HC grants interim relief to BJP MLA B.P. Harish in Davanagere SP defamation case
Bengaluru: The Karnataka High Court has issued an interim order restraining coercive action against BJP MLA B.P. Harish in connection with a case registered over his alleged derogatory remarks against Davanagere Superintendent of Police (SP) Uma Prashanth.
Justice M.I. Arun, hearing Harish’s petition seeking to quash the FIR filed at KTJ Nagar Police Station in Davanagere, passed the interim order on Friday. The court also directed the MLA to cooperate with the ongoing investigation. Meanwhile, notices have been issued to the respondents KTJ Nagar Police and SP Uma Prashanth, who is the complainant, and the matter has been adjourned.
Appearing on behalf of Harish, advocate P. Venkatesh Dalawai argued that the MLA had not intended to tarnish the reputation of the SP. He said the statement was made in the context of district-level ministers allegedly misusing their powers and failing to respect senior officers. He added that Harish had already issued a clarification through a press note.
The counsel further submitted that Harish had not mentioned the SP’s name directly but had made a general comment criticising the system. However, the case has been given a political colour and registered with mala fide intent, amounting to misuse of legal provisions.
The controversy began after SP Uma Prashanth lodged a complaint on the night of September 2. She alleged that during a press conference earlier that afternoon at the Davanagere Press Club, Harish had insulted her by comparing her conduct to that of a “Pomeranian dog belonging to the Shamanur family.” The complaint said Harish further remarked that the SP seemed to treat only those in power with importance and failed to respect all elected representatives equally.
Calling the MLA’s words “derogatory, offensive and deeply humiliating,” SP Uma Prashanth stated that the comments caused her severe mental distress and damage to her dignity, especially as a woman and as a senior police officer.
Based on her complaint, police booked Harish under Sections 79 (outraging the dignity of a woman) and 132 (obstructing a public servant in discharge of duty) of the Bharatiya Nyaya Sanhita (BNS). Challenging this FIR, Harish approached the High Court seeking relief.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
