Karnataka High Court
Advocate'S Association Bangalore vs Government Of Karnataka on 29 November, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:43559
WP No. 2200 of 2016
C/W WP No. 47539 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 2200 OF 2016 (GM-RES)
C/W
WRIT PETITION NO. 47539 OF 2015 (GM-POLICE)
IN W.P. NO.2200 OF 2016:
BETWEEN:
1. SRI SUBBA REDDY
S/O K NANJAREDDY
AGED ABOUT 80 YEARS,
R/AT LAKKASANDRA
WILSON GARDEN
BANGALORE-560 030.
2. SRI A P RANGANATH
S/O R PADBANABA
AGED ABOUT 43 YEARS,
RESIDING AT AGARA VILLAGE
THATAGUNI POST, BANGALORE SOUTH
Digitally signed by B
K BANGALORE-560 062.
MAHENDRAKUMAR
Location: HIGH ...PETITIONERS
COURT OF
KARNATAKA (BY SRI. S.SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR
SRI. R.VYBHAV, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE CHIEF SECRETARY
HOME DEPARTMENT
GOVERNMENT OF KARNATAKA
VIDHAN SOUDHA
BANGALORE-01.
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C/W WP No. 47539 of 2015
2. SUPERINTENDENT OF POLICE
CENTRAL BUREAU OF INVESTIGATION
SPECIAL CRIMES BRANCH
'A' WIND, 3RD FLOOR, RAJAJI BHAVAN
BESANT NAGAR,
CHENNAI-600 090.
3. RAVIKANTHEGOWDA
S/O BESAGARAHALLI RAMANNA
AGED ABOUT 52 YEARS
DEPUTY INSPECTOR GENERAL OF POLICE
R/AT NO. 450, 5TH MAIN, 8TH CROSS
DOLLAR'S COLONY R.M.V.EXTENSION
BANGALORE.
4. G.R. RAMESH
S/O RANGASHAMAIAH
AGED ABOUT 47 YEARS
INSPECTOR OF POLICE CID
R/AT NO. 1854, 5TH
R.P.C LAYOUT, BANGALORE.
5. P.C. GACHINAKATTI
S/O SAVALIGEPPA
AGED MAJOR
ASSISTANT COMMISSIONER OF POLICE (RETD)
R/AT NO. 256 VASANT VALLABHNAGAR
NEAR CITY ENGINEERING COLLEGE
BANGALORE-560 061.
(R-3 TO R-5 COUSE TITLE AMMENDED VIDE COURT ORDER
DATED 4/11/2019)
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG AND
SRI KIRAN S JAWALI SPP A/W
SRI G.M. CHANDRASHERKAR, AGA FOR R-1;
SRI P. PRASANNA KUMAR, ADVOCATE FOR R-2;
SRI VIJAYA SHANKAR, SENIOR COUNSEL FOR
SRI JEEVAN J NEERALAGI, ADVOCARTE FOR R-3 TO R-5)
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WP No. 2200 of 2016
C/W WP No. 47539 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE CABINET DECISION DATED 25.05.2015 MADE
UNDER MEETING PROCEEDINGS BEARING NO.OE88 POSIPA
2015 HEADED BY HON'BLE CHIEF MINISTER OF KARNATAKA AT
ANNEXURE-A AND ETC.
IN W.P.NO.47539 OF 2015:
BETWEEN:
ADVOCATE'S ASSOCIATION BANGALORE
REPRESENTED BY ITS PRESIDENT,
SRI.H.C.SHIVARAM,
VAKALIGARA BUILDING,
CITY CIVIL COURT,
K.G.ROAD, GANDHINAGAR,
BANGALORE-560 009.
...PETITIONER
(BY SRI. MELANIE SEBASTIAN, ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA,
REPRESENTED BY THE CHIEF SECRETARY
HOME DEPARTMENT,
GOVERNMENT OF KARNATAKA.
2. SUPERINTENDENT OF POLICE,
CENTRAL BUREAU OF INVESTIGATION,
SPECIAL CRIMES BRANCH,
'A' WING, 3RD FLOOR, RAJAJI BHAVAN,
BESANT NAGAR,
CHENNAI - 600 090.
3. SRI RAVIKANTHE GOWDA, IPS,
S/O SRI DASAGARHALLI RAMANNA,
SUPERINTENDENT OF POLICE,
BELAGAVI DISTRICT, BELAGAVI - 590 016,
(THE THEN DCP, CENTRAL DN., BENGALURU)
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WP No. 2200 of 2016
C/W WP No. 47539 of 2015
4. SRI ASHOK KOTTI,
S/O SRI CHANNAMULLAPPA,
P.C. 1052 (OLD NO. 11154),
BAGALKOT TOWN POLICE STATION,
BAGALKOT DIST. - 587 101.
5. M.K. DEVAIAH,
S/O LATE M.N. KAARYAPPA,
HEAD CONSTABLE -159, I BATTALION,
KARNATAKA STATE RESERVE POLICE,
BENGALURU - 560 034.
6. SRI RAMAKRISHNA,
S/O SRI GIRIYAPPA,
HEAD CONSTABLE 472,
HALASURGATE P.S.
