Karnataka HC directs police, EC to train officials in election-related cases

The high court has directed the police authority, Election Commission of India and State Election Commission to provide proper training to the officials regarding registration of cases during the elections.

Justice K Natarajan gave this direction while quashing the proceedings against A Manju, who was BJP candidate from Hassan Lok Sabha constituency in 2019.

The court said that the violation of procedures while registering cases during the elections was continuing in spite of the court quashing several such FIRs. The court also observed that the police were facilitating the accused to escape from the clutches of law even though huge cash was seized by the flying squad apart from other articles.

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“...it is noticed by this Court that these complaints were directly registered by the Police and issuing FIR even without obtaining the order of the Magistrate in non-cognizable offence as required under Section 155 of CrPC. Most of the cases were registered by the Police on the complaint filed by the flying squad, it remains only as an empty formality during the election and finally in most of the cases, the Police file 'B' final report when the candidate elected in the election as a winning candidate or files the charge-sheet against the losing candidate, even though the police knowing very well that in a non-cognizable offence, the FIR cannot be registered without the permission of the Magistrate,” Justice Natarajan said.

The court said that when a non-cognisable offence was committed, the informant had to obtain permission under CrPC section 155(2) and thereafter the police had to register FIR and file the report. The court also said that in respect of offence punishable under IPC section 188, a cognizable offence, the complainant or the flying squad shall not file a complaint before the police under CrPC section 154 (1). In such cases, the complainant can seize the materials by preparing panchanama in the presence of witnesses, based upon the power conferred by the Election Commission of India. Thereafter, the Election Commission of India may authorise the complainant to file the complaint before the Magistrate.

In the case at hand, the complaint against A Manju was filed by one Balakrishna G M, who was appointed as a Flying Squad for the Lok Sabha elections in Hassan constituency. The case was registered under IPC section 188 and section 126 of Representation of People's Act, a non-cognisable offence, for holding a press meet on April 17, 2019 even as a prohibitory order was in force.