Why fear investigation if you are innocent? HC poser to IPS officers

The High Court on Tuesday asked IPS  officers Pronab Mohanty and A M Prasad why they are unwilling to face investigation in the suicide of DySP M K Ganapathi if they claim to be innocent.

The officers have moved the High Court for quashing of a Madikeri court’s order for registration of an FIR against them. Justice Anand Byrareddy observed, “What is there to fear about when accused number one, a minister, has stepped down and is facing the investigation? The petitioners being the top brass in the police department, why have they approached the court to quash the FIR? (sic)”

Senior counsel C V Nagesh, appearing for the officers, argued that there was no prima facie evidence to book his clients for abetting in the suicide of Ganapathi. The deceased officer’s statement to the media, which is available in the form of CD and on YouTube, cannot be considered a dying declaration, he said.

The counsel contended that the Principal Civil Judge and JMFC Court, Madikeri, ordered the police to register the case against the IPS officers without application of mind as there was “no basic material available against them”. When the Criminal Investigation Department (CID) is investigating the case, a second FIR cannot be filed, he argued.

The bench replied that the Madikeri court did not pass the order in vacuum and that it was acting on a complaint by Ganapathi’s son Nehal. “Although the court does not consider media reports as evidence, it cannot behave like an ostrich which buries its head in the ground,” Justice Byrareddy said. He also observed that the petitioners’ counsel was trying to “nip the case in its bud” whereas it was still in the nascent stage. The judge said the court had no power to muzzle the investigation.

Senior counsel M T Naniah, appearing for Nehal, questioned the CID’s authority to investigate the case without an FIR as it had no jurisdiction. The bench then asked State Public Prosecutor K R Keshav Murthy as to how did the Director General and Inspector General of Police order a CID investigation. Murthy said the investigation was started based on the statement of Ganapathi’s father Kushalappa and the Madikeri court order.

The bench said the court was more worried that the investigation was in limbo and asked the SPP to get the DG&IGP’s statement about what best could be done in this case.

When the IPS officers’ counsel Nagesh submitted photocopies of the statement of Ganapathi’s father based on which the CID investigation was ordered, the bench questioned how did he get the photocopies as they were not certified. Justice Byrareddy remarked that it showed that “you are influential and have your ways and means to get the copies.”

Court says no to CBI probe
The High Court has rejected a petition which urged it to direct the state government to order a CBI probe into the suicide of DySP M K Ganapathi.

A division bench of Chief Justice S K Mukherjee and Justice Ravi Malimath on Tuesday rejected the PIL filed by B H Chandrashekhar and others. The court refused to exercise its discretion after the government submitted that Ganapathi’s son had filed a private complaint before the Judicial Magistrate First Class, Madikeri.

The government counsel also said that a case had been registered at the Madikeri town police station on the JMFC order. He also informed the bench that the government had ordered a judicial inquiry by retired High Court judge Justice K N Keshavanarayana.