BENGALURU - 560 001
7. SRI M.M. SOMANNA,
S/O LATE M.D. MEDAPPA,
ARSI (THE THEN HC 68, I BATTALION,
KARNATAKA STATE RESERVE POLICE,
BENGALURU. NOW TRANSFERRED TO
6TH BATTALION, KSRP, GULBARGA-585 101.
8. SRI RAMAPPA,
S/O LATE VENKETASWAMY,
HEAD CONSTABLE-RETIRED
(THEN H.C.70, I BATTALION, KSRP,
RAGHU APPARTMENTS, VENKATAPURA,
BENGALURU- 560 034.
9. SRI P. MARIYAPPA,
S/O SRI PUTTAIAH,
HEAD CONSTABLE 157,
I BATTALION, KARNATAKA STATE RESERVE POLICE,
BENGALURU - 560 034
10. SRI A. MUNINARAYANAPPA,
S/O LATE APPAIAH,
HEAD CONSTABLE - RETIRED
(THEN HC 162, I BATTALION, KSRP),
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WP No. 2200 of 2016
C/W WP No. 47539 of 2015
NO.47, KAUDENAHALLI,
BENGALURU - 16.
11. SRI H.S. SHIVARAJU,
S/O LATE S. SHIVANNA,
POLICE CONSTABLE-431,
I BATTALION, KSRP,
BENGALURU - 25.
12. SRI S. MARISWAMY,
S/O SRI NANJUDAIAH,
POLICE CONSTABLE-14,
I BATTALION, KSRP,
BENGALURU- 25.
13. SRI M. ASHOK,
S/O SRI MALLESHAIAH,
POLICE CONSTABLE-187,
I BATTALION, KSRP,
BENGALURU -25.
14. SRI RAMAKRISHNA,
S/O SRI PONNAPPA,
POLICE CONSTABLE-207,
I BATTALION, KSRP,
BENGALURU -25.
15. SRI K.B. UDAYA KUMAR,
S/O LATE SRI BASAPPA,
POLICE CONSTABLE-633,
I BATTALION, KSRP,
BENGALURU -25.
16. SRI R. NARASHING GOWLI,
S/O LATE SRI RANOJIGOULI,
POLICE CONSTABLE-712,
I BATTALION, KSRP,
BENGALURU -25.
17. SRI K.B. SOMANNA,
S/O SRI BASAVALINGAPPA,
POLICE CONSTABLE 617,
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WP No. 2200 of 2016
C/W WP No. 47539 of 2015
I BATTALION, KSRP,
BENGALURU -25.
18. SRI G.R. RAMESH,
S/O SRI RANGASHAMAIAH,
POLICE INSPECTOR,
CHAMARAJPET POLICE STATION,
BENGALURU -18.
19. SRI MANJUNATHA,
S/O LATE SRI VENKATRAMANA,
RETIRED SUB INSPECTOR, (THEN ARSI)
3RD BATTALION, K.S.R.P.,
BENGALURU.
R/O DOOR NO. 90, PRAKASH REDDY LAYOUT,
OPP: IHMR, HULIMANGALA,
JIGNI HOBLI, ANEKAL TK,
BENGALURU SOUTH DISTRICT -560 105.
20. SRI ASHWATHNARAYANA,
S/O LATE SRI NARASIMAIAH,
HEAD CONSTABLE -02, 3RD BATTALION, KSRP,
DOOR NO.52, PALGUNA, 5TH BLOCK,
KSRP POLICE QUARTERS, KORAMANGALA,
BENGALURU - 34.
21. SRI K. BALAKRISHNA,
S/O LATE A.B. KRISHNACHARI,
HEAD CONSTABLE -148, 3RD BATTALION, KSRP,
R/O DOOR NO. 207, 18TH BLOCK,
HUDCO KSRP QTRS.
KORAMANGALA, BENGALURU-34.
22. SRI V. RAMACHANDRA,
S/O SRI VENKATAPPA, HEAD CONSTABLE -165,
3RD BATTALION, KSRP, BENGALURU,
R/O DOOR NO. 257, 22ND BLOCK,
HUDCO POLICE QUARTERS, KORAMANGALA,
BENGALURU - 34.
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23. SRI M. GOVINDARAJU,
S/O LATE SRI MUNIYAPPA,
HEAD CONSTABLE - 184,
3RD BATTALION, KSRP,
R/O DOOR NO. 13/8, VALMIKI NAGARA,
I CROS, 2ND MAIN, MYSORE ROAD,
BENGALURU -26.
24. SRI R. RAJAPPA
S/O LATE SRI R. T. RANGASWAMY,
HEAD CONSTABLE - 131, 3RD BATTALION,
KSRP, DOOR NO. 128, TUMKA SANKEERANA,
KORAMANGALA, BENGALURU -34.
25. SRI V. BAYYAPPA,
S/O SRI HANUMANTHAPPA,
HEAD CONSTABLE OOD, 3RD BATTALION, KSRP,
R/O DOOR NO. 82/7, AKSHAYANILAYA,
SG PALAYA, C.V. RAMANAGAR PO
BENGALURU -93.
26. SRI B.S. KARAJOLLA,
S/O LATE SRI SIDDARAMAPPA,
HEAD CONSTABLE, OOD,
3RD BATTALION, KSRP,
D.NO. 3, S-2 BLOCK, TUMKA COMPLEX,
KORAMANGALA, BENGALURU -34.
