State in anarchy: Karnataka HC criticises govt, police over assault by mob on mentally unsound youth

Bengaluru: The Karnataka High Court came down heavily on the state government and police over the alleged mob assault on a mentally unsound 19-year-old youth in Chamarajanagar district, with Justice M. Nagaprasanna questioning the state of law and order in Karnataka.

Hearing a petition recently filed by the youth's father seeking to quash the criminal case against his son, Justice Nagaprasanna made strong oral observations after being shown photographs of the incident.

"Is this rule of law, what is this? This is why I have been telling daily, the State is in anarchy. There is no rule of law. Nowhere in the world this happens. In a democratic set-up this does not happen," the judge remarked during the hearing.

The case pertains to an incident reported last month in a village in Chamarajanagar district, where the 19-year-old, who is said to be mentally unstable, was accused of damaging the lighting of a signboard carrying a portrait of Dr. B.R. Ambedkar.

According to submissions made before the court, local residents allegedly stripped the youth naked, tied him to an electric pole, and assaulted him before police personnel arrived at the spot and rescued him.

Despite his mental condition, police registered a case against the youth under Sections 299 and 324(4) of the Bharatiya Nyaya Sanhita (BNS), relating to deliberate acts intended to outrage religious feelings and mischief causing property damage. He was also booked under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The High Court had earlier directed the police not to take any coercive action against the petitioner while permitting the investigation to continue.

Expressing concern over the incident, Justice Nagaprasanna observed that such acts had no place in a democratic society.

"Even in the worst of regimes, these things have stopped happening long ago. But not in this country," he orally observed.

The court was also informed that a Superintendent of Police was caught on camera allegedly threatening the youth with externment proceedings and warning that an FIR would be registered against him every year.

"The SP has no business to talk like this. What is this appeasement of this kind?" the judge asked.

The matter remains under consideration before the High Court.

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The Hans India