Whitefield police station should be renamed darkfield: Karnataka HC flags repeated violation of arrest guidelines

The Karnataka High Court on Saturday ordered the State Director General of Police (DGP) to issue guidelines with regard to the cases registered over social media posts [Mohan Gowda v. State of Karnataka].

Justice M Nagaprasanna referred to the case of Nalla Balu v State of Telangana in which Telangana High Court's guidelines on handling complaints made with respect to social media posts were upheld by the Supreme Court.

"The High Court of Telangana had directed verification of locus standi at the outset, preliminary inquiry to be conducted and a higher threshold of these two to be met for media post or speech related offences. Protection of political speech or posts thereon, defamation as a non cognizable offence, arrest guidelines, and frivolous and motivated complaints to be taken note of," the Court noted

Justice Nagaprasanna directed the Director General of Police (DGP) & Inspector General of Police (IGP) to issue similar guidelines as a circular to all police stations across Karnataka.

"It is time that the DG & IG issue a circular to stations as guidelines to follow the judgement of Nalla Balu and also indicate that those who would violate the law would not be left off the hooks but brought to the books," the Bench said.

It further directed that the circular should specify that any violation of the guidelines would lead to departmental inquiry and imposition of costs by constitutional courts.

Pertinently, the Court also took exception to the Whitefield police station for repeatedly flouting various procedural guidelines and rules governing arrest and other matters.

The bench said the police station should be named darkfield police station instead of Whitefield.

"Your activities may be dark, it's called Whitefield police station. Take it down, make it Whitefield area's darkfield police station," the judge remarked.

The Court was hearing a petition filed by a Hindutva leader who was booked by the police in connection with the cancellation of a program of stand up comedian Kunal Kamra

The petitioner Mohan Gowda of Udupi, a member of the Hindu Rashtra Samanvaya Samithi, had earlier made a representation to the Whitefield police station stating that Kunal Kamra's comedy show could cause communal disharmony.

The show was scheduled to be held at Uru, located within the Whitefield Police Station limits. It was cancelled after a representation by Gowda, who then posted on Facebook claiming it to be a victory for Hindu unity.

Subsequently, the police registered a case against him suo motu over the social media post. He then moved the Court seeking quashing of the criminal case.

On August 28, the Court ordered the Deputy Commissioner of Police (DCP), the Assistant Commissioner of Police (ACP), and the Investigating Officer of the case to appear before the bench on August 29, Saturday.

When the matter was taken up on Saturday, the Court asked them why the Whitefield police station's actions were repeatedly coming into question in the proceedings before High Court. It referred to a judgment of a coordinate bench where the Whitefield police station was unable to produce CCTV records.

"Whitefield police station is become the subject in all the cases here. What is the problem? You are not bound by rule of law? (Asking the DCP) If you man the division is this the way you man it? Coordinate Bench writes there is no CCTV footage in the police station and you give a lame answer that there was no power, you work in darkness," the Court stated.

The Court went on to record in its order that the police station was repeatedly violating the guidelines laid by the Supreme Court.

"The acts of these particular policemen manning this police station has been subject matter of several proceedings before this Court or the coordinate benches of this Court where the Supreme Court's judgement is being violated with impunity," the Bench said.

The Court warned the DCP of a departmental inquiry and an adverse entry in his service record.

The Court said it was necessary to remind the police that they must exercise restraint in their actions.

"In a constitutional democracy governed by the rule of law, the police are not law unto themselves. They are as much subject to law as a citizen against whom they act. Power to arrest cannot become an instrument of oppression. The uniform that an ordinary man would wear to become a policeman would not confer authority and immunity from constitutional discipline," the Court said.

Advocate Girish Bharadwaj appeared for petitioner Mohan Gowda.

State Public Prosecutor BN Jagadeesha appeared for the State and police personnel.