Karnataka High Court
Bankers Recreation Association (Regd) vs The State Of Karnataka on 25 July, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
1/5
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 25th DAY OF JULY 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION No.31193/2017 (GM-POLICE)
BETWEEN:
1. BANKER'S RECREATION ASSOCIATION (REGD)
NEAR PADMANABHA PETROL BUNK
B.H. ROAD, ARSIKERE TOWN
HASSAN DISTRICT-573103.
REPRESENTED BY ITS VICE-PRESIDENT
A.R. RANGASWAMY S/O RANGAPPA
AGED ABOUT 60 YEARS.
2. A.R. RANGASWAMY
S/O RANGAPPA
AGED ABOUT 60 YEARS
R/OF. ARSIKERE TOWN, ARSIKERE TALUK
HASSAN DISTRICT 573103.
... PETITIONERS
(BY SRI. A.V. GANGADHARAPPA, ADV.,)
AND
1. THE STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY TO GOVERNMENT
HOME AFFAIRS, VIDHANA SOUDHA
BENGALURU 560001.
2. THE DEPUTY SUPERINTENDENT OF POLICE
ARSIKERE SUB DIVISION
ARSIKERE, HASSAN DISTRICT 573103.
3. THE SUB-INSPECTOR OF POLICE
RURAL TOWN STATION
HASSAN ROAD, ARSIKERE
Date of Order 25-07-2017 W.P.No.31193/2017
Banker's Recreation Association (Regd) & Another Vs.
The State of Karnataka & Others
2/5
ARSIKERE TALUK
HASSAN DISTRICT - 573103.
... RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF PROHIBITION OR ANY OTHER APPROPRIATE WRIT
OR ORDER DIRECTING AND FORBIDDING THE RESPONDENTS
FROM INTERFERING AND MEDDLE WITH THE DAILY AND
ROUTINE ACTIVITIES OF THE FIRST PETITIONER & ETC.,
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Mr. A.V. Gangadharappa, Adv. for Petitioners Mrs. Prathima Honnapura, AGA for Respondents
1. The petitioners have filed this writ petition with the following prayers:-
"(i) A writ in the nature of prohibition or any other appropriate writ or order directing and forbidding the respondents from interfering and meddle with the daily and routine activities of the first petitioner.
(ii) Grant such other relief as this Hon'ble Court deems fit in the facts and circumstances of the case including an order as to costs".
Date of Order 25-07-2017 W.P.No.31193/2017 Banker's Recreation Association (Regd) & Another Vs. The State of Karnataka & Others 3/5
2. The learned AGA has brought to the notice of the Court Section 20-C of the Karnataka Police Act, 1963 which is quoted below for ready reference:-
"20-C. State Police Complaints Authority - (1) The State Government Shall, by notification in the Official Gazette, constitute the State Police Complaints Authority consisting of five persons, namely:-
(i) one shall be the Chairman selected from among the panel of three retired High Court Judges recommended by the Chief Justice of High Court of Karnataka.
(ii) one member shall be from among the retired Civil Service who shall be an officer not below the rank of Principal Secretary to Government.
(iii) one member shall be from Civil Society. The Civil Society member shall be chosen by the State Government from amongst the panel of three names recommended by the Search Committee consisting of three persons nominated by the State Government one each representing the Human Rights Commission, the Karnataka Public Service Commission and the Lokayukta. The State Government shall appoint one of the members as the Chairman of the Date of Order 25-07-2017 W.P.No.31193/2017 Banker's Recreation Association (Regd) & Another Vs. The State of Karnataka & Others 4/5 Search Committee and an officer not below the rank of Deputy Secretary to Government, Home Department as the converner of the Search Committee. The person in the panel shall be a person of repute who has rendered humanitarian service in the field of education, health, upliftment of the poor etc. and had not aligned himself with any political party or ideological group.
(iv) one women IPS Officer of not below the rank of Deputy Inspector General of Police; and
(v) the Additional General of Police (Grievance) nominated by the State Government as the Ex officio member and Member Secretary of the Authority".
3. From a bare reading of the said provision, it is clear that any person, a victim or any other person, if he has any grievance against the actions of the police officials of the State, they can approach the said Complaint Authority, which is headed by a former Judge of the High Court and other high power persons.
4. This Court does not appreciate the reason for the petitioners to approach this Court by way of present Date of Order 25-07-2017 W.P.No.31193/2017 Banker's Recreation Association (Regd) & Another Vs. The State of Karnataka & Others 5/5 writ petition directly under Article 226 of the Constitution of India.
5. The present petition contains absolutely vague averments made in the writ petition that the police officials are disturbing the peace and living of the petitioners without any valid reason. No specific instance has been pointed out in the present petition as well.
6. The petitioners can always avail their normal and ordinary remedy in the competent subordinate Courts below as well. In view of the effective forums already provided in the Karnataka Police Act and Code of Criminal Procedure, this Court is fully convinced that there is no justification for entertaining this petition under Article 226 of the Constitution of India.
7. The petition is accordingly dismissed. No costs.
Sd/-
JUDGE Srl.