27. SRI D. S. GOVARDHANARAO,
S/O LATE SRI SUBBANARASHIMAIAH,
POLICE CONSTABLE -432,
3RD BATTALION, KSRP, R/O DOOR NO.5,
SOMESHWARA TEMPLE STREET,
HALASURU, BENGALURU - 560 008.
28. SRI D. MALLAPPA,
S/O SRI DEVAIAH,
POLICE CONSTABLE - 579, 3RD BATTALION, KSRP,
HOUSE NO.3/12, 26 HUDCO QUARTERS, KSRP
KORAMANGALA,
BENGALURU -34.
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WP No. 2200 of 2016
C/W WP No. 47539 of 2015
29. SRI G.S. MUNIRAJU,
S/O LATE SRI RAMAPPA,
POLICE CONSTABLE - 577,
3RD BATTALION, KSRP, R/O DOOR NO.279,
24TH BLOCK, HUDCO QUARTERS,
KORAMANGALA, BENGALURU-34.
30. SRI P.S. GACHINAKATTI,
S/O SRI SAVALIGEPPA,
RETIRED ASSISTANT COMMISSIONER OF POLICE
NO.256, VASANTHVALLABHANAGAR,
NEAR CITY ENGINEERING COLLEGE,
BANGALORE - 61.
31. SRI JAGADISH,
S/O SRI H.B. SHANKARAPPA,
(THEN P.I. BANASHANKARI P.S.)
NOW P.I. (CRIME), OFFICE OF THE I.G.P.,
CENTRAL RANGE, ENGALURU - 52.
32. SRI M.D. SIDDESH,
S/O SRI M. DEVENDRAPPA,
P.S.I.,GANDHINAGAR POLICE STATION,
DAVANAGERE - 577 005.
33. SRI K.R. RAGHU,
S/O SRI RUDREGOWDA,
P.S.I., DCIB, OFFICE OF THE SP
CHIKKAMAGALUR DT.- 577 101
(EARLIER PSI BALEHONNUR PS,
CHIKKAMAGALUR DISTRICT)
34. M.K. DEVAIAH,
S/O LATE M.N. KAARYAPPA,
HEAD CONSTABLE -159, I BATTALION,
KARNATAKA STATE RESERVE POLICE,
BENGALURU - 34.
35. SRI RAMAKRISHNA,
S/O SRI GIRIYAPPA,
HEAD CONSTABLE 472,
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WP No. 2200 of 2016
C/W WP No. 47539 of 2015
HALASURGATE P.S.
BENGALURU - 02.
36. SRI M.M. SOMANNA,
S/O LATE M.D. MEDAPPA,
ARSI (THE THEN HC 68, I BATTALION,
KARNATAKA STATE RESERVE POLICE,
BENGALURU - 34.( NOW TRANSFERRED TO
6TH BATTALION, KSRP, GULBARGA).
37. SRI RAMAPPA,
S/O LATE VENKETASWAMY,
HEAD CONSTABLE-RETIRED
(THEN H.C.70, I BATTALION, KSRP),
R/O RAGHU APPARTMENTS, VENKATAPURA,
BENGALURU - 34.
38. SRI P. MARIYAPPA,
S/O SRI PUTTAIAH,
HEAD CONSTABLE 157,
I BATTALION, KSRP,
BENGALURU -34.
39. SRI A. MUNINARAYANAPPA,
S/O LATE APPAIAH,
HEAD CONSTABLE - RETIRED
(THEN HC 162, I BATTALION, KSRP,
R/O NO. 47, KAUDENAHALLI,
BENGALURU-16.
40. SRI H.S. SHIVARAJU,
S/O LATE S. SHIVANNA,
POLICE CONSTABLE-431,
I BATTALION, KSRP,
BENGALURU - 25.
41. SRI S. MARISWAMY,
S/O SRI NANJUDAIAH,
POLICE CONSTABLE-14,
I BATTALION, KSRP,
BENGALURU - 25.
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42. SRI M. ASHOK,
S/O SRI MALLESHAIAH,
POLICE CONSTABLE-187,
I BATTALION, KSRP,
BENGALURU - 25.
43. SRI RAMAKRISHNA,
S/O SRI PONNAPPA,
POLICE CONSTABLE-207,
I BATTALION, KSRP,
BENGALURU -25.
44. SRI K.B. UDAYA KUMAR,
S/O LATE SRI BASAPPA,
POLICE CONSTABLE-633,
I BATTALION, KSRP,
BENGALURU -25.
45. SRI R. NARASHING GOWLI,
S/O LATE SRI RANOJIGOULI,
POLICE CONSTABLE-712,
I BATTALION, KSRP,
BENGALURU - 25
46. SRI K.B. SOMANNA,
S/O SRI BASAVALINGAPPA,
POLICE CONSTABLE 617,
I BATTALION, KSRP,
BENGALURU -25.
47. SRI SHIVAMALLAIAH,
S/O SRI BASAVARAJU,
HC 1992, HALSURGATE PS,
R/O NO. F-4, BLOCK NO. 1,
ANANDARAO POLICE QUARTERS
BENGALURU -09.
