Delay in exhumation process by police inexplicable: Lawyers of complainant in Dharmasthala case
Mangaluru: Lawyers representing the key witness in the Dharmasthala mass burial case have criticised the public statement made by Superintendent of Police (SP) Dr Arun K on Wednesday, calling it misleading and dismissive of the complainant’s efforts to bring a dark chapter of history to light.
In a detailed statement issued on behalf of the complainant, advocates Dheeraj S J and Ananya Gowda expressed concern over what they called a “complete misrepresentation” of facts by the district police and said the SP’s comments fail to acknowledge the complainant’s intent, cooperation and vulnerability.
The lawyers pointed out that contrary to what the police narrative implies, the complainant did not approach the authorities initially. Instead, driven by conscience and a fear of divine justice, he came forward on his own and sought legal counsel to confess about the mass burials. The lawyers clarified that there was no active investigation or police interest in these alleged crimes until the complainant initiated contact.
They accused the police of ignoring this crucial background in their public statements, which they said gives a wrong impression to the public.
Responding to the SP’s claim that the release of information to the public compromises witness protection, the lawyers said the complainant never tried to hide his identity to avoid scrutiny. Rather, the decision to share a redacted version of the complaint and FIR through lawyers was taken in good faith to ensure transparency while ensuring the witness's safety.
“The suggestion that the police are now free from their duty to protect him because certain details have been shared is completely wrong,” the lawyers said, adding that this interpretation goes against the Witness Protection Scheme, 2018.
The lawyers also accused the investigating officer of attempting to violate attorney-client privilege by questioning whether the release of the complaint and FIR had the witness’s approval. They called this move a serious legal overreach, adding that it threatens fundamental legal protections available to every citizen.
They questioned the police’s discomfort with media coverage around the issue and said such behaviour creates a chilling effect on people willing to come forward with sensitive information.
Refuting the SP’s claim that the witness’s location is unknown, the lawyers said this was factually incorrect. According to them, on July 14, police officers spent more than four hours recording the complainant’s statement at an undisclosed location. Moreover, on July 13, his temporary address had been formally shared with the police over email.
“The suggestion that they are unaware of his whereabouts is simply not true. The lapse, if any, is from their side,” the lawyers added.
One of the strongest points raised in the statement was about the police's failure to act after receiving clear evidence. The complainant, in his official 164 statement (Section 183 of BNSS) recorded before a magistrate on July 11, had voluntarily handed over human remains from a burial site to the police and forensic team. This was done late in the night and took several hours of coordination.
The complainant, the lawyers said, had expected that the next day the police would accompany him back to the site for a formal inspection and evidence collection. However, no such follow-up has happened even as of July 16.
They called the delay “shocking” and said it indicated a lack of seriousness from the authorities, despite the presence of irrefutable evidence and the witness’s full cooperation.
The lawyers also revealed that the complainant fears for his life and believes that each body he helps recover reduces the motive to eliminate him. “He is not trying to run away. He wants these remains exhumed while he is still alive,” they said, urging the police to act urgently.
Wrapping up their statement, the lawyers made it clear that their client is not trying to create trouble but attempting to expose a brutal historical injustice. They urged the authorities to recognise the courage it takes to do so and not treat the complainant as an adversary.
“The complainant remains available, willing, and committed to assist the investigation,” they said, calling on the police to perform their duties responsibly and without delay.
The statement was signed by Advocates Dheeraj S J and Ananya Gowda, who have now taken charge of the case from their colleagues Ojaswi Gowda and Sachin Deshpande.
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Two arrested in K'taka for assaulting minors, uploading CSAM content
Bengaluru (PTI): Two men were arrested for allegedly sexually assaulting two minor girls, recording the acts on mobile phones and uploading the videos online as child sexual abuse material, police said on Thursday.
The accused have been identified as Kiran Kumar (29), hailing from Chitradurga district, and Aditya M K (20), hailing from Shivamogga district, they said.
A probe was initiated after information was received from the NCRP portal regarding a suspected instance of creation of Child Sexual Abuse Material (CSAM) for online dissemination, police said.
Accordingly, a case was registered at Kaggalipura Police Station under relevant sections of the IT Act on May 10, they added.
Investigation revealed that two minor girl victims were exploited and videos were created and uploaded to the internet. The child victims have subsequently recorded their statements as per procedure and further necessary legal steps have been taken, Pronab Mohanty Director General of Police, Cyber Command, said in a statement.
Based on the statements of the victims, the accused persons, who allegedly assaulted the minors, recorded the acts on mobile phones and uploaded the videos online, were arrested, he said.
Following the probe, sections 65(2) (rape) and 70 (gangrape) of the Bharatiya Nyaya Sanhita, along with relevant sections of the POCSO Act, have been added to the FIR, police said.
Officials collected relevant information and on May 12, arrested the accused persons and seized three mobile phones belonging to them, in which the videos had allegedly been recorded, he said.
The accused were later produced before the court and taken into police custody for further investigation, he added.
According to him, in CSAM cases, police usually apprehend offenders who have downloaded such content or have kept them in their possession after obtaining them from elsewhere, usually the internet.
"The present case is one of the very few instances where content creators and uploaders have been apprehended," Mohanty added.
