The Karnataka High Court has strongly criticised the Whitefield Police over the manner in which they took a man into custody after he celebrated the cancellation of comedian Kunal Kamra’s proposed show in Bengaluru.
The bench of Justice M Nagaprasanna was hearing a petition filed by Mohan Gowda, associated with the Hindi Rashtra Samanvaya Samithi, challenging a case registered against him under various provisions of the Bharatiya Nyaya Sanhita (BNS).
The matter arose from the controversy surrounding a proposed Kunal Kamra comedy show in Whitefield. Gowda had earlier approached the Whitefield Police with a representation opposing the event. The show was eventually cancelled, with Kamra himself announcing the cancellation.
Following the announcement, Gowda posted on social media describing the cancellation as a “victory for Hindu unity.”
The Whitefield Police subsequently registered a suo motu case against him, alleging that the social media post had the potential to cause disharmony in society.
During the hearing, Gowda’s counsel Girish Bharadwaj told the High Court that police officials travelled from Bengaluru to Udupi and allegedly picked up Gowda at around 2 am, treating him as though he had committed a serious offence.
According to the counsel, Gowda was then brought back to the Whitefield Police Station by a police officer who had travelled from Bengaluru to Udupi to take him into custody.
The police subsequently issued Gowda a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), requiring him to appear before the police within three days.
However, the High Court noted that the notice appeared to have been used to take Gowda into custody three days before the date on which he was required to appear.
The court also recorded the allegation that the notice was handed over to Gowda some distance away from the Whitefield Police Station, after he had already been apprehended and taken into custody.
Justice Nagaprasanna expressed strong displeasure over the conduct of the Whitefield Police.
The judge observed that the police station “appears to have been violating the law time and again”, noting that the court had repeatedly come across instances of alleged legal violations involving the station.
Justice Nagaprasanna further described the manner in which the police were allegedly acting as the “modus operandi” of the officers posted at the Whitefield Police Station.
Taking note of the allegations, the High Court directed senior police officials, including the Deputy Commissioner of Police and Assistant Commissioner of Police, to address the alleged violations.
The court’s observations came while considering Gowda’s challenge to the criminal proceedings initiated against him following his social media post celebrating the cancellation of the comedian’s Bengaluru show.
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