48. SRI Y.N.BOMMALINGEGOWDA,
S/O SRI NINGEGOWDA, ARSI (RETD.)
(THEN HC 136, 3RD BATTALION, KSRP,)
R/O DOOR NO.96/5, 2ND MAIN, 2ND CROSS,
2ND FLOOR, D GROUP LAYOUT,
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ANDHRA HALT MAIN ROAD,
BENGALURU -91.
49. SRI K.M. PUTTARAJU,
S/O LATE MANDAIAH,
HC 117, 3RD BATTALION, KSRP,
R/O NO. 496, 53 BLOCK,
PWD QUARTERS, KORAMANGALA,
BENGALURU-34.
50. SRI RACHANAIK,
S/O SRI RAMNAIK,
HC 75, 3RD BATTALION, KSRP,
R/O NO. 150, M BLOCK,
TUNGASANKEERA KSRP QUARTERS,
KORAMANGALA, BENGALURU - 34.
51. SRI G.GOVINDA NAIK,
S/O LATE GAVIYANAIK,
HC 55, 3RD BATTALION, KSRP,
R/O DOOR NO.148, BLOCK NO. 13,
HUDCO QUARTERS, KORAMANGALA,
BENGALURU - 34.
52. SRI M. RANGANATHA,
S/O LATE MUTHULINGAPPA,
HC-OOD, 3RD BATTALION, KSRP,
R/O DOOR NO. 58, 4TH CROSS, I MAIN,
AD BLOCK SRI RAMPURA,
BENGALURU -51.
53. SRI K.V. CHANDREGOWDA,
S/O SRI N.V. VEERABHADRAIAH,
HC-OOD, 3RD BATTALION, KSRP,
NO. 35, VD EXTENSION, 4TH CROSS,
KR PURAM, BENGALURU - 34.
54. SRI H. NAGARAJU,
S/O HUCHAIAH,
PC 63, 3RD BATTALION KSRP,
R/O DOOR NO.467, BLOCK NO.50,
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PWD QUARTERS, KORAMANGALA,
BENGALURU - 34.
55. SRI R. MAHADEVAIAH,
S/O LATE SRI RANGASWAMAIAH,
PC 89, 3RD BATTALION KSRP,
R/O DOOR NO.51, 2ND BLOCK,
TYAGARAJANAGARA, BENGALURU - 28.
56. SRI R. GOVINDA REDDY,
S/O SRI RAMAPPA,
PC 81, 3RD BATTALION, KSRP,
R/O DOOR NO. 37, BRHMAPUTRA COMPLEX,
BLOCK NO.4, KORAMANGALA,
BENGALURU -34.
57. SRI S. NARAYANAPPA,
S/O SRI SANNARANGAIAH,
PC 149, 3RDBATTALION,KSRP,
R/O DOOR NO. 106, 4TH CROSS, E BLOCK,
TUNKA COMPLEX, KORAMANGALA,
BENGALURU - 34.
58. SRI S.E. SHIVAKUMAR,
S/O SRI ESHWARAPPA, PC 389,
3RD BATTALION, KSRP,
R/O NO.231, T BLOCK, TUNGASANKEERNA,
KSRP QUARTERS, KORAMANGALA,
BENGALURU - 34
59. SRI MANJUNATHA,
S/O LATE SRI VENKATRAMANA,
RETIRED SUB INSPECTOR, (THEN ARSI)
3RD BATTALION, K.S.R.P., BENGALURU.
R/O DOOR NO. 90, PRAKASH REDDY LAYOUT,
OPP: IHMR, HULIMANGALA,
JIGNIHOBLI, ANEKAL TK.,
BENGALURU SOUTH DISTRICT -560 105.
60. SRI ASHWATHNARAYANA,
S/O LATE SRI NARASIMAIAH,
HEAD CONSTABLE -02, 3RD BATTALION, KSRP,
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DOOR NO.52, PALGUNA, 5TH BLOCK,
KSRP POLICE QUARTERS, KORAMANGALA,
BENGALURU - 34.
61. SRI K. BALAKRISHNA,
S/O LATE A.B. KRISHNACHARI,
HEAD CONSTABLE -148, 3RD BATTALION, KSRP.
R/O DOOR NO. 207, 18TH BLOCK, HUDCO KSRP QTRS.
KORAMANGALA,
BENGALURU - 34.
62. SRI V. RAMACHANDRA,
S/O SRI VENKATAPPA, HEAD CONSTABLE -165,
3RD BATTALION, KSRP, BENGALURU,
R/O DOOR NO. 257, 22ND BLOCK,
HUDCO POLICE QUARTERS, KORAMANGALA,
BENGALURU - 34.
63. SRI M. GOVINDARAJU,
S/O LATE SRI MUNIYAPPA,
HEAD CONSTABLE - 184, 3RD BATTALION, KSRP,
R/O DOOR NO. 13/8, VALMIKINAGARA,
I CROSS, 2ND MAIN, MYSORE ROAD,
BENGALURU -26.
64. SRI R. RAJAPPA
S/O LATE SRI R. T. RANGASWAMY,
HEAD CONSTABLE - 131, 3RD BATTALION, KSRP,
DOOR NO. 128, TUMKASANKEERANA,
KORAMANGALA, BENGALURU -560 034.
