"Anarchy": Karnataka HC condemns beating of mentally unsound youth over desecration of Dr. Ambedkar portrait

The Karnataka High Court on Thursday condemned the beating of a mentally unstable youth aged around 19 years old, after he was accused of desecrating a Dr BR Ambedkar portrait [Chandru v State of Karnataka].

Justice M Nagaprasanna questioned how such incidents of violence continue to take place in modern times.

"You'll beat each other up, no good will come of it. You only have to face a case, counter-case, investigation. You'll strip him naked, beat up and you think an investigation won't be instituted? No act can be justified whatever. This cannot be accepted in a democratic set up at all. Even in the worst of regimes, these things have stopped happening long ago. (But) not in this country," the judge orally observed.

The incident is reported to have taken place last month at a village in Chamarajanagar.

After the youth was accused of destroying the lighting of a signboard with Dr. BR Ambedkar's portrait, locals reportedly stripped him, tied him to an electric pole, and beat him before police arrived on scene to rescue him.

A case was eventually registered against the 19-year-old as well. He was booked for the offences under Sections 299 and 324(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which pertain to deliberate acts outraging religious feelings and mischief causing property damage. He was also booked under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

The youth (represented by his father since he is mentally unsound) eventually filed a plea before the High Court to quash the case.

The Court had earlier directed the police not to take any coercive steps against the youth (petitioner) while permitting the investigation to continue. The Court noted that there are cross cases in the matter, and said that the investigation in both cases can continue.

During yesterday's hearing of the matter, the petitioner's counsel submitted photos of the incident. Disturbed, the Court asked,

"Is this rule of law, what is this? This is why I have been telling daily, the State is in anarchy. There is no rule of law. Nowhere in the world this happens. In a democratic setup this does not happen."

The Court was also told that a Superintendent of Police (SP) was captured on camera telling the boy that an externment order would be issued against him, and an FIR would be filed against him every year.

The Court was shown a video of the incident, where the SP was allegedly seen telling the boy that the Goondas Act would be invoked to open a rowdy-sheeter case. Justice Nagaprasanna sharply criticised the police officer's comments.

"The SP has no business to talk like this, that he has powers to open a rowdy sheeter, powers to extern someone, we will do it. What is this appeasement of this kind?" the judge asked.

The Court proceeded to seek a further report on the status of the probe when the matter is heard next. The order granting the accused youth interim protection from coercive action was extended as well.

"In the light of the issue being projected as a case and a counter-case, investigation in the case at hand is a must. The investigation both in the case and the counter-case. The papers of the investigation conducted till the next date be placed before this court by the investigating agency. Under the garb of investigation no coercive steps be taken against the accused in each of the cases, subject to the condition that the accused would co-operate in the investigation."

State Public Prosecutor BN Jagadeesha appeared for the State.

The matter is scheduled to be heard next on August 20.