Karnataka High Court Criticizes Police for Arrest Over Facebook Post
The Karnataka High Court recently issued a strong reprimand to the Deputy Commissioner of Bengaluru Police concerning the arrest of a Hindutva leader, Mohan Gowda, following his Facebook post that celebrated the cancellation of comedian Kunal Kamra’s event in Bengaluru. This development arose from the case Mohan Gowda v. State of Karnataka.
Judicial Observations on Police Conduct
Justice M Nagaprasanna of the Karnataka High Court expressed concern over the police’s actions, which were based on presumed threats of disharmony due to Gowda’s post. “The police constable from the Whitefield Police Station expressed unfounded concerns about disharmony overnight, attributing it to the petitioner’s post, which hailed the cancellation as a victory for Hindu unity,” observed Justice Nagaprasanna.
Pattern of Arrests Before Scheduled Appearances
The court noted a troubling pattern of behavior by the Whitefield Police Station, which involved issuing notices to individuals to appear for questioning, only to arrest them before the scheduled date. “The Whitefield Police Station appears to have repeatedly violated the law, as this Court frequently encounters such violations. A notice specifying a later appearance date was used to arrest the petitioner three days prior to the actual date,” the court remarked.
Previous Criticism of Police Practices
Justice Nagaprasanna had previously criticized the Whitefield police in a separate case involving a similar modus operandi, where the arrest of an individual was deemed illegal, resulting in a ₹3 lakh fine imposed on the police.
Details of the Current Case
In the current case, Mohan Gowda, a member of ‘Hindu Rashtra Samanvaya Samithi’, had earlier raised concerns with the Whitefield police about potential communal disharmony due to Kunal Kamra’s comedy show scheduled at Uru, a venue within the jurisdiction of the Whitefield Police Station. The show was subsequently canceled, and Gowda’s celebratory Facebook post followed.
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The police registered an FIR against Gowda under Sections 217 and 353 of the Bharatiya Nayaya Sanhita (BNS), citing false information and public mischief. A notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was issued on August 5, requesting Gowda to appear within three days. Despite this, the police traveled to Udupi to arrest him before the deadline.
Summoning of Police Officials
Gowda subsequently approached the High Court, leading to the summoning of the Deputy Commissioner of Police (DCP), Assistant Commissioner of Police (ACP), and the involved police constable to appear in court on August 29. The court warned that failure of the DCP to appear would result in summoning the Commissioner of Police. “If the DCP does not appear, this Court will summon the Commissioner to address this issue,” the court order stated.