65. SRI V. BAYYAPPA,
S/O SRI HANUMANTHAPPA,
HEAD CONSTABLE OOD, 3RD BATTALION, KSRP,
R/O DOOR NO. 82/7, AKSHAYANILAYA,
SG PALAYA, C.V. RAMANAGAR PO,
BENGALURU -93.
66. SRI B.S. KARAJOLLA,
S/O LATE SRI SIDDARAMAPPA,
HEAD CONSTABLE, OOD, 3RD BATTALION,
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KSRP, D.NO. 3, S-2 BLOCK, TUMKA COMPLEX,
KORAMANGALA, BENGALURU -560 034.
67. SRI D. S. GOVARDHANARAO,
S/O LATE SRI SUBBANARASHIMAIAH,
POLICE CONSTABLE -432, 3RD BATTALION, KSRP,
R/O DOOR NO.5, SOMESHWARA TEMPLE STREET,
HALASURU, BENGALURU - 560 008.
68. SRI D. MALLAPPA, S/O SRI DEVAIAH,
POLICE CONSTABLE - 579, 3RD BATTALION, KSRP,
HOUSE NO.3/12, 26 HUDCO QUARTERS, KSRP
KORAMANGALA,BENGALURU -560 034.
69. SRI G.S. MUNIRAJU,
S/O LATE SRI RAMAPPA,
POLICE CONSTABLE - 577,
3RD BATTALION, KSRP,
R/O DOOR NO.279, 24TH BLOCK,
HUDCO QUARTERS,
KORAMANGALA, BENGALURU - 560 034.
70. SRI RAVIKANTHE GOWDA, IPS,
S/O SRI DASAGARHALLI RAMANNA,
SUPERINTENDENT OF POLICE,
BELAGAVI DISTRICT, BELAGAVI - 590 016,
(THE THEN DCP, CENTRAL DN., BENGALURU)
71. SRI P. SIDDARAMU,
S/O SRI PITTAIAHRAMANA,
HEAD CONSTABLE -87, 4TH BATALLION, KSRP,
KORAMANGALA, BENGALURU - 560 034.
72. SRI RAMEGOWDA,
S/O LATE ANKE GOWDA,
HEAD CONSTABLE -19, 4TH BATALLION, KSRP,
BENGALURU - 560 034.
73. SRI D.A. MUDRI,
S/O LATE ANNABHAT MUDRI,
HEAD CONSTABLE - 134,
4TH BATALLION, HQ- KSRP,
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KORAMANGALA, BENGALURU - 560 034.
74. SRI P.V. SHABNIS,
S/O LATE VENKATARAO,
HEAD CONSTABLE - 143,
4TH BATALLION, 'A', KSRP,
KORAMANGALA, BENGALURU - 560 034.
75. SRI K.C. RAVISHANKAR,
S/O LATE CHIKKARANGAPPA,
HEAD CONSTABLE - 123,
4TH BATALLION, 'HQ' KSRP,
KORAMANGALA, BENGALURU - 560 034.
76. SRI B.H. MURTHY,
S/O LATE J.M. HANUMANTHAPPA,
HEAD CONSTABLE - 102,
4TH BATALLION, 'HQ' KSRP, KORAMANGALA,
BENGALURU - 560 034.
77. SRI HUCCHAMASTAI,
S/O LATE MANCHAIAH,
HEAD CONSTABLE - 40, 4TH BATALLION, KSRP,
KORAMANGALA, BENGALURU - 560 034.
78. SRI K. RANGAIAH,
S/O MEDIYAPPA,
HEAD CONSTABLE - 07, 4TH BATALLION, KSRP,
KORAMANGALA, BENGALURU - 560 034.
79. SRI M.H. NADAF,
S/O SRI HUSSAIN SAHIB,
POLICE CONSTABLE - 457, 4TH BATALLION,
'F', KSRP, KORAMANGALA, BENGALURU - 560 034.
...RESPONDENTS
(BY SRI P.PRASANNA KUMAR, ADVOCATE FOR R-2;
SRI DHYAN CHINNAPPA, AAG A/W
SRI. G.M. CHANDRASHEKAR, AGA FOR R-1;
SRI S. VIJAYA SHANKAR, SENIOR COUNSEL FOR
SRI G.K. BEKAL, ADVOCATE FOR R-3 TO R-79)
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WP No. 2200 of 2016
C/W WP No. 47539 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER AT ANNEX-E1 PASSED BY THE R-1 AND
DIRECT THE R-1 TO RECONSIDER THE REPRESENTATION OF
THE R-2 IN THE LIGHT OF THE GUIDELINES THAT THIS
HON'BLE COURT MAY ISSUE OR ALTERNATIVELY DIRECT THE
R-1 TO ACCORD SANCTION TO THE R-2 TO PROSECUTE THE
ACCUSED IN THE FOUR CHARGE SHEETS, WHICH ARE
PRODUCED SEPARATELY AT ANNEXURE-A, B, C AND D.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
ON 21.04.2023 FOR ORDERS AND COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
Since the challenge in these petitions is to the decision
dated 25.5.2015 in WP No.2200/2016 at Annexure-A taken by
the Cabinet and the order dated 28.5.2015 in WP
No.47539/2015 at Annexure-E1 passed by the under Secretary
to the Government, Home Department Police Services - A, they
are taken up together, heard and disposed of.
