Karnataka HC Pulls Up Whitefield Police Over Custody of Man in Kunal Kamra Case

The Karnataka High Court has heavily criticized the Whitefield Police over the manner in which officers took a petitioner into custody following his social media post about the cancellation of comedian Kunal Kamra's show in Whitefield.

Justice M Nagaprasanna heard the petition on Friday, filed by Mohan Gowda of the Hindi Rashtra samanvaya samithi. Gowda approached the court to challenge a case registered against him under provisions of the Bharatiya Nyaya Sanhita (BNS).

The issue began after a proposed comedy show by Kunal Kamra in Whitefield was opposed by Gowda, who submitted a representation to Whitefield Police. After Kamra announced the cancellation of the performance, Gowda posted on social media calling the cancellation a "victory for Hindu unity." Whitefield Police subsequently registered a suo motu case against Gowda, alleging that his online remarks caused disharmony in society.

During the hearing, Gowda's advocate, Girish Bharadwaj, informed the court that police officers traveled from Bengaluru to Udupi and picked up the petitioner at 2:00 am as if he had committed a heinous offense. Gowda was then brought back to the Whitefield Police Station.

The court heard that officers issued a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) requiring Gowda to appear before them within three days, despite him already being held in police custody. The notice was reportedly handed over to him near the station after he had been secured.

The High Court observed that the notice was utilized to take Gowda into custody three days prior to the date fixed for his appearance. Justice Nagaprasanna stated that Whitefield Police "appears to have been violating the law time and again," noting that the court has repeatedly encountered such procedural infractions from the station and describing it as the "modus operandi" of personnel there.

The High Court directed senior police officials, including the Deputy Commissioner of Police and Assistant Commissioner of Police, to address the alleged violations.