Advocates Assn.Bangalore vs Union Of India & Ors

(b) A large crowd gathered in the court premises caused a great deal of inconvenience, as a result of which, scuffle ensued between advocates, police and media persons and simultaneously violence broke out and the police resorted to lathi charge in which several persons got injured. A number of vehicles were also damaged and destroyed due to stone pelting and arson. Over 191 cases were registered in regard to the above said incident against the police, advocates, media persons, public etc. under various categories in various police stations of the City.

(c) On 06.03.2012, Advocates Association, Bangalore-the appellant herein, registered under the Karnataka Societies Registration Act, 1959, submitted a representation to the Chief Minister of Karnataka to take suitable action against the police atrocities committed on the advocates on 02.03.2012. Subsequently, on 07.03.2012, the General Secretary of the appellant- Association filed a detailed complaint in the jurisdictional police station wherein the names of the police officers who were involved in the said incident were given.

(d) On the very same day, i.e., on 07.03.2012, the Government of Karnataka issued a Government Order (GO) and appointed the Director General of Police, CID, Special Units & Economic Offences as the Inquiry Officer to conduct an in-house inquiry into the matter. On 10.03.2012, the Registrar, City Civil Court, Bangalore, lodged a complaint with the Ulsoorgate Police Station for causing damage to the property of City Civil Court, Bangalore which came to be registered as FIR No. 206/2012 under Sections 143, 147, 323, 324, 427, 435 read with Section 149 of the Indian Penal Code, 1860 (in short ‘the IPC’) and Section 3(1) of the Prevention of Damage to Public Property Act, 1984 against unknown persons. On 19.03.2012, the Director General of Police submitted his report stating that the officers on bandobust failed to exercise adequate and proper supervisory control on the policemen while controlling the situation, which resulted in excesses committed by some of the policemen, and the police personnel responsible for excesses could not be easily identified.

(e) Several writ petitions came to be filed before the High Court seeking various reliefs inter alia including direction to the State Government to entrust the investigation to the CBI. On 26.03.2012, the President of the appellant-Association filed an affidavit in the writ petitions, viz., 7623 and 8328 of 2012 appraising the court about the dismal progress in the investigation carried out by the police. In view of the same, on 29.03.2012 and 02.04.2012, Assistant Commissioner of Police filed an affidavit and counter affidavit respectively stating the status of the investigation. It was further stated that the State Government has accepted the report of the Director General of Police and he has been directed to conduct further inquiry. Several documents, records and other details were produced before the High Court during the course of the proceedings.

(f) The High Court, by order dated 16.05.2012, constituted a Special Investigation Team (SIT) headed by Dr. R.K. Raghavan, a retired Director of the CBI as Chairman and Mr. R.K. Dutta, Director General of Police, CID, Bangalore as Convenor along with other police officials to investigate into the incident with reference to the complaints lodged by the police, advocates as well as media against each other and to conclude the same within 3 months from the date of the Government Notification. In pursuance of the same, the State Government issued a series of Notifications constituting and reconstituting SIT for reasons of non-availability of officers to be its members.

9) Initially, the appellant–Association filed a Writ Petition No. 7623 of 2012 praying for a direction to the State Government to entrust the investigation to the CBI. Several other writ petitions were also filed. By impugned order dated 16.05.2012, the High Court disposed of the writ petition by constituting a SIT headed by Shri R.K. Raghavan, a retired Director of the CBI and other officers. It is further seen that on 19.10.2012, this Court reconstituted the SIT to investigate into the incident and also directed to submit a report within three months from the date of the order.

12) In the light of what is stated above, while setting aside the impugned order of the High Court dated 16.05.2012 and in modification of earlier order of this Court dated 19.10.2012, we entrust the entire investigation of the incident to the CBI. Accordingly, we direct the CBI to carry out the investigation and submit a report before the appropriate Court having jurisdiction at Bangalore within a period of six months from the date of receipt of copy of this judgment. We further direct the State/SIT to immediately hand over all the records pertaining to the said investigation to the CBI.

13) The appeal is allowed on the above terms. In view of the above direction, no separate order is required in I.A. No. 8 of 2013, accordingly, the same is also disposed of.

..…………….…………………………CJI.

AUGUST 27, 2013.