, through its sources,and persuaded him to come back to India and submit himself before law. Accordingly, he has travelled from Dubai to New Delhi.SIT officers are in Delhi to secure and arrest him.As Look Out Circular (LOC) was issued against him by both Special Investigation Team (SIT) and Enforcement Directorate (ED), he will be handed over according to the procedures and at present he is in Joint custody of Enforcement directorate and SIT and as on 19th as per the notice issued to former Minister Shivajinagar MLA R Roshan Baig to appear before us for questioning has appeared today before SIT and submitted relevant records for perusal and the SIT team will go through the records.If further questioning is required he will be called again said by SIT Chief,Dr.BR.Ravikanthe Gowda. 
More than one lakh people had invested in the IMA Jewels which started 17 companies.Khan invited people, mostly Muslims, to invest in five companies, said the SIT, adding that Rs 4,084 crore was invested in the company.He has to refund approximately Rs 1,400 crore to his investors, the SIT said.
Around one and half months ago, Khan had fled to Dubai leaving thousands of investors in lurch.
Khan had promised his investors that he would return to India and would refund their money.
Based on thousands of complaints, the SIT registered a case against him and others. It has so far arrested more than 22 people, including Mohammed Mansoor Khan,12 directors of the firm,accused has been identified as,Dada Peer, Nasir Hussain, Naveed Ahmed Nattamkar, Nizammudin Azeemuddin, Afshan Tabassum,Afsar Pasha and Arshad Khan,Auditor Iqbal khan,Mohammed Idris,Shabad Akbar Khan,Israr Ahmed Khan,Usman Arbaize,Fuzail Ahmed,with Nominated corporator,Syed Mujahid,BDA Executive Engineer,Kumar,Assistant Commissioner North,LC Nagaraj,Bengaluru urban,Deputy Commissioner,BM Vijayshankar,Village Accountant Manjunath,Moulvi,Haneef Afsar Azeez,Brigade Babu,Muneer alias Gun Muneer,another Moulvi identified as,Umar Sharieff,and the main accused fugitive,Mohammed Mansoor Khan also been arrested jointly by Enforcement Directorate and SIT.
Before fleeing he had accused Shivajinagar Congress MLA R Roshan Baig of taking Rs 400 crore and not returning it.Baig categorically refuted the charge, terming it false and frivolous. The MLA who had rebelled against the party was suspended for anti-party activities.Baig then joined the bandwagon of rebel MLAs who resigned.The SIT had served him a notice to depose before it on July 15, but he sought time till July 25th.The SIT then asked him to be present before it on July 19.The day Baig was supposed to appear before SIT, he planned to fly to Mumbai by a special chartered plane but the SIT detained him and quizzed him extensively.The SIT released Baig and asked him to appear on July 19 and asked him to appear before them.
Earlier, on Monday, in a video message, Mansoor Khan had said, “God willing, I will return to India in the next 24 hours, I have full faith in Indian judiciary. First of all, leaving India was a big mistake, but circumstances were such that I had to leave. I don’t even know where my family is.
While Bengaluru DC,Vijay Shankar got Rs 1.5 crore,Nagaraj received Rs 4 crore from Khan to cover up the case and issue favourable reports repeatedly for IMA Jewels, after the Reserve Bank of India expressed concern about the functioning of the firm.
Two Moulana as Moulvi arrested for provoking or propagating investors to invest in IMA :
Meanwhile as on July 11th based on credible inputs the SIT team has arrested a maulvi on charge of Propagating people to invest in the IMA ponzi scheme.The arrested, Haneef Afsar Azeezi who worked as a priest at Masjid-e-Beparian in Shivajinagar is alleged to have influenced several people by Propagating them to invest in IMA in the name of Halal.For this the absconded prime accused IMA founder Mohammed Mansoor Khan has gifted the Moulvi a three storied building in HRBR layout in the year 2017,worth of Rs.3 Crores has also been seized and the  moulvi who was arrested on thursday July 11th,for encouraging Muslims to invest in IMA, has also been remanded in judicial custody till July 25th and further investigation is on and as on July 18th Another Moulana a Moulvi identified as Umar Sharieff (42) year old,Running a School by name.“Al Basheer” near off Banneraghatta Road,Bangalore.who is also a social activist,Educationist.Propagating for IMA and Mansoor Khan for last 5 Yrs.He has taken gifts as Rs. 60 Lakh in cash,with a 15 Lakh Rs worth Ashok Leyland Van for propagating IMA from Mansoor Khan.the SIT has produced the accused before the court and he has been remanded to Police custody till 22.07.2019.
Others who have been arrested include a corporator, a Bangalore Development Authority officer and a village accountant.
The SIT had in the past raided many IMA showrooms and recovered cash, gold, silver, valuable gems and costly perfumes.
The ED which has registered a money laundering case in the scam in which thousands of depositors are said to have been duped, had attached assets worth Rs 209 crore,including 20 immovable properties and bank deposits, in connection with the case.
Over 40,000 complaints have been filed against the company, demanding that their money be returned.

