SC stays non-bailable warrants issued by Karnataka High Court against police chief

The Supreme Court on Thursday stayed the Karnataka High Court's order issuing non-bailable warrants against the DG and IGP for personal presence in a matter related to transfer of a deputy superintendent of police.

A bench of Chief Justice S A Bobde and Justices B R Gavai and Surya Kant passed the order after hearing briefly the submission by Solicitor General Tushar Mehta, on behalf of the Karnataka government and the police chief, Praveen Sood.

The court has decided to take up the issue after the end of the listed matters, as Mehta sought an urgent hearing.

The High Court had on February 18 issued non-bailable warrants against Sood, the DG and IGP after being irked over lack of assistance from the department in the service-related matter.

The High Court was then hearing a writ petition filed by one S S Kashi, Deputy Superintendent of Police, challenging the order of December 16, 2019, by the Karnataka State Administrative Tribunal (KSAT), declining to stay his transfer to CCB, Bengaluru.

The KSAT had held that the employee concerned had no vested right or interest to be posted on a particular place or post.

In the special leave petition, it was contended that the police chief was held up because of the fact that both houses of the Karnataka Legislative Assembly were discussing the issue regarding the incident of police firing at Mangalore during the course of the day.

He, along with the team of his officers, was occupied in furnishing the relevant information to enable the government to prepare the reply in the Assembly.

The IG (Administration), who is himself a senior police functionary had appeared in person on behalf of the police department. By the time the police chief had received the necessary communication and was preparing to reach the court, the High Court had risen for the day after passing the order for the NBW.