Court Slams Bengaluru Cops Over Action Against Man Opposing Kunal Kamra Show

The Karnataka High Court has come down heavily on Whitefield Police, questioning the manner in which they took a petitioner into custody after he celebrated the cancellation of comedian Kunal Kamra's show in Bengaluru.

Justice M Nagaprasanna was hearing a petition on Friday by Mohan Gowda, associated with the Hindi Rashtra samanvaya samithi, who challenged the registration of a case against him under some Sections of the Bharatiya Nyaya Sanhita (BNS).

The controversy began with a proposed Kunal Kamra comedy show in Whitefield, following which Mohan Gowda had approached Whitefield Police with a representation opposing the show. Eventually the show was cancelled and the announcement of the same was made by Kunal Kamra himself. 

Mohan Gowda subsequently put up a social media post calling the cancellation a "victory for Hindu unity."

Following this post, the Whitefield Police then initiated a suo motu case, alleging that the post had caused disharmony in society. 

Girish Bharadwaj, the advocate arguing on behalf of Gowda, told the court that the petitioner was picked up by the cops from Udupi at 2:00 am as if he had committed a heinous offence. 

He was taken into custody by a cop who had travelled from Bengaluru and brought back to Whitefield Police Station.

The cops then issued a notice to Mohan Gowda under Section 35(3) of the BNSS, a notice that requires one to appear before police in the next three days  even though he was already in police custody.

The High Court observed that the notice appeared to have been used to take Gowda into custody three days before the date fixed for his appearance.

Justice Nagaprasanna observed that Whitefield Police "appears to have been violating the law time and again," and said the court had repeatedly encountered such violations from the police station.

The judge further described this as the "modus operandi" of the policemen manning the Whitefield Police Station.

The court also recorded that the notice was allegedly handed over to Gowda a little distance away from the Whitefield Police Station, after he had already been secured and taken into custody.

The High Court subsequently directed senior police officials, including the Deputy Commissioner of Police and Assistant Commissioner of Police, to address the alleged violations.