Karnataka Crisis: Visuals showed the lawmakers having dinner and then settling down for the night in more casual clothes.

BJP legislators eating dinner at the opposition lounge of Vidhana Soudha.
BENGALURU: 

Karnataka BJP lawmakers had dinner in the assembly and slept on its green carpeted floor at the end of a dramatic day at the Vidhana Souda on Thursday. The BJP was protesting what it called the Congress-Janta Dal Secular coalition’s refusal to take a trust vote at the earliest. Despite the political stand-off, political Deputy Chief Minister G Parameshwara of the Congress arranged food for his BJP colleagues.

“It is our duty to arrange food and other things for them. Some of them have diabetes and blood pressure conditions. So, we have arranged everything for them here. Beyond politics we’re friends, it is the beauty of democracy,” Mr Parameshwara was quoted as telling news agency ANI.

Visuals showed the lawmakers having dinner and then settling down for the night in more casual clothes. Some were seen with bed clothes and pillows delivered from their homes.

Photos showed Karnataka BJP leader BS Yeddyurappa sleeping in what appeared to be the centre of the house.

BJP chief BS Yeddyurappa sleeping on the floor of the Karnataka assembly.

“This government has lost the majority. They tried to drag on the issue and tried to provoke us but we acted with patience. We will continue to press for a trust vote on the motion. We will stage night-long dharna in the House,” Mr Yeddyurappa had earlier told NDTV.

Many lawmakers slept in the Well of the House and on the passage leading to the centre.

This morning, some of the BJP legislators were seen taking a morning walk in the assembly premises.

On the BJP’s complaint, Governor Vajubhai Vala yesterday wrote to Chief Minister HD Kumaraswamy and asked him to prove his majority by 1.30 pm on Friday.

As many as 16 MLAs — 13 from Congress and three from JDS — had resigned, while independent MLAs R Shankar and H Nagesh have withdrawn their support to the government, putting it on the edge.

BENGALURU: 

With the Karnataka Governor asking Chief Minister H D Kumaraswamy to prove majority in the Assembly by Friday afternoon, state BJP chief B S Yeddyurappa predicted the end of the coalition government and said his party will decide on the future course of action after consulting the national leadership.

Governor Vajubhai Vala had asked the Chief Minister to prove his majority in the Assembly before 1.30 pm on Friday. “Mostly today will be the end of Congress-JDS government”s misrule… the Chief Minister will make his farewell speech today, we will patiently hear it,” Yeddyurappa told reporters here.

“Depending on the outcome of the proceedings in the House today, we will discuss with our national president Amit Shah and decide on the future course of action,” he added.

This Friday will mark a good day for the BJP in Karnataka, Yeddyurappa said adding “I”m confident that with God’s grace, everything will be good.”

Mr Yeddyurappa, who is Leader of the Opposition, along with the party MLAs stay put in the Assembly last night, protesting the delay in the trust vote.

Accusing the ruling coalition and the Assembly Speaker of trying to delay the trust vote despite fixing a time, the BJP leader said “they tried to instigate us on Thursday but we remained silent, we will continue to do the same thing on Friday also.”

A new political showdown loomed in Karnataka as the governor Thursday night set a timeline and asked Chief Minister HD Kumaraswamy to prove his majority before 1.30 pm Friday, hours after a trust vote could not take place with the Speaker adjourning the day”s proceedings in the assembly.

Shortly after the Assembly rocked by bedlam was adjourned on Thursday, Vala had shot off a letter to Kumaraswamy, saying resignation of 15 ruling combine MLAs and withdrawal of support by two independents “prima facie” indicated he has lost the confidence of the House.

The trial of strength is taking place after the Supreme Court on Wednesday ruled that the 15 rebel Congress-JDS MLAs “ought not” to be compelled to participate in the proceedings of the ongoing session of the state Assembly.

As many as 16 MLAs — 13 from Congress and three from JDS — had resigned, while independent MLAs R Shankar and H Nagesh have withdrawn their support to the government, putting it on the edge.

