'This Is Direct Interference With Administration Of Justice':HC Slams Cop Who Made A "Courtesy Call" To A Party In Person

Mustafa Plumber

23 Sep 2019 5:10 PM GMT

  • This Is Direct Interference With Administration Of Justice:HC Slams Cop Who Made A Courtesy Call To A Party In Person

    The Karnataka High Court on Monday came down heavily on a police officer of the State Intelligence department, who made a phone call to a petitioner (party in person) to collect details of the plea filed by him in the court. A division bench of Chief Justice Abhay Oka and Justice Mohammad Nawaz, said; "This is a direct interference with the administration of Justice. We will not accept...

    The Karnataka High Court on Monday came down heavily on a police officer of the State Intelligence department, who made a phone call to a petitioner (party in person) to collect details of the plea filed by him in the court.

    A division bench of Chief Justice Abhay Oka and Justice Mohammad Nawaz, said; 

    "This is a direct interference with the administration of Justice. We will not accept such apologies."

    The observation came after the police inspector filed an affidavit saying it was a 'courtesy call' which he had made to the petitioner, Mallikarjuna A, after reading a news report on the order made by the court in his petition.

    Justice Oka said

    "In the last 16 years of my career as a judge, Ii have never come across such a practise of 'courtesy call'. Will citizens who have approached the high court, on receiving a call from the intelligence department, perceive it as 'courtesy call'. He added "This officer has to go."

    The police officer told the court, it was the first time he had tried to collect information from a PIL petitioner and if the court takes action against him, then it would affect the moral of the police force. A circular has also been issued to all officials to refrain from calling petitioners especially those who have filed petitions in High Court. Justice Oka responded by saying

    "We are not concerned with the morale of the police force, we are sitting here to enforce rule of law and if you're so concerned about the moral of the police, then base it on surer grounds."

    The bench refused to accept the police officers unconditional apology, holding that there was no remorse shown by him and directed him to remain present before the court on Thursday, when it would pass appropriate orders.

    Meanwhile, the court also took the State government to task and directed the secretary of Animal Husbandry Department and Fisheries department to personally remain present in court to explain the misleading information given on starting cattle camps in various taluks during the drought like situation a few months ago.

    The bench went through the report submitted by the Karnataka State Legal Aid Services Authority, which showed that even after courts directions and statements made to the court, at 14 locations cattle camps were not started, even though in court it was mentioned otherwise. The bench said "This is a classic case of how the state has misled the court. Ex-facie the data given in two reports by the state is false." The court orally said this is sorry state of affairs, we are not dealing with some influential person but 'farmers', such things should not have happened. The court has now posted the matter for further hearing on September 26.

    The PIL filed by the petitioner highlights the issues related to drought, and cattle camps and proper implementation of the Disaster Management Act.  

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