Attack of lawyer by police: Karnataka High Court closes suo motu case; says State has acted promptly

The Karnataka High Court on Wednesday decided to dispose of the suo motu case it had initiated in the wake of an attack on a young lawyer in Chikkamagaluru by the police, allegedly over a traffic violation. .A bench of Chief Justice PB Varale and Justice Krishna S Dixit closed the matter after noting that the State government has acted promptly and that the Crime Investigation Department's (CID) investigation into the matter is at a preliminary stage.."We see no reason to issue any further direction. The purpose of taking cognisance by this Court on the representation by advocates' association has achieved its purpose," the Court said. Justice Dixit weighed in by urging the counsel not to generalise all police officers as wrongdoers."There may be a bad sheep in any flock. That is how God has created things.. But saying all police are bad? People go to police booths because there are good policemen. If we say all police are bad, all lawyers are bad, all judges are bad, where will we land? (Not saying that wrong was not done but) don't paint the whole department with the same colour," he remarked..Notably, the Court today declined requests made to fix a timeline for the CID probe or for disciplinary action against errant police officers..Advocate Vivek Subba Reddy raised concern that the CID was taking assistance from local police officers who were tutoring witnesses. Therefore, he urged the Court to order the CID not to enlist the aid of local police officers.."There is every possibility they (local police) will not arrest their own men. What the police have done, the main video which captures which captures the altercation, where police officers have beaten Advocate Preetham, they have not produced, they have somehow ensured that it is not available, this is actually what is happening. At great pain, I am placing on record," Reddy submitted. .The Court, however, was quick to reply that it would not be passing any directions on how to conduct the investigation, "in way A or way B." The Court recorded the concerns raised by Reddy but proceeded to reject his suggestions. "We are not accepting these suggestions and we are only recording these suggestions to reject them ... There is no material presented before us to assume and presume that there will be an undue delay in the investigation. There is no reason for the court to direct a fixed timeline. At the most, it can be stated that the investigating agency should complete the investigation as soon as possible ... Only because somebody insists, this Court cannot give a go-by to service rules (on disciplinary action)... to set up a fixed timeline," the Court's final order stated. .The Court reiterated that criminal investigation should be an independent process which should not be ordinarily interfered with by the courts.During the hearing, the bench had also pointed out that any lapses in the investigation could be addressed when the case is at the stage of trial. ."In trial stage, we are sure that there are good criminal lawyers. You are aware CrPC permits assistance to public prosecutors," the Chief Justice said. "Investigation is ninety percent of the case. The trial builds on that. If investigation itself becomes manipulated, it would be difficult for any lawyer to set it right ... Let AG say they will not use local police," Advocate Reddy replied. The Court, however, said that it cannot issue any such direction..The case before the Court was initiated following a letter by the Advocates Association of Bengaluru (AAB) which highlighted the attack on a lawyer, advocate NT Preetham by police officers at Chikmagalur.The lawyer was said to have been picked up by the police for allegedly not wearing a helmet and beaten up. The November 30 incident led to protests by lawyers and the suspension of six police officials. In the wake of the incident, the Court had earlier questioned the Karnataka government if it was serious about enacting a lawyers' protection bill. Advocate Reddy today informed that this bill has now been introduced and is slated to be debated by the Karnataka State Assembly. .On December 5, the Court also set up a high-level committee to restore amiable relations between lawyers and the police in Chikkamagaluru.Today, the Court noted that even this committee (by a majority) had opined that the CID investigation into the matter should be allowed to take its own course, rather than making demands to effect immediate arrests. .The Court, therefore, disposed of the suo motu case. However, on a parting note, the bench observed that any further concerns on the impartiality of the probe could still be flagged if the need arises. "Ensure there will be no scope for further objections, allegations. We have some constraints in writing our judgment, but we also know. Beyond that, we will not saying anything. Ensure things run very fairly, independently ... Our power to revise the PIL is not taken away by our order. Justice should not only be done, it should be seen to be done. Our power to revise remains intact. This much, we will say," the bench said. .[Read live coverage of the hearing]