Congress member Ramalinga Reddy retracted, saying he would support the government.

The ruling combine”s strength is 117– Congress 78, JD(S) 37, BSP 1, and nominated 1, besides the Speaker.

With the support of the two independents, the opposition BJP has 107 MLAs in the 225-member House, including the nominated MLA and Speaker.

If the resignations of 15 MLAs (12 from Congress, 3 from JDS) are accepted, the ruling coalition”s tally will plummet to 101, (excluding the Speaker) reducing the government to a minority.

This is the third motion on trust vote after the 2018 assembly polls yielded a fractured mandate with the BJP emerging as the single largest party with 104 seats but failing to mobilise numbers.

Mr Yeddyurappa had resigned as CM after being in office for three days before facing the trust vote in May last year. HD Kumaraswamy who succeeded him had won the trust vote after forming the coalition government.

Adding to the worries of the ruling coalition, another Congress MLA Shreemant Patil was not seen in the House on Thursday, in the midst of reports he has been admitted in a Mumbai hospital.COMMENT

BSP MLA Mahesh, on whose support the coalition was counting, also did not show up, amid reports he was keeping away as he has not received any directions from the party leader Mayawati on the stand to be taken on the trust vote.

Mansoor Khan, who ran I Monetary Advisory (IMA), which provided investment options keeping with Islamic laws, fled India in June.

NEW DELHI: 

Mohammed Mansoor Khan, the main accused in the multi-crore IMA Ponzi scam, was arrested by the Enforcement Directorate after he landed in New Delhi from Dubai at about 1:50 am today. Central agencies had issued a lookout notice against Mr Khan and “persuaded” him to return to India and join the investigation, sources said.

Mansoor Khan had released a video message on Monday, saying he would return to India within 24 hours. Calling his decision to leave the country “a big mistake”, he sought protection of the police.

“I have full faith in Indian judiciary. First of all, leaving India was a big mistake, but circumstances were such that I had to leave. I don’t even know where my family is,” he had said.

Mansoor Khan, the owner of I Monetary Advisory (IMA), is accused of cheating thousands of investors who were offered investment options in keeping with Islamic laws and promised big returns. He fled India in June leaving investors in panic. All he left behind was an audio clip threatening to commit suicide. In the audio clip, he also talked about officials accepting bribes worth Rs. 400 crore and the involvement of Karnataka Congress legislator Roshan Baig, who has since been questioned by investigators.

On June 23, Mansoor Khan had released a video telling the Bengaluru police commissioner that he wished to return to India and expose all those involved in the downfall of his business. In the video, which surfaced two weeks after the IMA scam broke, he also claimed that “the real culprits” behind the swindle included “big names at the state and central levels”. In response, the Bengaluru police said they would guarantee his safety if he returned to the city.

The Enforcement Directorate, which is currently questioning Mansoor Khan, had filed a case of money laundering against IMA and had summoned the businessman on June 24. It had also requested the Interpol to issue a Blue Corner Notice, used to locate suspects.

More than 30,000 complaints were filed against the firm and many held protests at the Bengaluru Freedom Park. Mansoor Khan has maintained that his financial venture was no Ponzi scheme, and that he would do everything in his power to ensure that the investors are compensated. A Bengaluru corporator and a prominent Muslim cleric Maulana Haneef are among people who have been arrested in this case so far.

Pramesh Jain

Karnataka Political crisis :Can Kumaraswamy government survive? After Supreme Verdict,Can’t compel 15 rebels to attend Karnataka House: SC:
“Wind in BJP sails”

Highlights :
* Hailing the Supreme Court direction on Karnataka political crisis, rebel Congress-JDS MLAs camping in Mumbai on Wednesday said there was no question of going back on their resignations from the Assembly or attending the session
* The Supreme Court directed on Wednesday that the 15 rebel Congress and JD(S) MLAs ‘ought not’ to be compelled to take part in the proceedings of the Assembly
* A bench headed by Chief Justice Ranjan Gogoi also said the Speaker was free to decide on the resignations of the rebel MLAs within the time-frame decided by him.

