ADARSH G K Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought for the following reliefs:-

(2.) Petitioner claims that he is the General Secretary of Human Rights Defenders Forum, Bangalore and also claims that he is involved in other social service activities through out the State. He seeks for quashing of the order dated 08.12.2017 (Annexure-J) whereunder, respondent No.3 came to be appointed as a Member of the State Police Complaints Authority (for short 'authority') under the category of Civil Society apart from challenging the virus of Section 20C of the Karnataka Police Act, 1963.

(3.) The gist of petitioner's case is that in the light of judgment rendered by the Hon'ble Apex Court in the case of Prakash Singh and Other V. Union of India and Others reported in, 2006 8 SCC 1, Karnataka Police Act, 1963 came to be amended by introducing Section 20C which provides for constitution of State Police Complaints Authority and there was no full fledged State Police Complaints Authority in the State of Karnataka. Hence, complaint came to be lodged by the petitioner before this Court, which was converted into a suo-moto Public Interest Litigation in Writ Petition No.9106/2013, which came to be disposed of by order dated 30.07.2013 (Annexure-E) by recording the statement made by the then learned Additional Government Advocate that State Government would make necessary arrangements for constituting the State Police Complaints Authority. Pursuant to same, an executive order dated 03.12.2010 came to be issued constituting State Police Complaints Authority and thereafter, through ordinance No.2/2012 amendment was brought and subsequently by Act No.30/2012 during the operation of the ordinance, State Police Complaints Authority came to be constituted.