Karnataka HC questions police action in bringing Hindu outfit leader from Udupi
The Karnataka High Court on Saturday, August 29, strongly questioned the Whitefield police over bringing Hindu Janajagruthi Samithi convenor Mohan Gowda from Udupi to Bengaluru for questioning despite serving him a notice directing him to appear before the police after three days.
Justice M Nagaprasanna also questioned the police over the absence of CCTV footage from the police station, sarcastically suggesting that the Whitefield Police Station be renamed "Darkfield Police Station" after being told that power fluctuations had affected its CCTV system.
The court was hearing a suo motu case registered following Gowda's alleged remarks describing the cancellation of comedian Kunal Kamra's proposed Bengaluru show as a "victory" for Hindu unity. Police had alleged that his social media post caused social disharmony.
Questioning the police action, Justice Nagaprasanna asked why officers travelled to Udupi and brought Gowda to Bengaluru when he had already been issued a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
"You told him to come after three days. What was the urgency in the meantime?" the judge asked.
The court observed that if Gowda failed to appear after the stipulated period, police could proceed against him in accordance with law, but cautioned against exercising their powers prematurely.
"He did not come that day? Arrest him. In accordance with law. Before that, if you wield your power, it becomes arbitrary," the judge said.
When the DCP told the court that Gowda had not been arrested but his statement was recorded before he was sent back, the judge said bringing him to Bengaluru had nevertheless deprived him of his liberty.
"By bringing him here, you have taken away his liberty," Justice Nagaprasanna said.
The judge also questioned the police over the deployment of four personnel to Udupi to bring Gowda back.
"A constable registers a complaint. All of you travel to Udupi to get the person, the so-called accused, for what? For what, sir? Who is giving you instructions?" he asked.
The DCP maintained that Gowda had travelled in his own car and had volunteered to come.
The judge questioned the explanation, asking, "Who will volunteer to come to a police station? Is the police station some holy place?"
The court also took exception to the police station's explanation regarding the CCTV footage.
"Remove that name and call it the 'Darkfield Police Station' in the Whitefield area," Justice Nagaprasanna told the DCP after being informed that the CCTV system was not functioning properly.
The judge further said, "You work in darkness? Your activities may be dark. It's called Whitefield Police Station."
He also suggested that the police action could have resulted from "someone's ego" being hurt.
At one point, the judge warned that a departmental inquiry could be ordered and an adverse entry could be made in the concerned officer's service record.
"You cannot take the liberty of citizens for granted just because you are in a uniform," he said.
Justice Nagaprasanna also told the police officer, "Standing tall will not make you tall in law. You should bend down to the law."
The court observed that the police themselves needed to be policed and said it would direct the Director General and Inspector General of Police to issue guidelines to all police stations on complying with the law laid down by the Supreme Court.
"This has become the police themselves have to be policed now. What a state!" the judge remarked.
He further said any police officer violating the law with impunity could face departmental inquiry and that courts could also impose costs when such conduct was brought before them.
The DCP sought time to examine the issues and said he would bring the matter to the notice of the DG and IG. The judge said he would pass an order on the issue.
The court also questioned the DCP about alleged interference by Whitefield Police in another property dispute, observing that similar concerns had repeatedly arisen in matters involving the police station.
(With inputs from PTI)
