Supreme Court stays non-bailable warrant issued by Karnataka High Court against Praveen Sood

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 Solicitor General Tushar Mehta, mentioned the matter for urgent hearing on police chief, Praveen Sood.

The court decided to take up the issue after the end of the listed matters as Mehta contended that the matter was serious as the HC directed the Home Secretary to execute the NBW upon the police chief.

The HC had on February 18 issued the non bailable warrants against Sood, the DG and IGP, for February 25, irked over “lack of assistance from the department” in the service related matter.

The HC 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, declining to stay his transfer to the Central Crime Branch, Bengaluru. The officer questioned his transfer which was justified by the department on grounds, including the fact that he faced a “trap (corruption) case” by the Lokayukyta police.

The KAT 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 that the 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, alongwith the team of his officers, was occupied in furnishing the relevant information to enable the government to prepare the reply in the Assembly.

The I G (Administration), 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, the plea stated.

The police head also claimed he was not connected to the transfer as he had joined the post only in February while the writ petition by DySP was filed on January 31.