With the Supreme Court on Wednesday ruling that the 15 rebel Members of Legislative Assembly (MLA) of the Congress-Janta Dal (Secular) government cannot be forced to take part in Assembly proceedings, the state government led by Chief Minister H D Kumaraswamy looked all set to fall.
In its interim order on Wednesday, though the three-judge bench led by Chief Justice Ranjan Gogoi said that legislative assembly Speaker KR Ramesh Kumar was free to decide on the resignation of the 15 MLAs within a time-frame he considered appropriate,the rider that these MLAs should not be forced to take part in the proceedings of the house sounded the death knell for the Kumaraswamy government.
We also make it clear that until further orders,the 15 members of the Assembly ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the proceedings or opt to remain out of the same.We order accordingly, the three judge bench said.
The Congress-JD (S) government had a total of 117 MLAs in its fold, before 16 of these elected representatives–13 from the Congress, three from JD(S)–resigned about 10 days ago.Two other independent MLAs, S Shankar and H Nagesh have also since withdrawn their support to the coalition government. With 99 MLAs by his side, it will take a mammoth effort on the part of Kumaraswamy to save the coalition from falling when he takes the trust vote on July 18 to save his 14-month-old government. The opposition Bharatiya Janata Party has 107 MLAs in the 225-member House, which includes the nominated MLA and the Speaker.
The Supreme Court’s interim order came on a plea moved by nearly 10 rebel MLAs who had been staying at a hotel in Mumbai since they had resigned from the government. In their plea before the top court, the MLAs had alleged that the Speaker of the assembly was not doing his constitutional duty by refusing to accept their resignation from the government. The Speaker of the legislative assembly, had, however, refuted the allegations and said that he would have to verify that the resignations were genuine before accepting them.
While the top court’s order was welcomed by the rebel MLAs, who said that there was no question of their going back on the resignations at any cost.
Hailing the Supreme Court direction on Karnataka political crisis, rebel Congress-JDS MLAs camping in Mumbai on Wednesday said there was no question of going back on their resignations from the Assembly or attending the session.We are happy with the decision of the Honourable Supreme Court,we honour it,rebel Congress MLA,BC Patil said in a video released to the media, a day ahead of the trial of strength in the Karnataka assembly.
AH Vishwanath Rebel MLA said,We are not going to Bengaluru to attend the Assembly on Thursday.We thank the Supreme Court for allowing us to abstain from the session as we have already resigned and urged the Speaker to accept them forthwith,” JD(S) rebel lawmaker AH Vishwanath told media persons.We will return to Bengaluru after the present government collapses.We are united in our common cause and remain together till we achieve our goal,said Vishwanath,who was the state president of the JD(S) till last month.Accusing the leaders of the coalition allies for the current political crisis,Vishwanath said they (rebels) were only attempted to put an end to the anarchy prevailing in the state due to poor governance and maladministration he added.
Of the 14 rebels staying put in Mumbai, 11 belong to the Congress and 3 to JD-S.Two more Congress rebels,R.Ramalinga Reddy and R.Roshan Baig are in Bengaluru.We also make it clear that until further orders the 15 Members of the Assembly, ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the said proceedings or to opt to remain out of the same,” part of the order read.
The plea was filed by Pratap Gouda Patil, Ramesh Jarkhiholi, Byrati Basavaraj, BC Patil, ST Somashekar, Arbail Sivaram Hebbar and Mahesh Kumathalli from the Congress and K Gopalaiah, H D Vishwanath and Narayan Gowda from the JDS.Five other rebel MLAs are,K Sudhakar, Roshan Baig, MTB Nagaraj, Muniratna and Anand Singh – had approached the court on July 13 contending they had resigned “voluntarily” and that their resignation must be accepted by the Speaker.
Full discussion on matter to be held in court later: Mukul Rohatgi:
Mukul Rohatgi, senior counsel representing Karnataka rebel lawmakers in Supreme Court, says,In view of the trust vote on Thursday, the SC has said two important things – 15 MLAs will not be compelled to attend the House tomorrow. All 15 MLAs are given the liberty that may or may not go to the House tomorrow.The Court has said that the matter will be fully thrashed out at a later date he added. 
Congress Leader Abhishek Manu Singhvi On Top Court Verdict On Karnataka Lawmakers:
I wonder what victory BS Yeddyurappa is celebrating.The Supreme Court  has not given any date or deadline to the Karnataka Speaker.No whip has been issued.No date has been fixed for voting.The discussion is starting on Thursday.It will be a long debate in the assembly he said.
Karnataka Speaker Welcomes Decision:
Karnataka Speaker KR Ramesh Kumar says he welcomes this decision.I will try to live up to the confidence of the Supreme Court put in me.I hold the judiciary in high esteem. The court has increased my responsibilities. Kumar says.I will take a decision that in no way will go contrary to the Constitution,the Court and the Lokpal he even said that he would conduct himself responsibly in accordance with constitutional principle as I have got additional responsibility I welcome the Supreme Court verdict addressing media persons he said.
