Synopsis: The Court observed that, given the sensitivity of the issue of the Bangalore Riots, protection under Section 9 of the Act, which protects commissions from legal action for any act performed in good faith, was very necessary.
In compliance with the provisions of the Commissions of Inquiry Act, 1952, the Karnataka High Court today ordered the state government to consider, empowering Justice (retd) HS Kempanna, who was recently appointed as Claims Commissioner to determine the harm caused to property during the Bangalore Riots.
When the matter was taken up for a hearing today, petitioner Advocate Shridhar Prabhu argued that powers under Sections 4 (Powers of Commission), 5 (Additional powers of Commission) and 9 (Protection of action taken in good faith)of the Act, had to be given to the Claims Commissioner.
The Division Bench, led by Chief Justice Abhay Shreeniwas Oka, observed that protection under Section 9 was very important because it was a sensitive topic concerning the Bangalore Riots.
This is a sensitive matter and nobody can subject any form of litigation to the former high court judge, CJ Oka said.
The said law prohibits commissions, in pursuit of their authority, against legal action over any act undertaken in good faith. It states that no suit or other legal proceedings shall be taken against the government, the Commission or any member thereof, or any person acting under the authority of either the appropriate government or the Commission, in respect of anything done or expected to be done in good faith in compliance with this Act or any rules or orders given under it or in respect of the law. In addition, MB Nargund, Additional Solicitor General for India, argued that the Central Government was strongly considering the transfer of those matters to National Inquiry Agency (NIA).
Furthermore, the Bench held the view that if the issues were to be shifted to NIA, at the next hearing the question of infrastructure could be investigated.
The Bench followed these findings in a series of pleas presented in connexion with the Bangalore Riots that took place on 11 August.
On that day, near DJ Halli Police Station in East Bangalore, a crowd of about 300 people gathered to condemn an allegedly negative Facebook statement on Prophet Mohammed posted by one P Naveen, Congress nephew of MLA Akhanda Srinivas Murthy.
The matter has been adjourned to 29th September.