Bangalore Riots: Karnataka HC asks State to consider empowering Claims Commissioner as per provisions of Commissions of Inquiry Act

The Karnataka High Court today asked the state government to consider empowering Justice (retd) HS Kempanna, who was recently appointed as Claims Commissioner to estimate the damage caused to property during the Bangalore Riots, as per the provisions of Commissions of Inquiry Act, 1952. .When the matter was taken up for hearing today, petitioner Advocate Shridhar Prabhu contended that it was necessary that the Claims Commissioner was granted powers under Sections 4 (Powers of Commission), 5 (Additional powers of Commission) and 9 (Protection of action taken in good faith) of the Act..Bangalore Riots: Karnataka HC appoints former judge Justice HS Kempanna as Claims Commissioner to estimate property damage.The Division Bench headed by Chief Justice Abhay Shreeniwas Oka orally observed that protection under Section 9 was very important, as the matter pertaining to Bangalore Riots was a sensitive one. ."This is a sensitive matter nobody should subject the retired high court judge to any sort of proceedings", said CJ Oka..The said provision protects commissions from legal action for any act done in good faith, in pursuance of their powers. It states,"No suit or other legal proceeding shall lie against the appropriate Government, the Commission or any member thereof, or any person acting under the direction either of the appropriate Government or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder or in respect of the publication, by or under the authority of the appropriate Government or the Commission, of any report, paper or proceedings.".Further, Additional Solicitor General for India MB Nargund stated that the Central government was seriously considering transferring the said matters to the National Investigation Agency (NIA)..The Bench further opined that if the matters are transferred to NIA, the issue of infrastructure could be looked into, during the next hearing. .Bangalore Riots: Karnataka HC issues notice in pleas seeking transfer of investigation to NIA, asks State on steps taken so far .These observations were passed by the Bench in a batch of pleas filed in connection with the Bangalore Riots that took place on August 11..On the said date, a mob of around 300 people gathered near DJ Halli Police Station in East Bangalore, protesting against an allegedly derogatory Facebook comment on Prophet Mohammed posted by one P Naveen, nephew of Congress MLA Akhanda Srinivas Murthy..The matter has been adjourned to September 29.