K’taka Govt's stand on quashing of charges against Kalladka Prabhakar Bhat – Not against interests
Bengaluru: The Karnataka Congress government has taken the position that the High Court's decision to quash the chargesheet against Raghaveshwara Bharathi Swamiji of Ramachandrapura Math, the first accused, and RSS leader Kalladka Prabhakar Bhat, the third accused, in the Shyam Prasad Shastri suicide case, is "not against the government's interest."
This stance, expressed by the Deputy Secretary of the Prosecution Department, emerged after the government concluded that an appeal against the High Court’s decision to the Supreme Court would not be “a suitable case.” The decision followed departmental-level discussions, details of which were obtained through an RTI request by thefile.in.
The file containing the discussions reveals that the Karnataka High Court’s order was reviewed alongside the opinions of government lawyers. It was determined that the court had issued its ruling with valid reasons, after hearing arguments from both sides and considering the case records and relevant laws.
The High Court’s order, delivered under Section 482 of the CrPC in conjunction with Sections 506, 306, and 34 of the IPC, was not seen as contradictory to the government’s interests. As a result, the Prosecution Department concluded that it was not a case fit for appeal.
Deputy Secretary Anita H.V. noted in the file on September 20, 2023, that she agreed with the legal experts’ opinion and had ordered the closure of the file, stating that the High Court’s order was not suitable for an appeal to the Supreme Court. The government communication was subsequently issued on September 22, 2023, affirming the decision not to pursue further legal action.
This decision came four months after Chief Minister Siddaramaiah’s return to power for his second term, with the Prosecution Department under the Home Ministry issuing the formal communication.
The government lawyers were also of the opinion that filing an appeal was not appropriate in this case, and the government upheld their view. The official order, issued under reference numbers HD/11172/HCP1/2023 and 3571/AG-G-CRL/23-24, was based on the detailed legal assessment of the case against Raghaveshwara Bharathi Swamiji and Kalladka Prabhakar Bhat.
In the meantime, the original complainant, Sandhyalakshmi, has filed a separate appeal in the Supreme Court (SLP Criminal Petition Number 4309-4310/2024) challenging the High Court's decision. As a result, the Karnataka government was named the second respondent in this appeal.
The Supreme Court, in turn, issued a notice to the Karnataka government on March 19, 2024, with senior advocate D.L. Chidanand assigned to represent the case. The subsequent order was issued on April 5, 2024.
Given the ongoing legal developments, officials suggested reconsidering the earlier decision of September 22, 2023, and pursuing a Special Leave Petition (SLP) against the High Court’s April 2023 order. However, no final decision has been made by the Prosecution Department thus far. The department has submitted the case file for appropriate orders regarding the High Court's ruling.
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Pakistan reports two more polio cases; Total tally now 52
ISLAMABAD: At least two more cases of poliovirus were reported in Pakistan, taking the number of infections to 52 so far this year, a report said on Friday.
“The Regional Reference Laboratory for Polio Eradication at the National Institute of Health has confirmed the detection of two more wild poliovirus type 1 (WPV1) cases in Pakistan," an official statement said.
The fresh infections — a boy and a girl — were reported from the Dera Ismail Khan district of Khyber-Pakhtunkhwa province.
“Genetic sequencing of the samples collected from the children is underway," the statement read. Dera Ismail Khan, one of the seven polio-endemic districts of southern Khyber Pakhtunkhwa province, has reported five polio cases so far this year.
Of the 52 cases in the country this year, 24 are from Balochistan, 13 from Sindh, 13 from Khyber Pakhtunkhwa, and one each from Punjab and Islamabad.
There is no cure for polio. Only multiple doses of the oral polio vaccine and completion of the routine vaccination schedule for all children under the age of five can keep them protected.
