Saturday, July 9, 2011

India News: Karnataka, India's Super State Where some are more equal before the law.

‘Can these poor cops secure Karnataka minister?’
Published: Saturday, Jul 9, 2011, 12:54 IST
By DNA Correspondent |
Place: Bangalore | Agency: DNA
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The high court on Friday pulled up the state DG and IGP for non execution of warrants issued against tourism minister G Janardhana Reddy and directed the home secretary to file a fresh inquiry report in six weeks on why the non-bailable warrant could not be executed.


The division bench headed by chief justice JS Khehar observed that the warrants to the minister had been widely reported. “They were issued 35 times and every time the press had reported it. I’d read it,” said the chief justice.


“Every citizen in Karnataka has read it. But the DGP didn’t read it? Why didn’t he enforce the warrant himself? Was he sleeping,” he asked.

“The whole country and world are watching the state of affairs in this state. What is going on? This is nothing but making judiciary a laughing stock. Nobody is above the law. Whether it is a judge, a chief justice, a minister or a chief minister, every citizen is equal before the law,” observed the division bench.

The bench then directed the home secretary to file a report explaining why the warrants issued by the lower court against Reddy were not executed by the police in six weeks after additional advocate-general KM Nataraj sought time.

The bench also directed the home secretary to file a separate affidavit explaining steps proposed for effective service of warrants or summons issued by criminal courts across the state.

A city-based advocate GR Mohan had filed the public interest litigation (PIL) in the high court alleging that Reddy was issued non-bailable warrant by the judicial magistrate first class (JMFC) court. However, he has not presented himself before the court. Reddy had not followed the directions of the court.

The advocate contended that the minister had evaded appearance before the JMFC court on several occasions, and consequently, the court issued a non-bailable arrest warrant. Each warrant was returned by the police for one reason or other.

The high court, in its hearing on June 3, 2011, directed the home secretary to file an inquiry report on the same issue.Raghavendra H Auradker, secretary to home department, on Friday submitted a report stating that immediately after the court’s order, an enquiry was ordered by DG & IG asking GP, eastern range, to conduct the same.

The IGP, in his report, submitted that C Suryanarayana, police constable attached to Toranagallu police station, and M Umesh, PSI of that station, were found responsible for non-execution of the said summons or warrants along with YH Ramakanth, CPI Sandur, HY Turai, DySP, Ashok Kurer, additional SP, Bellary, Seemanth Kumar Singh, the then SP andMN Nagaraj, the then SP of Bellary district.

Ramakanth, Umesh and Suryanarayana were placed under suspension and a show cause notice was issued against Turai. The DGP wrote a letter to the government for initiating action against Kurer.

In the case of IPS officers Singh and Nagaraj, the matter was referred to state government for initiating disciplinary proceedings, the government said.

Pulling up the DGP, the bench observed: “Can these poor constables, who are suspended, secure the minister?”

Additional advocate-general submitted to the court that he may be permitted to withdraw the affidavit and stated that the correct purport of the court’s orders on June 3 was not properly appreciated by the secretary, department of home.

He then sought for an adjournment to enable a fresh inquiry to be conducted in consonance with the court’s previous directions. The division bench gave six weeks to the home secretary to file a fresh inquiry report and adjourned the case to August 19.



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dnaindia.com/bangalore/report_can-these-poor-cops-secure-karnataka-minister_1563986

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