Bengaluru, May 29 (PTI) The Karnataka High Court on Thursday orally asked BJP MLC N Ravi Kumar to extend a direct apology to Kalaburagi Deputy Commissioner Fauzia Tarannum over his controversial remarks, which led to an FIR being lodged against him.
A vacation bench comprising Justice Suraj Govindaraj was hearing Kumar's plea seeking to quash the FIR registered by Station Bazar Police in Kalaburagi.
The FIR invokes several provisions under the Bharatiya Nyaya Sanhita (BNS), 2023, including Sections 197, 224, 299, 302, 351, and 353, along with Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
"These are not the kind of statements that should be made," the judge remarked during the hearing, drawing parallels with a recent Supreme Court case involving a sitting minister in Madhya Pradesh. "You are no different. You cannot be making such statements."
Addressing the 'Kalaburagi Chalo' rally organised by BJP leaders on May 24, Ravikumar said, "This DC office has lost independence, despite being the DC madam is following what they (Congress govt/Ministers) say, whether she has come from Pakistan or how she became an IAS officer I don't know. Looking at you (crowd) applauding, she seems to have come from Pakistan."
Appearing on behalf of the petitioner, advocate Vinod Kumar M informed the court that an apology had already been offered. However, Justice Govindaraj insisted that the apology must be accepted by the person concerned.
"You make your apologies to the lady in question and let her accept it. Place that on record, and then we will consider the matter, not until then," the court said.
The judge further observed, "This is completely unnecessary. Please apologise to her, let her accept it, and place it on record. Until then, it's difficult for us to proceed."
The petitioner's counsel argued that no statement targeting the community of the complainant was made, and hence the invocation of the SC/ST (Prevention of Atrocities) Act was not justified.
Countering this, Additional State Public Prosecutor B N Jagadeesha said that the contents of the complaint only partially reflect what was actually said in the video clip in question. He sought time to submit objections.
In its interim order, the court recorded that the ASPP accepted the notice on behalf of the first respondent and directed that a notice be issued to the second respondent, returnable by June 19. The court also asked the HCGP (High Court Government Pleader) to submit the video evidence on a pen drive and provide a copy to the petitioner's counsel.
Additionally, the court recorded the ASPP's assurance that no coercive action would be taken against Kumar as long as he cooperates with the investigation. It also acknowledged the petitioner's submission that he had apologised and asked for an affidavit to be filed by the next hearing.
Before concluding, the judge advised, "Please speak to her also. If she accepts the apology, place it on record."
To Kumar's counsel, the court said: "Advise your client properly. Bring closure to the matter. Don't escalate it. It should not have happened in the first place. Now that it has, mitigate it."