Seemanth could face action for non-execution of warrants against Reddy

August 25, 2011

seemant

Mangalore, August 25: Seemanth Kumar Singh, the Mangalore City Police Commissioner, could face disciplinary action for failing to execute non-bailable warrant against Janardhana Reddy when he was serving as the Superintendent of police in Bellary district.

The State Government on Wednesday informed the Karnataka High Court that nine police personnel — from the rank of constable to Director-General and Inspector-General of Police — had failed to ensure serving of summons and warrants issued by the magistrate court in Sandur to the then Minister G. Janardhan Reddy in 2010.

The Government also undertook to suspend all the officers responsible and initiate action against them while admitting that the Bellary police had given false reports to the trial court that Mr. Reddy was “out of station” or “on tour” on at least eight occasions, even though Mr. Reddy was present in Bellary.

Inquiry report

Principal Secretary, Home Department, S.M. Jaamdar, who submitted the inquiry report as directed by the court, gave an undertaking in this regard to a Division Bench comprising Chief Justice J.S. Khehar and Justice Ashok B. Hinchigeri during the hearing on a public interest litigation petition filed by advocate G.R. Mohan.

Action recommended

The Principal Secretary has recommended action against the then Director-General and Inspector-General of Police (DG&IGP) Ajai Kumar Singh, IGP (Eastern Range) Seemanth Kumar Singh, H.N.S. Rao, The then Bellary Superintendent of Police (SP) M.N. Nagaraj, then Additional SP (Bellary) Ashok Kerur, then Deputy SP (Kudligi) H.Y. Turai, then Sandur Circle Police Inspector Y.H. Ramakanth, then Toranagal Sub-Inspector M. Umesh and constable C. Suryanarayana.

'Collective failure'

In his report, Mr. Jaamdar said, “This is a typical and serious case of the collective failure of the police from top to bottom to execute warrants issued by a court dealing with criminal cases. Each has tried to pass the buck on to others either above or below, simply because they were obviously aware and afraid of the consequences of enforcing the law against a powerful Minister in the State Cabinet, who was accused in a criminal case.”

Referring to the inaction of senior police officers, the report stated that “they chose to turn a deaf ear and blind eye to the judicial process and put the onus on powerless and helpless constables and the Police Sub-Inspector. Obviously driven to the wall, the helpless constable went on filing false reports to the court about Accused No. 2 (Reddy) not being in the district headquarters.”

The report finds that SP Nagaraj's claims that “he was not aware of media reports on non-execution of warrants and there was no direction from higher-ups in this regard” were false as the IGP (Eastern Range) and the DG-IGP did ask him about the issue on noticing media reports.

It has been stated in the report that Mr. Rao and Mr. Singh (who retired in January) should have taken steps — in writing or by sending an officer from their office — to ensure execution of warrant after they noticed reports in the media.


Additional Advocate-General K.M. Nataraj said the Government would post police personnel at the courts within a month.

He also informed the court that the Government would draw up specific duties and responsibilities for the personnel posted to the courts for effective execution of summons and warrants to the accused, and to ensure the presence of prosecution witnesses for the expeditious disposal of criminal trials.

The undertaking was given following a direction issued by the court to the Government to ensure that the failure to serve summons and warrants to Mr. Reddy by the police should not recur.

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News Network
May 10,2020

Karwar: The number of Covid-19 patients in Uttara Kannada district has gone up to 39 with seven more persons from Bhatkal testing positive for the virus on Sunday.

These seven persons include five men and two women. Among them, the youngest is 15 years and the eldest is 60 years. Rest of the patients are 50, 21, 16, 42, and 31 years old, a health bulletin said. All the new seven cases are contacts of the eight persons who were found positive on Saturday.

Of the new cases, one is an auto-rickshaw driver who had reportedly transported one of the patients. Now the administration is collecting the details of the driver’s journeys and the persons who had travelled in his auto-rickshaw. It is said that some of these persons who were confirmed positive on Sunday had travelled to Udupi and moved around in Bhatkal town to buy medicine.

The pressure on the administration is increasing with new positive cases being detected in Bhatkal town every day. After the first 11 cases, there were no new cases for 20 days. However, since Friday, there is sudden spike in the number of new cases in Bhatkal town.

