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Police Violated Nirbhaya Act in Jarkiholi Probe: Petition in HC
The petition alleged that officers of Bengaluru police displayed “gross incompetence by buckling under the pressure of the powerful ruling political class”.
A Bengaluru-based non-government organisation (NGO) on Wednesday filed a petition before the Karnataka High Court, claiming the investigation in the alleged sex tape case involving former state minister Ramesh Jarkiholi violated the provisions of the Nirbhaya Act, 2013.
“Our organisation has filed an information of offences against the top brass of the Karnataka State Police such as Commissioner of Police, Bangalore City Police, DCP of Central Division, Bangalore City Police and the Inspector of Police at Cubbon Park PS for failing to carry out their duties in a disciplined manner, acting in a prejudiced manner against the said complainant as well as the purported victim…,” read the petition filed with the high court, a copy of which is available with HT.
The petition alleged that officers of Bengaluru police displayed “gross incompetence by buckling under the pressure of the powerful ruling political class”. “In the said complaint against the powerful cabinet minister, the complainant is treated like an accused while the accused is treated as though he is the victim,” read the petition.
Adarsh Iyer, the co-president of the NGO, said the contents of the complaint registered by activist Dinesh Kalahalli required an FIR under Section 376 C of the Indian Penal Code. “This section was amended under the Nirbhaya Act, 2013. The failure on the side of the police to file an FIR could invite imprisonment under Section 166 of IPC,” said Iyer.
“Further, the Home Minister and the Commissioner of Police, Bangalore City Police acted upon the letter by accused Ramesh Jarkiholi and formed an SIT of top officers of the Karnataka State Police, which is a gross misuse of political and official power, respectively and at the expense of taxpayers’ money,” the petition added.
The NGO requested the court to take suo motu action on the matter.
A senior police officer, who did not wish to be named, said the department has not violated any norms.
The controversy that led to the resignation of state’s former water resources minister Jarkiholi and the petition against police began on March 2, when social activist Dinesh Kalahalli lodged a complaint of sexual harassment and exploitation against the Bharatiya Janata Party (BJP) legislator.
Kalahalli, however, withdrew the complaint within five days, claiming he was distressed by the allegation that he had lodged the complaint for money. Bengaluru Cubbon Park police, which did not register an FIR demanding the woman featured in the purported tape to appear before them, subsequently dropped the investigation.
On March 11 four days after the activist withdrew the complaint, Karnataka home minister Basavaraj Bommai announced the formation of a Special Investigation Team (SIT) to probe the case. While Cubbon Park police refused to file an FIR on the activist’s complaint, the SIT was formed even without the former minister lodging a complaint. Bommai, however, said the SIT was formed based on the letter sent by Jarkiholi.
Two days later, Jarkiholi filed a police complaint against a group of unknown persons for making a “fake CD” and releasing it to Kalahalli and on social media. “It is an act of blackmailing, defamation, extortion and forgery, he said in his complaint. He added that the CD was a political conspiracy to get him step down from the minister’s post and that some people who could not “digest” his “political growth” were behind it.
Meanwhile, hours after Jarkiholi filed the complaint, a woman claiming to be the person along with the former minister in the purported sex tape, requested the state home minister to provide her family and her police protection.
“This is my request to the home minister (Basavarj) Bommai. I don’t know who and how made this video, but my reputation has been spoiled by this. I’m facing harassment. People are coming to my house and asking me about the video. My father and mother have tried to commit suicide twice,” said the woman in the video addressed to the home minister.
Bommai announced that the SIT will provide protection to the woman. However, she did not respond to the SIT’s notices.
The SIT, meanwhile, picked up five journalists for questioning and conducted multiple raids as part of the investigation. During the probe, two journalists, who were questioned by the SIT, went absconding. Three of the detained men are reporters working with regional TV channels, while the fourth is from Chikkamagaluru and works for a web channel.
“A complaint was lodged by the minister alleging extortion using the sex tape. We are investigating it as per the law. For the woman’s complaint, we have asked her to appear before the police to give a complaint, she still has not done so,” said a senior police officer, on the condition of anonymity.
The case took a political turn when the BJP alleged one of the absconding journalists, Naresh Gowda, has links with the Karnataka Pradesh Congress Committee (KPCC) president, DK Shivakumar. BJP’s social media handles also posted pictures of Shivakumar with the journalist, who is a suspect in the case.
Shivakumar had claimed that there was a conspiracy to drag him in the controversy. “A few BJP leaders, including Basanagouda Yatnal and A H Vishwanath, have spoken about it. A suo motu complaint could have been registered based on their reactions. But the government did not do it,” he told media on Sunday.
