Nov 30, 2014 06:54 PM
106491 Views
Over months now v were under a lot of confusion and dilemma. The Bengaluru Vibgyor issue is now becoming clearer. We can now look beyond the happening in schools across Bengaluru bringing us much shame and making us so much more insecure. Its good that the HC has given an impartial ruling inn this case.
The Karnataka High Court on Monday directed the state government to hold seminars, workshops and programms to educate Taluk Executive Magistrates(TEMs) who have vital powers under the law.
Justice K N Phaneendra gave this direction while hearing a petition filed by Rustom Kerawala, chairman of Vigyor High, Bengaluru, seeking the quashing of the proceedings initiated on July 24 by a TEM on an application by the police.
Kerawala was booked in the rape case of six-year-old girl which took place on the school premises. The father of the victim had alleged that he had been receiving threatening calls. The police, acting on his complaint, had requested the TEMs to take appropriate action under Section 107 of the CrPC(security for keeping the peace in other cases). On the basis of the complaint, the TEM had issued a notice to Kerawala. Later, Kerawala challenged this in the HC.
During the hearing, Kerawala pleaded that the TEM’s notice is a computerised order with certain blank spaces. In the notice, the TEM has not filled anything except filling up the case number, date and the provision of law and signature. It has been given without regarding the facts of the case, he said.
The court, after looking at the notice, came down heavily on the TEM and quashed the proceedings initiated Kerawala. It observed, “In spite of issuing directions on several occasions, the TEMs are repeatedly passing such type of illegal orders. It is not only causing harassment to the persons against whom such proceedings are initiated, but will also take away the valuable right of the complainant who appear before the TEMs. The government has to take serious view on this particular point and hold refresher courses to enlighten TEMs.” The court also directed the government to initiate action against magistrates who continue to pass such orders even after training and directions.
