SC quashes complaint against Karnataka IPS officer Devaraj in illegal detention, assault case
New Delhi: The Supreme Court on Thursday quashed the complaint filed against Karnataka IPS officer D Devaraj, for allegedly assaulting a man during the investigation of a case while he was serving as SP, Bangalore Metropolitan Task Force (BMTF) in 2013.
Devaraj is presently serving as the SP, CID had earlier approached the apex court to stay the criminal proceedings against him in the case challenging the Karnataka High Court’s order that had declined to stay the proceedings. The apex court had then in April 2018 stayed the criminal proceedings against the officer.
The officer had then submitted that high court, as well as the trial court, ignored that so far public servants were concerned, the cognizance of any offence is barred by Section 197 unless sanction was obtained from the appropriate authority, if the offence, alleged to have been committed, was in discharge of the official duty.
In his petition, the police officer contended that Hussain, after his arrest in a criminal case, was produced before the magistrate court on February 28, 2013. He was specifically asked as to whether there was any ill-treatment and no complaint was made by him. The doctor, who examined him on March 4, 2013, found that no abnormalities and no injuries were found on him, he had said.
Hussain had filed a private complaint against Devaraja, retired ACP H Siddappa, inspector Puneeth Kumar R, sub-inspector V R Deepak, and police constable Hanumesh for the offences of criminal conspiracy, assault among others. The court of Additional Chief Metropolitan Magistrate, Bengaluru had on December 27, 2016, taking cognizance of the complaint against them. The high court had refused to allow their plea under Section 482 of the CrPC for quashing the complaint. It had directed them to appear and seek discharge from the trial court.
Hussain had alleged that he was 'illegally detained and booked for a theft he never committed.' Hussain from New BEL Road had claimed that he was harassed after the police barged into his house in February 2013, by breaking open the door. They beat, abused, and arrested him for a theft case registered in Halasuru police station, he had alleged.
On Thursday, the Supreme Court set aside the Karnataka High Court order and quashed the complaint. It observed “Significantly, the High Court has by its judgment and order observed “it is a well-recognized principle of law that sanction is a legal requirement that empowers the Court to take cognizance so 35 far as the public servant is concerned. If at all the sanction is an absolute requirement, if it takes cognizance it becomes illegal therefore an order to overcome any illegality the duty of the magistrate is that even at any subsequent stages if the sanction is raised the Magistrate has to consider”.
“In our considered opinion, the High Court clearly erred in law in refusing to exercise its jurisdiction under Section 482 of the Criminal Procedure Code to set aside the order of the Magistrate impugned taking cognizance of the complaint, after having held that it was a recognized principle of law that sanction was a legal requirement which empowers the Court to take Cognizance. The Court ought to have exercised its power to quash the complaint instead of remitting the appellant to an application under Section 245 of the Criminal Procedure Code to seek discharge” the Court observed as it quashed the complaint against Devaraj.
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Hospital wall collapse: CM orders suspension of executive engineer; kin of victims get solatium
Bengaluru (PTI): Karnataka Chief Minister Siddaramaiah on Thursday ordered the immediate suspension of an executive engineer for the Bowring and Lady Curzon Hospital wall collapse that claimed the lives of seven people, during a high-level review meeting at Vidhana Soudha.
A compensation of Rs 5 lakh, as announced by the CM Siddaramaiah, was distributed to the families of seven victims who lost their lives in the tragedy on Wednesday evening, which occurred due to heavy downpour with gusty winds and hailstorm.
The meeting of municipal commissioners of the five corporations, chaired by the chief minister and attended by Deputy Chief Minister D K Shivakumar, focused on fixing accountability and examining lapses that led to the tragedy.
"Why was soil dumped in a way that damaged the wall? Why did you not monitor this?" Siddaramaiah asked, pulling up hospital authorities during the meeting.
A statement from the chief minister's office said that the CM ordered the immediate suspension of the executive engineer of the Karnataka Health Systems Development Project (KHSDP).
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He also questioned the hospital authorities, asking why they failed to monitor the dumping of soil that weakened the structure.
The chief minister directed that a notice be issued to the head of the Hospital.
During the meeting, Siddaramaiah said the rains had caused extensive damage in the city, with over 250 trees uprooted.
The Chief Minister instructed officials to take necessary measures before the onset of the monsoon to avoid untoward incidents.
Commissioners of all five municipal zones in Bengaluru have been asked to take precautionary steps, including trimming dry and dangerous tree branches, the CMO said.
Siddaramaiah also directed them to get the silt cleared from stormwater drains to prevent flooding, and that immediate action be taken to remove debris and fallen branches from roads.
Further, he instructed that barricades be placed at underpasses where water stagnates and restricts public movement.
The Greater Bengaluru Authority (GBA) Chief Commissioner M Maheshwar Rao said in a statement that Shivajinagar MLA Rizwan Arshad distributed compensation cheques of Rs 5 lakh each to the families of the deceased on Thursday.
Seven people, including a six-year-old girl, were killed and seven others injured when the compound wall collapsed amid heavy rain, strong winds and a hailstorm on Wednesday evening.
Police said the victims, comprising three from Bengaluru, two from Kerala on a study tour and one each from Uttar Pradesh and Assam, had taken shelter near the wall when it suddenly gave way, trapping them under the debris.
The chief minister questioned officials over the dumping of soil near the wall despite knowing it could weaken the structure, and directed that a notice be issued to the head of Bowring Hospital.
Siddaramaiah, who had visited the spot soon after the incident along with senior officials, reviewed the situation and ordered a detailed probe into the collapse.