2. By the impugned order, the State Government
rejected the request of the Central Bureau of Investigation (for
short `CBI') to grant sanction to prosecute the police personnel
as stated under Section 197 of Cr.PC and Section 170 of the
Karnataka Police Act, 1963.
3. The Superintendent of Police, CBI, Chennai
submitted the charge sheet in five FIRs registered against the
police. The Director General and Inspector General of Police
(for short `DG & IGP') was requested to furnish his opinion on
the request of the CBI to accord sanction to prosecute. The DG
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and IGP vide communication dated 1.4.2015 submitted his
opinion on the request of the CBI to accord sanction to
prosecute.
4. The cabinet in its meeting held on 25.5.2015
rejected the request to grant sanction to prosecute. In light of
the decision of the cabinet, the 1st respondent passed the
impugned order stating that the action of the police personnel
on 2.3.2012 was within the scope and range of their official
duties, and therefore, they are entitled for protection under
Sections 132 and 197 of Cr.PC.
5. Sri Shashikiran Shetty, learned Senior Counsel for
the former office bearers of the AAB and the learned members
of the AAB would make the following submissions:
i) Sanctioning Authority to examine the materials
furnished by the Investigating Agency including
FIR, Statement of Witnesses, Mahazars, recovery
memo, draft charge sheet.
ii) Sanction order has to disclose application of mind.
iii) The order of Sanction must ex-facie disclose that
the sanctioning authority has considered the
evidence and other material placed before it.
iv) Sanctioning authority has to apply its own
independent mind for the generation of genuine
satisfaction whether prosecution has to be
sanctioned or not. The mind of the sanctioning
authority should not be under pressure from any
quarter nor should any external force be acting
upon it to take a decision one way or the other.
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v) Necessary materials collected during investigation
constituting the offence have to be placed before
the Sanctioning Authority.
vi) Legality of the order granted sanction would be
subject to review by the criminal courts. An order
refusing grant of sanction may attract judicial
review by the superior courts.
6. In support, he places reliance on the decision of the
Hon'ble Supreme Court in the case of CBI -vs- Ashok Kumar
Agarwal in Crl.A.No.1838/2013 (DD on 22.12.2013) para-8:
a) The sanction to prosecute was sought against
the police personnel who come under various categories
including the personnel who belong to Groups-A & B
category. Therefore, the impugned order passed is in
violation of mandatory provisions contained in the
Karnataka Transaction of Business Rules, 1977.
7. Sri Vijayashankar, learned Senior Counsel for the
respondent - police personnel would make the following
submissions:
a) The State Government after perusing all the
charge sheet materials have come to a conclusion that
prima facie the police personnel have acted in discharge
of their official duties and are entitled for protection
against the prosecution under Section 197 of Cr.PC and
Section 170 of K P Act.
b) It is settled law that the judicial review is
limited to examining the decision making process and not
the decision arrived at by the Authority concerned. No
fault can be found with a decision making process for the
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reason that the State Government has come to the
conclusion based on the materials on record.
c) The grant or refusal of sanction is not a quasi-
judicial function, it is an administrative act. The State
Government has communicated its decision to the CBI
which is the prosecuting agency and the CBI has
accepted the decision. Therefore, the petitioners who are
the informants have no locus standi to challenge the
decision of the State Government.
d) The Karnataka Government (Transaction of
Business) Rules, 1977 was enacted in exercise of the
powers conferred under Clauses 2 and 3 of Article 166 of
the Constitution of India. Therefore, the provisions
contained in the said Rules are directory and not
mandatory, and the decision of the Government cannot
be said to be vitiated for non-compliance of the said
Rules. In support, a reliance is placed on the decision of
the Hon'ble Supreme Court in the case of the State of
Bihar and another -vs- Sunny Prakash and others (2013)
3 SCC 559 (para-19 and 20).
8. Sri Dhyan Chinnappa, learned AAG for the State
would submit as follows:
a) The decision was taken by the cabinet after
scrutinizing all the relevant charge sheet material and
also the opinion furnished by the DG and IGP which
satisfy the requirement of Section 197 of Cr.PC and also
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the provisions contained in the Karnataka Government
(Transaction of Business) Rules, 1977.
b) The impugned order is based on the decision
of the cabinet and also the opinion furnished by the DG
and IGP.
9. After examining the submissions of the learned
counsel for the parties, the crucial point that arises for
consideration is, whether the order passed by the State
Government refusing to grant sanction to prosecute the
respondent - police personnel satisfy the requirement of
Section 197 of Cr.PC and the provisions contained in the Rules,
1977.
10. Before delving in the matter at hand, it is pertinent
to cite the relevant provisions of law and the legal principles
established by the Hon'ble Supreme Court and this Court with
reference to the said provisions.
