Karnataka HC quashes FIR against Infosys co-founder Kris Gopalakrishnan and others
Bengaluru, Apr 28 (PTI): The Karnataka High Court has quashed an FIR registered against Infosys co-founder Kris Gopalakrishnan and others under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The court termed the complaint "an abuse of the process of law" and granted liberty to initiate criminal contempt proceedings against the complainant.
Justice Hemant Chandangoudar, who passed the order on April 16, observed that the complaint was a "vexatious attempt to harass the petitioners."
The FIR was based on a private complaint filed by D Sanna Durgappa, a former faculty member of the Indian Institute of Science (IISc), who was terminated in 2014 following an internal inquiry into sexual harassment allegations.
He claimed that in 2014, he was falsely implicated in a honey trap case and subsequently dismissed from service. He further alleged that he was subjected to casteist abuse and threats.
The court noted that the termination was later converted into resignation, following a challenge before the High Court in 2015. As part of the settlement then, Durgappa had agreed to withdraw all complaints and legal proceedings against the institution and its representatives.
Despite this, he proceeded to file two more FIRs, both of which were quashed in 2022 and 2023. The present FIR, the court observed, contained similar allegations and was an abuse of judicial process.
Reacting to the judgement, Kris Gopalakrishnan said in statement, "I have full faith in our courts and the justice system. This judgment reaffirms that misuse of legal provisions has no place in a fair and just system. I am grateful that the Hon'ble High Court has seen through the falsehoods and upheld the truth."
The court further held that the allegations did not attract any offence under the SC/ST (Prevention of Atrocities) Act, pointing out that the matter was essentially civil in nature, but had been wrongly given a criminal colour.
The court has also allowed Gopalakrishnan and other petitioners to approach the Advocate General for permission to initiate criminal contempt proceedings against Durgappa.
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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.
