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.
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.
Pakistan ‘relaying messages’ between Iran and US for peace in West Asia: official
Lahore (PTI): Pakistan is relaying messages between Iran and the US with the aim to help de-escalate the West Asia conflict, a top government official said on Wednesday.
"We are trying to broker US-Iran peace talks and have also offered Islamabad as a venue for the purpose. But it will be possible if Iran agrees to sit at the table with America," a top official in the Shehbaz Sharif administration said on the condition of anonymity.
"At the moment, Pakistan is relaying messages between the US and Iran. Islamabad not only handed over the 15-point proposal of the US to Iran but also Tehran's demands to the Trump administration to ink a peace deal," he said.
The 15-point proposal outlines strict conditions targeting Iran’s nuclear and regional policies in exchange for major sanctions relief, he added.
Under the proposal, Iran would be required to fully dismantle its nuclear programme and commit never to pursuing nuclear weapons. All enriched nuclear material would be transferred to the International Atomic Energy Agency (IAEA) within an agreed timeframe.
Key nuclear facilities, including the Natanz Nuclear Facility, Isfahan Nuclear Technology Centre and Fordow Fuel Enrichment Plant, would be decommissioned and destroyed under the plan. The IAEA would also be granted full access to all aspects of Iran’s nuclear programme, he said, speaking about the proposal.
The proposal further calls on Iran to cease funding, directing and arming allied groups across the region, a longstanding point of contention with both Washington and Israel, he added.
In a move aimed at safeguarding global energy supplies, the plan ensures that the Strait of Hormuz will remain open as a free maritime route, preventing any disruption to international shipping.
As a final decision on Iran’s missile programme has been deferred, the proposal says any future arrangement would impose limits on the range and number of missiles, restricting their use to defensive purposes only.
In return, the United States is prepared to lift all sanctions on Iran and support the development of a civilian nuclear programme, including assistance at the Bushehr facility, the official informed.
The proposal also includes removing the so-called “snapback” mechanism, which allows for the automatic reimposition of United Nations sanctions.
The Iranian regime has hardened its stance and is seeking significant concessions from the United States if mediation efforts lead to serious negotiations, he said.
"In any talks with the US, Iran would not only demand an end to the war but concessions that are likely red lines for President Trump —guarantees against future military action, compensation for wartime losses and formal control of the Strait of Hormuz," the official said and added Iran would also refuse to negotiate any limitations to its ballistic missile programme.
Iran’s president earlier warned that stability in the region is possible only through cooperation and respect for the will of the nations.
“Today we are witnessing the awakening of the people in many countries around the world,” Masoud Pezeshkian wrote on X, claiming that people of Pakistan, Turkiye, Iraq, Lebanon, Egypt, and Arab countries are loudly expressing their rejection of the US, Israel and their crimes.
He said that Iran has also outlined a set of key counter-conditions in response to the 15-point proposal.
Iran has demanded the lifting of US-imposed economic sanctions. It rejected calls for a total halt to uranium enrichment, insisting that its nuclear programme is for peaceful purposes and falls within its sovereign rights, he added.
Another major sticking point is Iran’s defence and missile programme, which Iranian officials describe as essential for national security.
Tehran has refused to accept any proposal that would limit its missile capabilities or weaken its regional deterrence posture.
Iran is also seeking binding guarantees from Washington to ensure that any future agreement will not be abandoned unilaterally, as happened in the past, he added.
Iranian leaders have stressed the need for assurances against military escalation or regime-change efforts.
Iran also wants no presence of US forces in the Gulf and control over strategic waterways, the official added.
