- (1.) Leave granted.
(2.) This appeal is filed against the final judgment and order dated 16.05.2012 passed by the High Court of Karnataka at Bangalore in Writ Petition No. 7623 of 2012 whereby the Division Bench of the High Court constituted a Special Investigation Team (SIT) to investigate into the broadcasting of certain news items by certain television channels on 02.03.2012 regarding scuffle between advocates, police and media persons in the premises of the City Civil Court Complex, Bangalore.
(3.) Brief Facts: (a) On 02.03.2012, Shri Janardhana Reddy, former Minister in the Government of Karnataka was sought to be produced by the CBI, Bangalore Branch, in the Court of 46th Additional City Civil and Special Judge, CBI at Bangalore City Civil Court Complex in a case which invited considerable public attention. The electronic as well as the print media were in the precincts of the Court so as to film and make video coverage and publish the news regarding the production of the former Minister. (b) A large crowd gathered in the court premises caused a great deal of inconvenience, as a result of which, scuffle ensued between advocates, police and media persons and simultaneously violence broke out and the police resorted to lathi charge in which several persons got injured. A number of vehicles were also damaged and destroyed due to stone pelting and arson. Over 191 cases were registered in regard to the above said incident against the police, advocates, media persons, public etc. under various categories in various police stations of the City. (c) On 06.03.2012, Advocates Association, Bangalore-the appellant herein, registered under the Karnataka Societies Registration Act, 1959, submitted a representation to the Chief Minister of Karnataka to take suitable action against the police atrocities committed on the advocates on 02.03.2012. Subsequently, on 07.03.2012, the General Secretary of the appellant- Association filed a detailed complaint in the jurisdictional police station wherein the names of the police officers who were involved in the said incident were given. (d) On the very same day, i.e., on 07.03.2012, the Government of Karnataka issued a Government Order (GO) and appointed the Director General of Police, CID, Special Units & Economic Offences as the Inquiry Officer to conduct an in-house inquiry into the matter. On 10.03.2012, the Registrar, City Civil Court, Bangalore, lodged a complaint with the Ulsoorgate Police Station for causing damage to the property of City Civil Court, Bangalore which came to be registered as FIR No. 206/2012 under Sections 143, 147, 323, 324, 427, 435 read with Section 149 of the Indian Penal Code, 1860 (in short 'the IPC') and Section 3(1) of the Prevention of Damage to Public Property Act, 1984 against unknown persons. On 19.03.2012, the Director General of Police submitted his report stating that the officers on bandobust failed to exercise adequate and proper supervisory control on the policemen while controlling the situation, which resulted in excesses committed by some of the policemen, and the police personnel responsible for excesses could not be easily identified. (e) Several writ petitions came to be filed before the High Court seeking various reliefs inter alia including direction to the State Government to entrust the investigation to the CBI. On 26.03.2012, the President of the appellant-Association filed an affidavit in the writ petitions, viz., 7623 and 8328 of 2012 appraising the court about the dismal progress in the investigation carried out by the police. In view of the same, on 29.03.2012 and 02.04.2012, Assistant Commissioner of Police filed an affidavit and counter affidavit respectively stating the status of the investigation. It was further stated that the State Government has accepted the report of the Director General of Police and he has been directed to conduct further inquiry. Several documents, records and other details were produced before the High Court during the course of the proceedings. (f) The High Court, by order dated 16.05.2012, constituted a Special Investigation Team (SIT) headed by Dr. R.K. Raghavan, a retired Director of the CBI as Chairman and Mr. R.K. Dutta, Director General of Police, CID, Bangalore as Convenor along with other police officials to investigate into the incident with reference to the complaints lodged by the police, advocates as well as media against each other and to conclude the same within 3 months from the date of the Government Notification. In pursuance of the same, the State Government issued a series of Notifications constituting and reconstituting SIT for reasons of non-availability of officers to be its members. (g) Being aggrieved of the impugned order, this appeal has been filed by way of special leave before this Court. On 19.10.2012, this Court rejected the prayer of alteration of the investigating agency and directed the SIT to commence the investigation forthwith and submit a report within 3 months from the date of the order. Pursuant to the same, the State Government issued notifications dated 03.11.2012, 13.11.2012 and 17.11.2012 for appointing and substituting various officers in the SIT. On 12.12.2012, the State Government filed an application seeking extension of 6 months' time to investigate the case. In January, 2013, the State Government filed a similar application for an extension of 6 months to submit a report. (h) Being aggrieved of the fact that in spite of a lapse of over 1 year from the date of incident, the investigation has not even commenced even after the orders of the High Court dated 16.05.2012 and this Court dated 19.10.2012, the appellant-Association filed a contempt petition. (i) Interlocutory Application being No. 8 also came to be filed in the above said special leave petition to direct the SIT to hand over the investigation to the CBI in view of this Court's order dated 19.10.2012.;