Daijiworld Media Network – Bengaluru (MS)
Bengaluru, May 31: The High Court condemned the actions of MLA Harish Poonja, who protested inside the Beltangady police station against the arrest of BJP Yuva Morcha taluk president Shashiraj Shetty for allegedly illegally storing sand and explosives, and also for verbally abusing the police.
Justice Krishna Dixit, who conducted an inquiry into the two FIRs registered against the MLA for using abusive language against the police and obstructing police duty by protesting inside the police station, expressed deep dismay at Poonja's behaviour.
Justice Krishna Dixit stated, “When police arrest an individual, the local magistrate's court can be approached. If the arrest is illegal, a Habeas Corpus petition can be filed for resolution. However, just because a person is a public representative, it is not appropriate to go to the police station and protest. Additionally, an MLA should focus on legislating, not performing judicial duties in a police station.”
The bench advised Poonja, saying, “You should not be performing judicial duties. Focus on your legislative work. Let the court handle its responsibilities. If there are concerns about our functioning in the future, how should we address them? This behaviour is unacceptable.
“It has become common nowadays to protest against the police, pelt stones at them, and obstruct their duties. While there may be isolated cases where the police inconvenience individuals, we must support the police. Otherwise, how can they serve society?
“It is inappropriate for a public representative to question an individual's arrest at a police station. Police arrest terrorists. If a terrorist's wife informs a public representative that her husband, who she believes is innocent, has been arrested, should the public representative go to the police station?
“As an MLA, you should not have gone to the police station. If someone is arrested, due legal process should be followed. If an MLA goes to the police station, how can they serve society?
“Is there a single instance where, in a similar case like this, any court in India or abroad has ruled in favour of the accused? If you have such instances, submit them to the court. We will conduct an inquiry based on that.”
The bench served notice to the government and instructed MLA Poonja to remain calm until the next inquiry and not trouble the applicant. The inquiry was postponed.
Senior lawyer Prabhulinga Navadagi, representing MLA Poonja, stated, “BJP Yuva Morcha leader Shashidhar Shetty was arrested by the police on charges of illegal mining. His wife contacted the applicant and informed him of the situation. Subsequently, the applicant visited the Beltangady police station at 11:30 pm and questioned the grounds for the FIR. As the police personnel did not provide a satisfactory answer, the applicant raised his voice.”
Shashiraj Shetty was arrested on the night of May 18 by the Beltangady police on charges of illegal mining. MLA Harish Poonja, along with his party workers, went to the police station and allegedly verbally abused and threatened the police officers. He also obstructed their duties and staged a sit-in protest inside the police station. Police filed two FIRs in this case with the people representatives court of Bengaluru. Harish Poonja contested the filing of the FIR by the Beltangady police and approached the high court.