Case Note & Summary
The petitioners, members of the Panchamasali community, approached the High Court of Karnataka under Articles 226 and 227 of the Constitution, seeking a writ of mandamus directing the State authorities to constitute a Commission of Inquiry under the Commission of Inquiry Act, 1952 to investigate the police action taken on 10-12-2024 at Suvarna Soudha, Belagavi. The community had been agitating for reservation benefits under a Government order dated 27-03-2023, which they alleged was not being implemented despite an undertaking before the Supreme Court in L. Ghulam Rasool v. State of Karnataka. In pursuit of their demand, the petitioners and about 10,000 other community members assembled at Kondaskoppa village, approximately 1.5 kilometres from Suvarna Soudha, where the State Legislature was in winter session. After a meeting attended by several MLAs, they decided to walk peacefully to Suvarna Soudha to submit a representation to the Chief Minister. However, the police, under the alleged orders of the Additional Director General of Police, charged the crowd with a lathi charge, which the petitioners claimed was unprovoked and resulted in grave injuries to many. They submitted that no prior notification as required under the police manual or the Code of Criminal Procedure, 1973 was given before resorting to force. Photographs and medical reports were produced to support the allegation of police excesses. The State, through the Advocate General, refuted the allegations, contending that the protestors turned violent and became aggressors, and the lathi charge was necessary to prevent a law and order problem. Both sides produced video evidence to support their versions. The court framed the sole issue whether the facts warranted constituting a Commission of Inquiry. The judgment text provided ends without a final decision, leaving the outcome unknown.
Issue of Consideration
Whether the case at hand necessitates Commission of Inquiry to be constituted to enquire into the allegations and contra allegations qua incident that has happened on 10-12-2024?
Case Details
2025 LawText (KAR) (04) 71
Writ Petition No. 107792 of 2024 (GM-RES)
Hon'ble Mr. Justice M. Nagaprasanna
Sri Prabhuling Navadagi, Sr. Advocate with Srimathi Pooja R. Savadatti and Srimathi Sanjeevini Navadagi (for petitioners); Sri Shashikiran Shetty, Advocate General with Sri Gangadhar J. M., AAG and Sri Sharad V. Magadum, AGA (for respondents)
Sri Jagadguru Basava Jayamrityunjay Swamiji, Venkanagoud Shivanagoud Kanteppagoudra, Chandrashekhar S. Neginahal, Ningappa Irappa Karikatti
The State of Karnataka, represented by its Chief Secretary, and others
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Nature of Litigation
Writ petition (public law remedy) seeking mandamus for constitution of Commission of Inquiry under the Commission of Inquiry Act, 1952 to investigate police action during a protest
Remedy Sought
Petitioners sought a writ of mandamus directing the respondents to constitute a Commission of Inquiry under the Commission of Inquiry Act, 1952 to enquire into the police action taken on 10-12-2024 at Suvarna Soudha, Belagavi
Filing Reason
Alleged unprovoked and unlawful lathi charge by police on peaceful protestors from the Panchamasali community, resulting in injuries, without following legal procedures under the CrPC or police manual
Previous Decisions
The petitioners had earlier challenged the Deputy Commissioner’s order prohibiting the protest in W.P. No. 107452/2024, which was disposed of permitting peaceful protest except with restrictions on tractors
Issues
Whether the case at hand necessitates Commission of Inquiry to be constituted to enquire into the allegations and contra allegations qua incident that has happened on 10-12-2024?
Submissions/Arguments
Petitioners argued that the protest was peaceful, the crowd included MLAs, and the police lathi charge was unprovoked, illegal, and without any prior notification under the police manual or CrPC. Videos were claimed to show police aggression, and an independent inquiry under the Commission of Inquiry Act was necessary.
Respondents argued that the protestors turned violent and were aggressors; the lathi charge was necessary to prevent a law and order problem. They contended that the protest was not peaceful and that videos showed violence by the protestors.
Judgment Excerpts
the petitioners are the members of Panchamasali Community. They are said to have undertaken peaceful protest all over the area requesting the Government to implement the Government order dated 27-03-2023.
totally unprovoked, the Additional Director General of Police directed the Police to put barricades and indulged in lathi charge
Whether the case at hand necessitates Commission of Inquiry to be constituted to enquire into the allegations and contra allegations qua incident that has happened on 10-12-2024?
Procedural History
The petitioners earlier filed W.P. No. 107452/2024 challenging the Deputy Commissioner’s order prohibiting their protest; that writ was disposed of on 09-12-2024 permitting peaceful protest with conditions. On 10-12-2024, the alleged lathi charge incident occurred. The petitioners then filed the present writ petition seeking mandamus for constitution of a Commission of Inquiry.
Acts & Sections
- Commission of Inquiry Act, 1952:
- Code of Criminal Procedure, 1973:
- Constitution of India: Articles 226, 227
