Bengaluru: The High Court has expressed its serious concern over the incident of mob assaulting a mentally unsound teenaged youth, following the alleged insult to the statue of Dr. B.R. Ambedkar at Masanapura village in Chamarajanagar district.
Justice M. Nagaprasanna, who was hearing a petition recently filed by one Chandru, 19, a resident of Uppara Beedhi in Masanapura, Chamarajanagar, seeking to quash the criminal case filed against him at Yalandur Police Station, made strong oral observations after going through the videos and photographs of the incident.
“Is this rule of law, what is this? This is why I have been telling daily, the State is in anarchy. There is no rule of law. Nowhere in the world this happens. In a democratic set-up this does not happen,” Justice Nagaprasanna remarked during the course of hearing.
The case pertains to an incident reported in June, where the 19-year-old, who is said to be mentally unstable, was accused of damaging the lighting of a signboard carrying a portrait of Dr. B.R. Ambedkar.
According to submissions made before the Court, local residents allegedly stripped the youth naked, tied him to an electric pole and assaulted him before Police personnel arrived at the spot and rescued him.
Despite his mental condition, Yalandur Police registered a case against the youth under Sections 299 and 324(4) of the Bharatiya Nyaya Sanhita (BNS), relating to deliberate acts intended to outrage religious feelings and mischief causing property damage. He was also booked under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The High Court had earlier directed the Police not to take any coercive action against the petitioner while permitting the investigation to continue.
Expressing serious concern over the incident, Justice Nagaprasanna observed that such acts had no place in a democratic society. “Even in the worst of regimes, these things have stopped happening long ago. But not in this country,” he orally observed.
The Court was also informed that a Superintendent of Police (SP) was caught on camera allegedly threatening the youth with externment proceedings, besides warning that an FIR would be registered against him under Goonda Act and summoned every year. “The SP has no business to talk like this. What is this appeasement of this kind?” the Judge asked. The matter remains under consideration before the High Court.
Public Prosecutor B.N. Jagadish, who submitted a copy of the complaint and counter complaint related to the case, argued that there is no intent to protect anybody involved in the case. The statements of SP should not be treated negatively.
However, Justice Nagaprasanna said, both complaints should be thoroughly investigated and the detailed report be submitted to the Court. The case is deferred for further hearing on Aug. 20.




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