Bengaluru Riots Case : Karnataka HC Issues Notice On Plea To Display Names Of Persons Arrested As Per Sec 41C CrPC

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi while issuing the notice returnable on September 11, said :

"We direct the State Government to file a memo/ statement of objections/written submissions reporting compliance with the requirements of Section 41C of the Code of Criminal Procedure, 1973 in relation to the offences registered in connection with the incident of 11th August, 2020 in the city of Bengaluru."

Petitioner Junaid Ahmed, who is a practicing advocate, has stated that after the Bengaluru riots of August 11, within the jurisdiction of the DJ Halli police station, many people called him stating that the male members of their family were arrested and their whereabouts are not known.

Ahmed says he approached the local police station but failed to track any details of the concerned. Then he approached the Commissioner of Police's office to see the names of the arrested accused on the notice board. However, he did not find any details.

Advocate Syed Zaheeruddin Bareed, appearing for the petitioner, told the court about section 41C of CrPC, which says that the state government shall establish a police control room— in every district; and at State level and that the State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests. The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.

The petition says despite the the express mandate of law, name and address of the arrested persons are not displayed by the respondents at any places. The plea prays for directions to the Commissioner of police, to display the names and other details of arrested persons and the name and designation of the officer who made the arrest as mentioned in Section 41C on the notice board.

Recently, the High Court has dismissed a petition filed seeking to display names of arrested accused on the website of the city police.

The court has said "If we direct the city police to put up names of accused on its website, people will come here (High Court) and say you are violating our Right to Privacy."

On the night of 11 August 2020, violent clashes took place in Bangalore after a mob of men who were protesting against a derogatory post on Facebook on Prophet Muhammad went on the rampage.  

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