Daijiworld Media Network - Bengaluru (SP)
Bengaluru, Jul 27: "As per your own claims, you had no role in the suicide by deputy superintendent of police,M K Ganapati. You say you are honest and senior police officers. If so, why have you sought dismissal of case against you? At a time when first accused, K J George, has resigned from ministry and offered to face probe, why are you hesitating from facing the trial? Let the investigation progress on its own. You can face it boldly," commented the high court (HC) when hearing the petition filed by senior police officers, Pranav Mohanty and A M Prasad, seeking cancellation of the order of the third additional JMFC court, Madikeri, directing the town police station Madikeri to register first information report against them and hold probe.
The petition is being heard by the single judge bench of the HC presided over by Justice Anand Byrareddy.
Appearing before the bench on behalf of the petitioners, senior advocate, C V Nagesh, argued that the petitioners had not played any role in the above suicide. He said that they are innocent, and are honest senior police officers. "The son of Ganapati filed complaint without providing any evidence against the accused. The CD containing statement made to the media or media reports cannot be treated as death note. Criminal investigation department is already holding investigation. Under these circumstances, the lower court was not in order in ordering registration of first information report against the petitioners without exercising discretion," he argued.
The bench observed that the court had ordered probe on the basis of complaint made by the son of the deceased, and not on the basis of media reports. It also said high court cannot dismiss investigation when it is still in preliminary stage. It further observed that no complainant provides evidences when filing complaint.
When the bench wanted to know who was the first accused, the advocate said George was named as first accused. The bench questioned as to whether the minister had resigned because of this case. It wondered why the clients of the advocate were unwilling to face probe when the minister himself resigned and expressed his willingness to face the probe.
Three probes
During the arguments, the bench also asked state director general of police about ways and means to clear the air of confusion arising out of three parrellel probes in the case, one by criminal investigation department, another by Madikeri town police, and a third one by the inquiry commission.
The hearing stands adjourned to Thursday.