Mysuru: Can a junior Police officer investigate a criminal case against his senior? No, says the rule book. There is a written rule in this regard in the Police Manual and as per the set tradition, the junior officer will not subject his superior officer to any investigation.

Following the set standard, Mysuru City Police Commissioner K.T. Balakrishna (DIG rank) has expressed his helplessness in launching a probe against his senior and former City Top Cop Dr. A. Subramanyeswara Rao, who is an IGP-rank officer. Balakrishna has written to Neelamani N. Raju, Director General and Inspector General of Police (DG&IGP) on July 15 in this regard. 

Actual case

This is regarding irregularities case booked against former Chief Minister Siddharamaiah and 17 others (respondents) at Lakshmipuram Police Station (49/2018) over a house built by Siddharamaiah at Hinkal allegedly violating norms framed by Mysuru Urban Development Authority (MUDA).

The case has been filed by M. Gangaraju of Kuvempunagar in city in the Court of 82nd Additional City Civil and Sessions Judge in Bengaluru. Apart from Siddharamaiah, former MUDA Chairmen C. Basavegowda and D. Dhruvakumar, MUDA Commissioner P.S. Kantharaju, MUDA Secretary K.M. Chandregowda and 13 others are the respondents in the case.

Based on the Court directive, the case has been registered in the Lakshmipuram Police Station. 

According to the complainant, there are many MUDA properties worth more than Rs.500 crore under various survey numbers in Hinkal village where the present Badami MLA Siddharamaiah and his followers have allegedly committed irregularities.

Letter to Chief Secretary

The complainant Gangaraju had also written to the State Government (Chief Secretary) that as many senior and powerful politicians, IAS and KAS officers are involved in the irregularities, the local Police and the Administration cannot probe the case in a fair manner. As such, the probe must be handed over to CBI. 

Also, the former City Police Commissioner Dr. A. Subramanyeswara Rao, misusing his powerful position, has furnished false information in the case to his higher officers and the Government, Gangaraju had stated in his letter. Gangaraju alleged that Rao had misused his power and had misled the officials amounting to dereliction of duty.

Top Cop’s reasoning

Following the letter to the Chief Secretary, the DG&IGP office had asked the present Mysuru City Top Cop K.T. Balakrishna to look into the issue. In his letter to the DG&IGP Neelamani Raju, Balakrishna has stated that Dr. Subramanyeswara Rao is his senior and the allegations of furnishing false information against the officer cannot be probed as “according to rules, it will be inappropriate.” 

Balakrishna has further reasoned that the responsibility of holding an inquiry against Dr. Subramanyeswara Rao must be entrusted to an officer superior to Rao. When Star of Mysore reached out to Balakrishna for his comments, he was not available.

Initial complaint

The complainant had first approached the Principal Senior Civil Judge and Chief Judicial Magistrate’s Court in Mysuru and based on the Court directive, Lakshmipuram Police had filed the FIR. 

However, with an elected representative (Siddharamaiah) being listed as accused in the case, the case was recently transferred to a Special Court (82nd Additional City Civil and Sessions Judge) exclusively to deal with criminal cases related to elected MPs/MLAs in Bengaluru.