Kumaraswamy must resign: BS Yeddyurappa:
BJP President,BS Yeddyurappa says Karnataka chief minister HD Kumaraswamy must resign tomorrow.He has lost his mandate.Certainly, the government will not last because they do not have the numbers.I welcome the Supreme Court’s decision, it is a victory of the Constitution and democracy.It is a moral victory for the rebel lawmakers.It was only an interim order.In the future,the court will decide the power of the Speaker which will set a new trend in the parliamentary democracy.I have respect for the Speaker.According to Supreme Court’s direction, he will act. Let us wait and see he said.
BJP leader Jagadish Shettar says,There is anarchy in the state because of HD Kumaraswamy,he should resign immediately after this verdict and not wait for the trust vote he said.
Top Court should create timeline for Speakers in future: GVL Narasimha Rao
BJP leader,GVL Narasimha Rao says the Supreme Court in its final judgement will have to create timelines for Speakers to decide a matter be it Assembly or Parliament.If required we’ll look at need for amending the act so that Speakers can’t go by their own whims and fancies he said.
HD Kumaraswamy declines to comment:
Karnataka chief minister HD Kumaraswamy declines to comment,when asked about Supreme Court’s verdict on Karnataka rebel lawmakers.After the Supreme Court verdict the Chief Minister who was performing Puja in Shankarmutta temple with his family members after finishing the Puja reporters asked his reaction he refused to comment and went directly to meet his father and after discussing with his father who is JD(S),Supremo HD Devegowda he even met KSRTC employees and addressed their grievances he then made all sudden movements and moved towards HAL Old Airport Road everyone were confused whether CM HD Kumaraswamy is going to Mumbai to pacify Rebel MLAs or he is going to Delhi to meet Sonia Gandhi but later it was found the CM went to embassy golf links to meet Minister KJ George and discuss about the developments what to be done next from there he came to Vidhana Soudha,to sign the transfer orders of 146 Civil Police Inspectors and 30 DYSPs after finishing his works he then moved towards KPCL office as Shakti Bhawan and their he met all the senior congress leaders and discussed what need to be done next to save the government.
Meanwhile sources said that the congress leaders has been successful in pacifying two Rebel MLAs and took them in confidence it is said that Ramalinga Reddy MLA of BTM layout has decided to take back his resignation and support coalition government and reliable sources says Chikkabalapur Rebel MLA Dr.Sudhakar who is a close aide of Siddaramaiah has also been taken into confidence by its leader he will also attend assembly session and support congress he will come tomorrow and take back his resignation sources said. 
If the karnataka state coalition government falls tomorrow then there will be Governor or President rule in the Karnataka.
There will be heightened and elaborate security arrangements has been done by Commissioner of Police Alok Kumar who inspected the vidhana soudha and surrounding places as tomorrow it is a crucial day for the coalition government so precautionary measures has been taken up by the police.
Judgement gave strength to democratic process: Congress leaders :
Congress leader DK Shivakumar says,This landmark judgement has given strength to democratic process.Some BJP friends are trying to misguide that whip is not valid but the party can issue a whip and take necessary action as per anti-defection law he added.Congress’ chief troubleshooter in Karnataka,He even warned the Congress-JD(S) lawmakers of disqualification proceedings against them under the anti-defection law if they did not obey the whip and participate in the proceedings during the trust vote in the Assembly on Thursday.Some BJP friends are trying to say that whip is not valid. But the party can issue a whip and take the necessary action as per anti-defection law,” he said responding to the Supreme Court verdict that rebel lawmakers cannot be forced to attend tomorrow’s Assembly session he added.
Randeep Singh Surjewala Supreme Court’s order sets terrible judicial precedent:
Congress spokesperson Randeep Singh Surjewala, in a series of tweets, says Supreme Court’s order nullifying the whip sets a terrible judicial precedent.Does this mean court can interfere with the working of the State Legislature by deciding when a Whip will be enforced? he questions?.He says it is tragic that the court did not appreciate the context and designed history of defections to subvert democratic mandates by PM Modi government over the last 5 years he added.