Section 197 of Cr.PC reads as follows:
"Section 197 of Code Of Criminal Procedure, 1973:
197. Prosecution of Judges and public servants.
(1) When any person who is or was a Judge or
Magistrate or a public servant not removable from
his office save by or with the sanction of the
Government is accused of any offence alleged to
have been committed by him while acting or
purporting to act in the discharge of his official
duty, no Court shall take cognizance of such offence
except with the previous sanction-
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(a) in the case of a person who is employed or,
as the case may be, was at the time of commission
of the alleged offence employed, in connection with
the affairs of the Union, of the Central Government;
(b) in the case of a person who is employed or,
as the case may be, was at the time of commission
of the alleged offence employed, in connection with
the affairs of a State, of the State Government:
Provided that where the alleged offence was
committed by a person referred to in clause (b)
during the period while a Proclamation issued under
clause (1) of article 356 of the Constitution was in
force in a State, clause (b) will apply as if for the
expression" State Government" occurring therein,
the expression" Central Government" were
substituted.
[Explanation: For the removal of doubts it is
hereby declared that no sanction shall be required
in case of a public servant accused of any offence
alleged to have been committed under section
166A, section 166B, section 354, section 354A,
section 354B, section 354C, section 354D, section
370, section 375, section 376, [section 376A,
section 376AB, section 376C, section 376D, section
376DA, section 376DB] or section 509 of the Indian
Penal Code (45 of 1869)]
(2) No Court shall take cognizance of any
offence alleged to have been committed by any
member of the Armed Forces of the Union while
acting or purporting to act in the discharge of his
official duty, except with the previous sanction of
the Central Government.
(3) The State Government may, by
notification, direct that the provisions of sub-
section (2) shall apply to such class or category of
the members of the Forces charged with the
maintenance of public order as may be specified
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therein, wherever they may be serving, and
thereupon the provisions of that sub- section will
apply as if for the expression" Central Government"
occurring therein, the expression" State
Government" were substituted.
3(A) Notwithstanding anything contained in
sub- section (3), no court shall take cognizance of
any offence, alleged to have been committed by
any member of the Forces charged with the
maintenance of public order in a State while acting
or purporting to act in the discharge of his official
duty during the period while a Proclamation issued
under clause (1) of article 356 of the Constitution
was in force therein, except with the previous
sanction of the Central Government.
(3B) Notwithstanding anything to the
contrary contained in this Code or any other law, it
is hereby declared that any sanction accorded by
the State Government or any cognizance taken by a
court upon such sanction, during the period
commencing on the 20th day of August, 1991 and
ending with the date immediately preceding the
date on which the Code of Criminal Procedure
(Amendment) Act, 1991, receives the assent of the
President, with respect to an offence alleged to
have been committed during the period while a
Proclamation issued under clause (1) of article 356
of the Constitution was in force in the State, shall
be invalid and it shall be competent for the Central
Government in such matter to accord sanction and
for the court to take cognizance thereon.]
(4) The Central Government or the State
Government, as the case may be, may determine
the person by whom, the manner in which, and the
offence or offences for which, the prosecution of
such Judge, Magistrate or public servant is to be
conducted, and may specify the Court before which
the trial is to be held."
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11. Rule 20(1)(a)of the Rules,1977, specifies that all
cases specified under Schedule I to these Rules shall be
brought before the Cabinet after submission to the Minister-in-
charge.
12. Schedule I of the Transaction Rules, 1977 at item
No.23 deals with the proposals for dismissal, removal or
compulsory retirement under Article 311 [holding post in
Group-A or Group-B] [except those, for imposing the penalties
of dismissal, removal or compulsory retirement in accordance
with the Karnataka Civil Services (Classification Control and
Appeal) Rules, 1957, for an established charge of unauthorized
absence].
13. Rule 21 of the Transaction Rules 1977, specifies
that subject to the provision of Rule 20, all cases specified in
Schedule I to these Rules shall be brought before the Cabinet.
14. Rule 23 of the Transaction Rules, 1977 deals with
the procedure for placing the cases before the Cabinet.
15. Rule 27 of the Transaction Rules, 1977 deals with
the meeting of the Cabinet as directed by the Chief Minister.
16. Rule 28 of the Transaction Rules, 1977 specifies
that the Chief Minister or, in his absence, any other Cabinet
Minister, nominated by him, shall preside at a meeting of the
Cabinet.
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17. Rule 29 of the Transaction Rules, 1977 specifies
that, when a case has been decided by the Cabinet, the
Secretary of the Department shall take action to give effect to
the decision. Sub-rule (2) of Rule 29 of the Transaction Rules,
1977 specifies that, the decision of the Cabinet relating to each
case, shall be separately recorded and shall be placed with the
record of the case. An extract of the decision shall be sent to
the Secretary of the Department concerned for necessary
action.
18. The Hon'ble Supreme Court in the case of MRF
Limited -vs- Manohar Parikar and others (2010) 11 SCC 374
has held that Articles 166(1) and (2) are directory and Article
166(3) is mandatory reason being that the council of Ministers
which is under duty to render aid and advice to the Governor
and Article 166(3) and the Chief Minister who is duty bound to
furnish information to the Governor and Article 167 cannot be
bypassed by an individual Minister in violation of Karnataka
Government (Transaction of Business) Rules, 1977.
19. The Hon'ble Supreme Court in the case of State of
Bihar and others -vs- Sunny Prakash and others (2013) 3 SCC
21 has held that Article 166 is only directory and not
mandatory. However, this decision was rendered without
reference to the decision in the case of MRF Ltd. (supra).
