3 days ago
Karnataka High Court Questions Police Bringing Udupi Leader
The Karnataka High Court examined how police handled Mohan Gowda’s case.
Police had told him to come to the station after three days.
Instead, officers went to Udupi and brought him to Bengaluru.
The police said he was not arrested and came voluntarily.
The judge said bringing him to Bengaluru still affected his freedom.
The judge also criticized the missing CCTV footage at Whitefield Police Station.
Police said power problems affected the cameras.
The case began after a social media post about the cancellation of a comedian’s show was alleged to have caused social disharmony.
The Karnataka High Court questioned why Whitefield Police brought Mohan Gowda from Udupi despite serving him a notice to appear after three days.
The court said transporting Gowda to Bengaluru restricted his liberty, while police maintained he was not arrested and had come voluntarily.
Justice M Nagaprasanna criticized the absence of CCTV footage and the police explanation that power fluctuations had disrupted the system.
The case concerns a social media post in which Gowda allegedly called the cancellation of Kunal Kamra’s Bengaluru show a victory for Hindu unity.
The court warned of departmental action and said statewide police guidelines could be issued on complying with Supreme Court law.
- Who
- The Karnataka High Court, Justice M Nagaprasanna, Whitefield Police, and Hindu Janajagruti Samiti convenor Mohan Gowda.
- What
- The court questioned the police decision to bring Gowda from Udupi to Bengaluru after issuing him a notice to appear later.
- Where
- The proceedings involved Whitefield Police Station in Bengaluru and Gowda’s transport from Udupi.
- When
- During a Saturday hearing.
- Why
- Police alleged that Gowda’s social media post about the cancellation of Kunal Kamra’s proposed Bengaluru show caused social disharmony.
Court’s Concerns
Police Response
Transporting Gowda to Bengaluru
Court’s Concerns
The court said there was no apparent urgency to bring Gowda from Udupi when he had been instructed to appear after three days, and said the action took away his liberty.
Police Response
The DCP said Gowda had not been arrested, had come in his own car, and had volunteered to come.
Timing and use of police powers
Court’s Concerns
The court said police could act according to law if Gowda failed to appear after the stipulated period, but warned that acting earlier could be arbitrary.
Police Response
Police defended the action as recording Gowda’s statement and sending him back, without describing it as an arrest.
CCTV footage
Court’s Concerns
The court questioned why footage was unavailable and criticized the explanation that power fluctuations had affected the CCTV system.
Police Response
The police attributed the absence of footage to problems caused by power fluctuations.
Key facts
- Court
- Karnataka High Court
- Judge
- Justice M Nagaprasanna
- Person involved
- Mohan Gowda, convenor of Hindu Janajagruti Samiti
- Police station
- Whitefield Police Station, Bengaluru
- Notice
- A notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita asked Gowda to appear after three days.
- Police position
- Police said Gowda was not arrested, had come in his own car, and volunteered to appear.
- Court concerns
- The court questioned the alleged restriction of Gowda’s liberty, missing CCTV footage, and the police trip to Udupi.
Quotes
Justice M Nagaprasanna
Karnataka High Court judge questioning the police action
“Where was the necessity to go to Udupi, pick him up and bring him here? For what offence?”
deccanchronicle.com
“You cannot take the liberty of citizens for granted just because you are in a uniform.”
deccanchronicle.com
Sources
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