Top cops named in DySP suicide case withdraw petition in HC

IPS officers Pronab Mohanty and A M Prasad, accused in DySP M K Ganapathi suicide case, have withdrawn their petition in the High Court challenging the order of the Madikeri magistrate court directing the local police to register an FIR for abetment to suicide.

As the petition was withdrawn, the High Court dismissed the petition with a direction to the state DG&IGP to assign a senior police officer to oversee the investigation into the death of the Ganapathi.

As the hearing began, senior counsel C V Nagesh, appearing for the two IPS officers, filed an application requesting Justice Anand Byrareddy to recuse from the hearing.
Later, Nagesh on instructions from the counsel on record for the two officers K Raghavendra, sought to withdraw the petition with liberty to approach the court if the occasion arises. “Before parting with this case, it should be observed that even before the complaint was lodged before the magistrate, the DGP on his own initiative, exercising power (of the superior officer) under Section 36 of the Code of Criminal Procedure (CrPC), had directed the Criminal Investigation Department (CID) to take over the investigation of the unnatural death report Number 9/2016 and it transpires that the CID had promptly taken over the investigation on July 8, 2016. The further investigation has been kept in abeyance pursuant to the impugned order passed by the magistrate,” the bench ordered.

The High Court also directed the DGP to pass appropriate orders to ensure that the investigation proceeds seamlessly. “It is always open to the DGP to act under Section 36 of the CrPC to direct some other officer to carry out the investigation and the report that may be filed to the court would be deemed to be filed by the concerned police station. Further, given the sensitive nature of this case and the media hype that has been generated, it is likely that at every step, there would be some controversy or the other drawn up, especially with regard to impartiality of the officers involved in the investigation. The Advocate General on this count would assure the court that the state government would ensure that an officer of the highest rank shall be entrusted with overseeing of the investigation, in order to ensure a fair and free investigation.”

Showdown  
A heated argument ensued between a section of advocates and senior counsel C V Nagesh when the latter moved an application requesting Justice Anand Byrareddy to recuse from the hearing. A section of advocates demanded action against the conduct of Nagesh, who represented IPS officers. Nagesh said his clients have apprehension that they would not get justice going by the bench's oral observations during the last hearing and the media coverage the next day. Nagesh went on saying that one of the clients had even felt like committing suicide after getting to know the court's oral observations and the “media trial.”

Justice Anand Byrareddy said he would not recuse as it may send a wrong signal and set bad precedent for all who feel that the court order will not go in their favour.