20. The Hon'ble Supreme Court in the case of Lalaram
and others -vs- Jaipur Development Authority and another
reiterating the legal principles established in the case of MRF
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Ltd. (supra) has held that Article 166(1) and (2) is not
mandatory whereas Article 166(3) is mandatory.
21. The Hon'ble Supreme Court in the case of Vijay
Rajmohan -vs- Central Bureau of Investigation (Anti Corruption
Branch) (2023) 1 SCC 329 at para 18.1 has held as follows:
"18.1. Section 197 Cr.PC provides a
mandatory requirement of sanction for the
prosecution of Judges, magistrates, and public
servants. While interpreting this provision, this
Court has identified two principles, which are that,
(a) there must be relevant materials placed before
the sanctioning authority before it takes a decision;
and (b) the decision of the sanctioning authority
must itself indicate that it had applied its mind
before granting sanction. It is in this context that
the judgment of this Court in Mansukhlal must be
understood [Section 197 CrPC]"
22. The Hon'ble Supreme Court in the case of D
Devaraj -vs- Owais Sabir Hussain (2020) 7 SCC 695 has held
that if the act alleged in the complaint purported to be filed
against the police men is reasonably connected to discharge or
some official duty, cognizance thereof cannot be taken unless
requisite sanction of the appropriate Government is obtained
under Section 197 of Cr.PC and/or Section 170 of Karnataka
Police Act.
23. The understanding derived from examining Section
197 of Cr.PC, Karnataka Government (Transaction of Business)
Rules, 1977 along with the legal principle established by the
Hon'ble Supreme Court associated with the said provision is
summarized as follows:
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24. The sanctioning Authority i.e., cabinet has to
independently assign reasons for refusing to grant sanction to
prosecute and the decision cannot be taken based solely on the
opinion furnished by the Department concerned.
25. The order refusing to grant sanction to prosecute
must be with application of mind and supported by reasons.
26. The Karnataka Government (Transaction of
Business) Rules, 1977 were framed in exercise of the power
conferred under Articles 166(2) and 166(3) of the Constitution
of India, and the Hon'ble Supreme Court having declared that
Article 166(3) as mandatory, it was incumbent upon the
cabinet to follow the procedure prescribed under the Rules
1977.
27. In the instant case, the cabinet decision taken on
25.5.2015 rejecting sanction to prosecute reads thus:
¸ÀaªÀ ¸ÀA¥ÀÄlzÀ ¤tðAiÀÄ:
¸ÀÄ¢üÃWÀð ZÀZÉðAiÀÄ £ÀAvÀgÀ, PÉÃAzÀæ vÀ¤SÁ ¸ÀA¸ÉÜAiÀÄÄ
PÉÆÃjgÀĪÀ C©üAiÉÆÃd£Á ªÀÄAdÆgÁwAiÀÄ£ÀÄß wgÀ¸ÀÌj¸À®Ä ¸ÀaªÀ
¸ÀA¥ÀÄlªÀÅ ¤zsÀðj¹vÀÄ.
28. The cabinet has only discussed the approval sought
by the CBI before rejecting the sanction, which establishes as
follows:
29. The procedure contemplated in Rule 23 of the
Rules, 1977 was not followed, which states that the
department to which the case belongs should prepare and
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forward a memorandum setting out list with sufficient
precisions, the points in the case which requires decision to the
Secretary to the Cabinet, through the Chief Secretary and
Minister incharge of the department.
i) The charge sheet materials were either not placed
before the cabinet or were not considered by the
cabinet.
ii) The opinion of the DG and IGP was also not placed
before the cabinet or was not considered by the Cabinet.
iii) The cabinet without reference to the relevant
materials and without assigning the reasons has rejected
the sanction to prosecute.
30. The impugned order issued under the name of the
Governor of Karnataka does not satisfy the requirement of
Section 197 of Cr.PC and/or Section 170 of the Karnataka
Police Act and also the provisions contained in the Transaction
of Business Rules, 1977.
31. Therefore, the impugned order refusing to grant
sanction to prosecute is in violation of the mandatory provisions
and also the well established legal principles by the Hon'ble
Supreme Court.
32. The petitioners, who initially provided the first
information leading to the CBI investigation, are aggrieved by
the State Government's refusal to grant sanction for
prosecution. Therefore, they have the locus standi to maintain
these petitions, and the argument presented by the learned
Senior Counsel regarding locus standi of these petitioners is
unacceptable.
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33. Accordingly, I pass the following:
ORDER
i) Writ petitions are allowed.
ii) The impugned cabinet decision dated 25.5.2015
bearing No.OE88 POSIPA/2015 at Annexure-A and the
government order No.OE88 POISPA/2015 dated 25.5.2015 at
Annexure-B passed by the 1st respondent in WP No.2200/2016
stand quashed.
iii) The 1st respondent to reconsider the proposal sent
by the Central Bureau of Investigation for prosecuting the
police personnel in the case of clashes between the Advocates,
Media, Police personnel at City Civil Court complex on 2.3.2012
without being influenced by the decision taken earlier and
strictly in accordance with law.
iv) The respondent No.1 - State Government to
conclude the proceedings within three months from the date of
receipt of certified copy of this order.
Sd/-
JUDGE
bkm
