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SC nullifies HC directive to suspend SP and officials

SC nullifies HC directive to suspend SP and officials

Mangalore Today News Network

Mangaluru, Dec 2, 2014: The Supreme Court has declared as null and void the direction of the High Court Single Judge S N Satyanarayana to the DGP to suspend Dakshina Kannada SP, Belthangady Circle Inspector and SHO of Belthangady for failing to take action against an accused in a land grabbing case.

Dr Sharanappa Speaking to media  here on December 1, Monday,  Superintendent of Police Dr Sharanappa has said “following the order of the High Court, I had written to the Government to file SLP - Special Leave Petition, in the Supreme Court.  The  SLPs were filed in the Supreme Court on September 26. The Supreme Court had issued an interim order to stay the direction of the High Court on the same day. The hearing was held on November 24 and the written copy of the order was received.  The High Court in its order had directed Home Secretary, Government of Karnataka, that he shall keep the SP, DK, Circle Inpscetor of Police and Station House Officer of Belthangady who were in charge of the station on May 10, 2014 at 10 am under suspension until the investigation is completed to ensure that there should not be any interference by these officers in the said investigation.” The Supreme Court in its order said, “we find that this kind of direction to the Home Secretary sans hearing is totally impermissible in law and such order ought not to have been passed.

Keeping the officers under suspension is the domain of the Disciplinary Authority which ought not to have been exercised by the Single judge in exercise of power under Section 482 of the Code of Criminal Procedure. Justice S N Satyanarayana who was hearing a case filed by a housewife Shashikala Shetty against the state government, SP and other police officials had passed an order.    It was said that Shetty who owns a property on which a Nagabanna Temple surrounded by an arecanut garden is located. She alleged that the accused, Mahesh Shetty, had illegally entered the said property, in order to grab the land.

The petitioner alleged that though they had filed a civil suit, Shetty had approached the police to file a criminal complaint. The police, however, refused to take any action.   The SP said that petitioner had not made any remark against the SP in her appeal in the court.    The High Court had directed the police to file FIR in the said case and transfer the case to Commissioner of Police for further investigation.

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