Karnataka High Court stays FIR against Kuloor road protestors
Why was an FIR necessary for a peaceful protest?: High Court questions police
Kuloor: The Karnataka High Court has granted a stay on the FIR registered by Kavoor police against members of the Toll Virodhi Horata Samithi, including Muneer Katipalla, for protesting to demand road repairs in Kuloor.
The protest was held on 26 November 2024 by the Toll Virodhi Horata Samithi, demanding the repair of the Kuloor road. In response, the Kavoor police registered an FIR against Muneer Katipalla, B.K. Imtiaz, Sunil Kumar Bajal, Manjula Nayak, Srinath Kulal, Raghavendra, Yadav Shetty, and Dayanand Shetty and filed a charge sheet in court. Subsequently, a non-bailable warrant was issued against the protestors.
Senior Advocate S. Balan, representing the protestors, filed a petition in the Karnataka High Court seeking the quashing of the FIR. Justice Hemant Chandan Gowdar, hearing the case, has granted a stay on the FIR.
High Court questions police
The court questioned the police on what grounds they had invoked s. 189 and s. 190 of the Bharatiya Nyaya Sanhita (BNS) without applying s. 3(5). The judge also asked, "What was the necessity of an FIR for a peaceful protest?"
Senior Advocate S. Balan argued, "Filing an FIR against those who demanded road repairs is a violation of citizens' fundamental duties. Article 51A of the Indian Constitution outlines fundamental duties, which include protecting public property and avoiding violence."
He further stated, "No loudspeakers were used during the protest, nor was public movement obstructed. The police were deployed for security, but they neither intervened nor arrested anyone during the protest. The FIR was filed only after the protestors had returned home."
Protestors accused of being "absconding"
Balan also pointed out that those named in the FIR are well-known activists in Mangaluru and that even after the FIR, they continued holding protests for public interest. Yet, the police deliberately filed an 'Absconding Charge Sheet' against them.
He further argued, "The charge sheet was filed without issuing a notice under s. 35 of BNS, which is a clear violation of fundamental rights and an abuse of law."
Allegations against Mangaluru police
Balan alleged that illegal gambling, unauthorised sand mining, and unlicensed massage parlours were operating in Mangaluru under police supervision. He argued that instead of addressing these issues, police officials were targeting activists by registering FIRs against them in retaliation for their protests.
After hearing the arguments, Justice Hemant Chandan Gowdar stayed the FIR and the proceedings in the Mangaluru court. The High Court also issued an urgent notice to the Kavoor police, providing relief to the protestors.
Advocate Rakshita Singh assisted in the case.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Fired from family business, nephew breaks into uncle's shops in Delhi; arrested
New Delhi (PTI): Delhi Police has arrested a 22-year-old man who allegedly stole cash, a laptop and a mobile phone from his uncle's shop in Dwarka to take revenge after he was fired from the family business, officials said on Wednesday.
Piyush Tulswani, the accused, completed his Class 11 from Rajasthan's Pilani, after which he came back to live with his family, a senior police officer said.
His father, Kishan Tulswani, used to work as a sales manager at his uncle Jeetu's confectionery shops. After the death of his father, Piyush took up his position, the officer said.
Soon, Piyush started embezzling money from the shops, and was fired after Jeetu took note of the act, police said.
His mother also reprimanded him for embezzling money, after which Piyush left home and started living with his friend, the officer said.
Piyush hatched a plot to steal money from his uncle’s shops, which he knew well. Acting on his plan, he took his brother's scooter and broke open each shop, stealing cash, a laptop and a mobile phone.
On January 31, Jeetu reported the matter to police, accusing Piyush of committing burglaries at his shops located in Sector-18, Sector-11, Sector-12 and Sector-4, Dwarka, the officer said.
Jeetu also provided CCTV camera footage from the shops, in which Piyush could be seen breaking them open, he said.
Tracing his mobile phone locations to Safdarjang, Hauz Khas, Rajapuri and Dabri, police conducted several raids.
“He later switched off his phone to restrict access to his location,” the officer said.
On February 13, police received information that Piyush would come to the fruit mandi in Dabri around 9.30 am. Accordingly, a trap was laid, leading to the arrest of the accused, he said.
Initially, he did not confess to the crime, but when police showed him the CCTV clips, he admitted to committing the burglaries, the officer said.
