The Supreme Court has set aside the order of the Karnataka High Court directing the Home Secretary to keep Superintendent of Police Sharanappa S.D. and two police officers under suspension for failure to register a case of alleged land grabbing against a local leader.
In an order passed on November 29, the bench comprising of Justices V. Gopala Gowda and C. Nagappan said the July 30 direction of the High Court was “totally impermissible in law” and such orders should not be passed. Keeping officers under suspension was the domain of disciplinary authority and this should not have been exercised by the High Court Judge in exercise of the power under Section 482 of the Criminal Procedure Code, the order stated.
On a petition filed by Shashikala J. Shetty and Meera T. Shetty, High Court Judge Satyanarayana had passed the order directing the Home Secretary to keep Mr. Sharanappa, Sub-Inspector Lingappa and Assistant Sub-Inspector attached to Belthangady Police Station under suspension till charge-sheet was filed in a land-grab case by the petitioners.
Mr. Sharanappa told reporters on Monday that he secured permission of the State government and filed a petition before the Supreme Court. Another petition was filed by Mr. Lingappa. The Supreme Court on September 26 had stayed the High Court order.
Mr. Sharanappa said the complaint with the Belthangady police filed by Ms. Shashikala and Ms. Meera against Mahesh Shetty Thimrody accusing him of trespassing on their land in Ujire had been transferred to the Mangaluru Police Commissionerate.