Bengaluru Riots : Can Powers Under Commission Of Inquiry Act Be Given To Claims Commissioner? Karnataka HC Asks State

The Karnataka High Court has asked the state government to reply on the question of whether the Claims Commissioner appointed to estimate and investigate the damages caused in the Bengaluru riots case, be empowered under the provisions of the Commissions of Inquiry Act.

The Court had on August 28, appointed Retired Justice H S Kempanna as the Claims Commissioner. A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said "As per, provisions of Commissions of Inquiry Act in particular section 4,5 and 9 thereof the state government will take instruction on the question of empowering the Retd Judge, under the said act."

Advocate Shridhar Prabhu appearing for petitioner Girish Bharadwaj informed the court that certain powers under the Commissions of Inquiry Act be conferred on the claims Commissioner for conducting the inquiry. He submitted that any action taken in good faith by the retired judge needs to be protected under section 9 of the Act.

The bench agreed with the submissions and said "This is a sensitive matter nobody should subject the retired high court judge to any sort of proceedings."

The Court had appointed Justice Kempanna as the Claims Commissioner after an application was moved by the State Government. The state had relied on the directions issued by the Supreme Court of India, in its judgment dated 16.04.2009, in Re: Destruction of Public and Private Properties, (2009) 5 4 SCC 212, for the appointment of the Claims Commissioner.

Additional Solicitor General, M B Nargund informed the court that the decision to transfer two cases in regards to the D J Halli and K G Halli riots case, in which provisions of the Unlawful Activities (Prevention) Act, have been applied to the National Investigation Agency (NIA), is under active consideration and he will be able to place the order of the Central government in that respect within one weeks time. On September 11, Special Public Prosecutor for NIA, P Prasanna Kumar had informed the court that "He has received oral communication that Central government is likely to pass order transferring investigation of two cases where UAPA has been applied to NIA."

As per the police case on the evening of August 11, a mob of around 300 people gathered near D.J. Halli Police Station, protesting against an allegedly derogatory comment on Prophet Mohammed, posted by one P. Naveen on his Facebook page. An FIR was lodged on the basis of a complaint submitted by one Firdous Pasha, for offences under Section 295-A and 153 of the Indian Penal Code.

They then proceeded to gather outside the residence of Akhanda Srinivasa Murthy, who is an MLA, from Pulikeshi Nagar constituency and caused extensive damage to his house and property.

The mob was then joined by a large number of miscreants from adjoining areas and they began to set fire to police vehicles and attacked police personnel of D.J. Halli and K.G. Halli Police Stations, by throwing stones at the building and attacking them with deadly weapons. Later, the mob resorted to arson and set fire to the basement of the D.J. Halli Police Station building and destroyed Government properties located within the premises of the Police Station.

More than 80 police personnel were injured in the violence. The mob also burnt private vehicles and property, caused extensive damage to buildings of private and commercial establishments, and also looted them. A total of 64 criminal cases have been registered so far and investigation is under process.