Bengaluru: The High Court on Tuesday, July 26, refused to stay an order from Madikeri magistrate directing the police to register an FIR against the officers, named by Ganapathy in a video statement hours before his alleged suicide on July 7.
Justice Anand Byrareddy was hearing a petition filed by then ADGP (Intelligence) A M Prasad, and then IGP (Lokayukta) Pronab Mohanty, challenging the magistrate’s order. While DG&IGP Om Prakash had entrusted the investigation to the CID on July 8, the magistrate had directed the police to investigate the same case on July 18.
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.
Justice Byrareddy questioned the IPS officers’ counsel Nagesh, why they were asking to quash the FIR. “If you are innocent, what is there to fear? Let the probe continue,” he said.
The court then asked public prosecutor PM Nawaz to clarify the legal position by July 28 “to expedite the probe.”
Justice Byrareddy observed that the two officers joined hands and challenged the proceedings in a single petition, and engaged the same lawyer. “You are saying the IPS officers have nothing to do with each other. This dilutes your contentions,” he said.
No CBI probe
The High Court 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 after the government counsel said that a private complaint had been filed by Ganapathi’s son before the Judicial Magistrate First Class, Madikeri and also that a case had been registered at the Madikeri town police station. The counsel also informed that a judicial inquiry by retired High Court judge Justice K N Keshavanarayana was underway.