Karnataka Public Works Minister and HD Revanna,brother of Chief Minister HD Kumaraswamy,on Wednesday rejected allegations by some of the rebel Congress MLAs that he functioned as a Super CM and interfered in other departments.Revanna,son of the former prime minister and JDS supremo HD Deve Gowda,said he would comment on the allegations, including that his style of functioning was responsible for the resignation of MLAs,once the present crisis facing the Congress-JDS coalition government was over.A total of 16 MLAs of Congress and JDS have resigned from the assembly while two independent legislators withdrew their support to the 14-month old ministry, plunging it into a crisis with Kumaraswamy to seek a trust vote Thursday.Of the many reasons cited by them, the rebel MLAs have alleged that Revanna was interfering in other departments (headed by Congress representatives).You people started calling me as super CM.After listening to it I said let it be so,he told reporters here.He further said,I never interfered in any government department.I will not react to the charges that Revanna is responsible for them to quit.I only say that I never laid hands on the transfers in departments other than mine (PWD).Rejecting charges that he sought contracts from the city corporation, Revanna said I will retire from politics if the BBMP (civic body) commissioner or an engineer says he added.
Whip relief enough for rebel MLAs?
The rebel MLAs who moved the Supreme Court against Speaker saying that their resignations should be accepted from the moment they submitted the same to the office of Speaker Ramesh Kumar.The Speaker has not decided on the resignations by rebel MLAs saying that he is not convinced that it was done voluntarily by the dissident legislators. Speaker Ramesh Kumar has cited his powers enshrined in the Tenth Schedule to defend the delay in decision on resignations of the MLAs.This led to the possibility of disqualification of the rebel MLAs should the Speaker reject their resignations and their respective parties issue whips asking them to attend Karnataka assembly session during the trust vote.The Supreme Court, in its ruling, said the rebel MLAs cannot be “compelled” to attend the trust vote slated for Thursday. This translates into a shield for the rebel MLAs protecting them from the party whips.This protection is politically significant as disqualification would make them ineligible for appointment as ministers if the BJP stakes claim to power after the Kumaraswamy government falls, if at all. They would be required to get re-elected for becoming ministers in the government.But if their resignations are accepted, the rebel MLAs would still be eligible for a ministerial berth.They would only need to get elected within six months of being appointed as ministers in the new government.In these circumstances, the competing claims have to be balanced by an appropriate interim order, which according to us, should be to permit the Hon’ble Speaker of the House to decide on the request for resignations by the 15 Members of the House within such time frame as the Hon’ble Speaker may consider appropriate.We also take the view that in the present case the discretion of the Hon’ble Speaker while deciding the above issue should not be fettered by any direction or observation of this Court and the Hon’ble Speaker should be left free to decide the issue in accordance with Article 190 read with Rule 202 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly framed in exercise of the powers under Article 208 of the Constitution.However, in an attempt to balance the rights of the competing parties ahead of Thursday’s trust vote, in this case the speaker, the chief minister and the rebel MLAs, the Supreme Court said that they should not be compelled to attend Assembly proceedings; it should left to them to decide.
Meanwhile CM Kumaraswamy issues Whip to its 37 MLAs:
Karnataka Chief Minister HD Kumaraswamy on Wednesday issued whip to all 37 MLAs of JD(S), including three rebel legislators Narayana Gowda, Gopalaiah and H Vishwanath, asking them to be present in the Vidhana Soudha (State Assembly) during the trust vote on Thursday.Kumaraswamy warned that if MLAs do not attend the House and vote against the party whip even after attending the session on the day of the trust vote, strict action will be initiated under the rule of Anti-Defection Law and that MLA will be disqualified from his post.
Supreme Court verdict on Karnataka Crisis:
The Supreme Court says that the discretion of Karnataka Assembly Speaker in deciding resignation should not be fettered by direction or observations of court.A bench headed by Chief Justice Ranjan Gogoi has directed that the Speaker’s decision on resignation of rebel lawmakers be placed before it.The Speaker should be allowed to pass appropriate orders within parameters of Article 190 of the Constitution and relevant the Rules, the top court says.The Three Bench headed by CJI Ranjan Gogoi,even said the Karnataka Speaker cannot be forced to take a decision within a time frame, the top court says.It says the rebel lawmakers should decide whether to attend the Assembly or not.They ought not to be compelled to participate in the Trust motion on July 18.We have to maintain constitutional balance, the court says.
If the resignations are accepted, the coalition’s 118 members will come down to 100 and the majority mark will drop from 113 to 105. The BJP has 105 members and the support of the two Independents, which would take its tally to 107.
Sixteen legislators of the JDS-Congress coalition and two independent lawmakers have resigned over the past two weeks.
The 13-month-old Congress-JDS government had slumped into crisis after these MLAs resigned from the membership of the Assembly earlier this month.