Karnataka HC pulls up DCP (Whitefield) for illegal arrest, detention; directs DG&IGP to caution police across ranks against such acts
Justice M. Nagaprasanna issued the directions on a petition filed by Mohan Gowda of Hindu Rashtra Samanvaya Samithi.
On August 29, the High Court of Karnataka reprimanded Whitefield Deputy Commissioner of Police (DCP) Saidulu Adavath for repeatedly breaching citizens' personal liberties. The court inquired about the unlawful arrest and detention of individuals by police, despite the apex court's judgments and the police chief's presence. The court ordered the Director-General and Inspector General of Police to issue directives to police, warning them that illegal arrest and detention would result in disciplinary action, regardless of rank.
Additionally, the court mandated exemplary costs for such incidents when brought to the court's notice.
Justice M. Nagaprasanna issued these directions in response to a petition filed by Mohan Gowda of Hindu Rashtra Samanvaya Samithi. The Whitefield police had initiated an investigation against Gowda for publishing a Facebook post celebrating the cancellation of a show by stand-up comedian Kunal Kamra. The post referred to the cancellation as a "victory for Hindu unity" as the Hindu group had raised concerns about the show's location in Whitefield.
On August 4 at 2 a.m., the police registered a case against Gowda, who was subsequently taken to Whitefield a day later by two sub-inspectors and two constables. The court noted that this occurred while Gowda was already in their custody. The High Court also observed that the police took action without a formal complaint, allegedly "imagining disharmony overnight," which they claimed went against a ruling by the Telangana High Court in the Nalla Balu case.
The court questioned DCP Adavath on his illegal detention, to which he claimed that the petitioner voluntarily traveled to the police station in his personal car. His defense was met with skepticism from the court, which pointed out that a notice had granted him three days to appear before them. The court had previously imposed a ₹3 lakh fine on DCP Adavath and ACP (Whitefield division) for unlawfully arresting a man in a civil dispute case.
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