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News Network
May 28,2020

Bengaluru, May 28: A thousand government schools in Karnataka are set to get Englishmedium sections from this academic year (2020-21). These institutions will function in both English and Kannada medium.

The decision was taken by primary and secondary education minister S Suresh Kumar and officials of the education department at a meeting on Wednesday.

Suresh Kumar said dualmedium will help improve the standard of schools and enable their development. The poorest of the poor spend almost 40% of their income on their children’s education in private schools. With the introduction of dual-medium, the government hopes such families will be able to save their earnings, he said. These schools will impart lessons in both English and Kannada. They will also provide textbooks in both languages.

‘Kannada must for all’

The meeting reviewed implementation of the compulsory Kannada Language Learning Act, 2015. Officials from the Kannada Development Authority were present at the meeting who claimed that some private schools have failed to implement the Act properly.

“Action will be taken against such institutions. Every child studying in schools across the state must learn Kannada,” Kumar said at the meeting.

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News Network
February 19,2020

Bengaluru, Feb 19: Pointing out that there was a deliberate attempt to cover up police excesses by implicating innocent persons at whim, the Karnataka High Court on Tuesday granted conditional bail to 21 people who were accused by police of involving in violence during the protests against the Citizenship Amendment Act (CAA) in Mangaluru.

Allowing the bail petitions of Ashik and 20 others from Udupi and Dakshina Kannada districts, Justice John Michael Cunha said the overzealousness of the police is also evident from the fact that FIRs were registered under Section 307 of IPC against the persons killed by the police themselves.

“In an offence involving a large number of people, the identity and participation of each accused must be fixed with reasonable certainty. In the present cases, the identity appears to have been fixed on the basis of their affiliation to PFI and they being members of the Muslim community. Though it is stated that the involvement of the petitioners is captured in CCTV footage and photographs, no such material is produced before the court showing the presence of any of the petitioners at the spot, armed with deadly weapons,” the judge noted.

In the statement of objections filed by the State Public Prosecutor-I, it was stated that there was a hint of Muslim youths holding protest on December 19, 2019, opposing the implementation of CAA. Prohibitory orders were clamped in that connection. This assertion indicated that the common object of the assembly was to oppose the implementation of CAA and National Register for Citizens (NRC) which, by itself, was not an “unlawful object”, the judge pointed out.

‘Pics show cops throwing stones at crowd’

Justice Cunha also said the material collected by the investigators did not contain any specific evidence regarding the presence of any of the petitioners at the spot. On the other hand, omnibus allegations were made against the Muslim crowd of 1,500-2,000, alleging that they were armed with weapons like stones, soda bottles and glass pieces. The photographs produced by the SPP depicted that hardly any member of the crowd were armed with weapons, except one of them holding a bottle. In none of these photographs, police station or policemen were seen in the vicinity, the judge noted.

“On the other hand, photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd. The petitioners have produced copies of the complaints lodged by the dependants of the deceased who died due to police firing and the endorsement made thereon reveals that even though the law required the police to register independent FIRs in view of the specific complaint made against the police officers making out cognizable offences, the police have failed to register FIRs. This goes to show that a deliberate attempt is underway to cover up police excesses by implicating innocent persons at the whims and caprice of the police,” the judge observed.

In the wake of counter-allegations against the police and in the backdrop of their failure to register FIRs based on complaints lodged by the families of victims, the possibility of false and mistaken implication could not be ruled out, the judge said. In these circumstances, it would be a travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and police. The records indicate that a deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence. None of the petitioners have any criminal antecedents, the court said.

“The allegations levelled against the petitioners are not punishable with death or imprisonment for life. There is no direct evidence to connect them with the alleged offence. The investigation appears to be malafide and partisan. In the circumstances, in order to protect the rights and liberties of the petitioners, it is necessary to admit them to bail,” the judge said.

The petitioners were arrested and remanded in judicial custody after the anti-CAA protests on charges of being members of an unlawful assembly, armed with lethal weapons, attempting to set fire to the North Police Station in Mangaluru, obstructing the police from discharging their duties and causing damage to public property, etc., on December 19 in violation of the prohibitory orders. They moved the High Court as their bail pleas had been rejected by a sessions court in Dakshina Kannada.

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