Karnataka HC Constitutes High Level Committee In Chikkamagaluru Advocate Assault Case, Expresses Anguish Over Police Officials' Strike

The Karnataka High Court has constituted a High Level Committee to suggest means and ways for enhancement of amiability between stakeholders of Administration of Justice and the Law & Order Agency of the State, amidst investigation into an Advocate's assault by police officials of Chikkamagaluru district.

A Division Bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit issued the direction while hearing a suo motu petition taken up acting on the representation made by Advocates' Association of Bengaluru regarding the incident.

The bench said “The unfortunate incident has happened; something needs to be done in addition to what the CID is going to do in the matter. In our considered opinion which the tall members of the Bar too agreed, all stakeholders should gather at one place to discuss the matter and generate a congenial atmosphere and restore amiability between the Bar, the police and the District administration.”

Accordingly, it constituted the High Level committee comprising of: (i) The Advocate General for the State of Karnataka, namely, Mr. Shashikiran Shetty, Bengaluru, (ii) The Principal Secretary, Department of Home Government of Karnataka, Bengaluru, (iii) The Director General & Inspector General of Police, Police Headquarters, Bengaluru or any of his nominee, not below the rank of Inspector General of Police or the like. (iv) Mr. Udaya Holla, Senior Advocate & former Advocate General for the State of Karnataka, (v) Mr. Jayakumar S Patil, Senior Advocate, (vi) Mr. V Lakshminarayana, Senior Advocate, (vii) Mr. KN Phaneendra, Senior Advocate, (viii) Mr. Vivek Subba Reddy, President of Advocates' Association-Bengaluru, (ix) Mr. D R Ravishankar, Senior Advocate & (x) The President of Chikkamagaluru Bar Association.

The Committee has been directed to hold meeting in the Office of the Advocate General for the State of Karnataka, Bengaluru, on December 09, 2023 at 11:00 a.m. It shall submit recommendations for preventing the recurrence of dispute/difference between the stakeholders, in the interest of the public at large.

During an earlier hearing, Senior Advocate KN Phaneendra (for Chikkamagaluru Bar Association), Senior Advocate Vivek Subba Reddy (President, Advocates' Association –Bengaluru), Senior Advocate DR Ravishankar and others had expressed anguish as to a section of the police staff at Chikkamagaluru going on strike and the videographs/photographs thereof being circulated in public domain.

On the same, the bench said “We also share the same anguish, the strict discipline being the first requirement of the Police Force; otherwise, it would be a case of fence swallowing the crop. What a section of the police staff has allegedly done is absolutely unacceptable to this Court and to civil society, to say the least.”

Advocate General K Shashi Kiran Shetty assured the court that the matter was being looked into seriously by higher-ups in the Department. 

As per a Fax Message sent by the Additional Director General of Police (Law & Order) with the approval of DG & IGP of the State, the five Crimes registered by Chikkamagaluru Town Police Station are to be investigated into by CID, Bengaluru. The CID will be investigating the matter on its own and independently of what has been done by the Town Police Station, hitherto.

The investigation will reportedly be supervised and monitored by the Deputy Inspector General of Police, as may be nominated by the DG & IGP of the State.

Appreciating the same, the court said that the decision will boost the level of confidence of the aggrieved reposed in the State action.

In response to being apprised that the agitating Members of the Bar particularly at Chikkamagaluru and around, would immediately resume their court work, the court remarked, "It hardly needs to be stated that this stand of the lawyers is consistent with the observations of the Apex Court in a catena of decisions and therefore merits a deep appreciation.”

Exercising restraint, it refused to accept the submission that officials of P.S. Chikkamagaluru involved in the alleged incident should be immediately arrested as that would pacify the agitators.

“It is a matter pertaining to the domain of Investigating Agency, as reiterated by the Apex Court of the country in LALITA KUMARI vs GOVERNMENT OF UTTAR PRADESH, AIR 2012 SC 1515 and therefore restraint in this regard is warranted.”

Directing that the proceedings of the Committee be shared with the court in a sealed cover on the next date, the court adjourned the hearing of the PIL petition to December 12.

Case Title: HIGH COURT OF KARNATAKA v. THE STATE OF KARNATAKA

Case No: Writ Petition No. 26762 of 2023

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