Karnataka HC Pulls Up Police for Arrest Linked to Kunal Kamra Facebook Post
“The Whitefield Police Station gets concerned about the imaginary disharmony overnight and alleges such disharmony to be because of the post of the petitioner and calling it a victory for Hindu unity,” Justice M Nagaprasanna observed.
The Karnataka High Court on Friday pulled up the Deputy Commissioner of Bengaluru Police over the arrest of a Hindutva leader for his Facebook post celebrating the cancellation of stand up comedian Kunal Kamra's event in the city
“The police constable of the Whitefield Police Station .. initiates the case” on the alleged grounds, the judge added.
Justice Nagaprasanna said that the police acted on “imaginary concerns of disharmony” on Kamra after Gowda had posted on Facebook that Kamra’s event was called off because of “Hindu unity”.
Pertinently, the Court said that the Whitefield police was following a “pattern of sending notices to accused persons asking them to appear before the police for questioning and arresting them before they could even comply with the deadline mentioned in the notice”.
“The Whitefield Police Station appears to have been violating the law time and again. This Court has repeatedly coming across this violation of law from this Police Station. A notice indicating the later date of appearance, appears to have been used to take the petitioner into custody 3 days prior to the fixed date itself,” the Court said.
“Can’t they simply allow the person to come when the date is fixed? Why will they arrest 3 days prior to that?” Justice Nagaprasanna asked the police.
The Court said that it had earlier this week reprimanded the Whitefield police in a separate case after taking judicial notice of the same modus operandi adopted in Gowda’s case. In that instance, the arrest of another man was declared to be illegal by Justice Nagaprasanna who imposed costs of ₹3 lakh on the police.
The police had arrested Mohan Gowda of Udupi on August 5 for his Facebook post saying Kamra’s event cancellation was a “victory” for Hindu unity. Gowda is a member of an organization called the ‘Hindu Rashtra Samanvaya Samithi’.
Prior to the said Facebook post by Gowda, he had made a representation to Whitefield police station that Kamra’s comedy show would lead to communal disharmony. It was to be held at Uru which falls under Whitefield Police Station limits, the Court said.
The show was later cancelled, following Gowda’s representation. Gowda then made the celebratory Facebook post stating it was a victory for Hindu unity.
The Whitefield Police Station by FR registered for offences under Sections 217 (false information with intent to cause public servant to use his lawful power to the injury of another person) and 353 (statements conducing to public mischief) of the Bharatiya Nayaya Sanhita (BNS).
Issuing a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on August 5, the police asked Gowda to join them at Whitefield police station within 3 days.
Section 35(3) allows police to issue a notice of appearance to an accused person instead of physically arresting them straight away if the punishable offense is for up to 7 years.
The police then travelled all the way to Udupi to take Gowda into custody before the expiry of the 3 day period specified in the notice.
Gowda challenged his arrest before the High Court.
