Guest Column: Karnataka CID, judicial panel can both continue investigation
The Magistrate was bound to issue such a direction to the police. In fact, this whole process has been needlessly delayed.
There is zero surprise in the judgement passed by the Principal JMFC Court in Madikeri on Monday. The Magistrate was bound to issue such a direction to the police. In fact, this whole process has been needlessly delayed.
The police themselves should have filed an FIR against these three people immediately after the death of DySP M.K. Ganapati. It is shameful that Chief Minister Siddaramaiah, Law Minister T.B. Jayachandra and Home Minister Dr G. Parameshwar publicly came out with their deeply flawed and messed up understanding of criminal law and procedure to say that no FIR was possible in this case.
Their immediate decision to transfer the inquiry to the CID and setting up of a judicial Enquiry Commission clearly goes to show that the state government was very keen to pervert the course of law and justice by preventing the filing of an FIR in this case.
Legally, there is no bar for the CID to continue with their inquiry. Similarly, there is no bar for the enquiry commission to commence its inquiry, though neither of them will be necessary now. It is only when either of these two bodies summons one of these three people that one of them can complain about the functioning of these bodies.
Until then, there is no legal impediment for their functioning. There never was a criminal investigation so far in this incident. It will commence for the first time once the Madikeri police lodges an FIR following Monday’s direction.
The Madikeri police are now expected to commence an impartial and a fearless investigation into the incident. They have numerous powers including the power to arrest the accused or any other person if necessary.
However, there is no compulsion for the police to arrest any person and they should not arrest any person unless they have a good reason to do so. They cannot say that they would arrest a person merely because they have the power to do so.
The government is, of course, free to transfer the investigation to the CID or any other police force in the state. Still, if the investigation is not carried out effectively, the family members of Ganapati could petition the High Court and request that the investigation be entrusted to the CBI which is independent of the state government.