The High Court of Karnataka on Wednesday made it clear that it cannot direct the police to arrest the accused persons either in the complaint lodged by an advocate against police personnel for allegedly assaulting or in the counter complaints lodged by the police against him and other advocates in connection with the recent case of clash between the lawyers and the police in Chikkamagaluru.
Pointing out that it is the prerogative of the investigation officer of the Criminal Investigation Department (CID), to whom the probe has been transferred from the Chikkamagaluru police, the court said that it would be contrary to law if it accepted the plea of the Advocate Association, Bengaluru, to issue direction to arrest the six accused police.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit made these observations while disposing of the PIL petition, which the court had suo motu initiated on December 1 by taking cognisance of November 30 incident of alleged assault on an advocate, Preetam, by the police inside the police station in Chikkamagaluru following arguments over traffic rule violation.
Acted promptly
Observing that the court is satisfied with the prompt action taken by the State government by transferring the probe to the CID, the Bench said that it cannot issue any direction on investigation as the probe on the First Information Reports is at preliminary stage and the advocates have not placed any material to show that there is delay in conducting investigation.
