Introduction
The Indian judiciary is bundled with cases of lathi-charge by police, the atrocities of the police on people who are exercising their right to showcase their dissatisfaction with the government. The police response to the activity of the public would only be considered valid if done in the right direction. Were police irresponsible while acting in the situation? The protestors gathered to peacefully do the protest, which was instigated due to the action of the police
Background
The Panchamasali community protestors were lathi-charged by police. The people of this community were protesting for their inclusion in the 2A reservation category. The protest was to be conducted in a peaceful way but turned into chaos due to the intervention of police. The response led to public outrage and the filing of a PIL in the high court against the abuse by the authority. The court directed the authority to conduct a detailed survey of whether the action of the police was justified or not. The writ of mandamus was issued to the state to constitute a commission of inquiry in terms of the Commission of Inquiry Act,1952, on the subject matter, and the appointed commission of inquiry should be a single member or multi-member headed by a retired judge of the court. The report of the commission was to be submitted within 3 months as ordered by the high court. the high court further said to look deeply into the matter as to what made authorities start lathi charge when the protest was going peacefully. the serious question of fact arose from the recording of the incident. the reason for the lathi-charge was missing as there was no valid explanation given by the authorities in terms of it. The learned advocate general made a feign attempt in submitting that the protestors were drunk and in such an inebriated state, the aggression happened. In March 2023, the BJP government rejigged the quota system and created a new 2D category of Lingayats, including Panchamasalis, with a 7% quota. The government backtracked on the move when new reservation – especially cancellation of the 4% quota for Muslims in OBC category in Karnatak was challenged. After the Congress government came into power, the Panchamasalis community demanded the implementation of the reservation as notified by the previous BJP government. This contention of the community was declined by the government as they said they would stick to the old rule of supreme court category division. this led to the protest on 10th December 2024
Key points
Commission of Inquiry Act 1952, Panchamasali community, 2A reservation category, OBC category .
Recent development
Karnataka high court took cognizance of the lathi-charge on the protestors and directed the state government, home ministry, and police department for clarification on the incident
Swamiji said they requested the government to cancel the FIR filed against 12 people. “We also sought an apology from the Chief Minister Siddaramaiah. However, he did not respond to our requests, and hence, we approached the high court. Senior advocate Prabhuling Navadagi and Pooja Savadatti are representing us in the court,” he stated.
Meanwhile, he criticized the government’s move of rewarding police officials who resorted to the lathi charge on Panchamasali protesters.
The investigation ruled out by the home minister cited that police were transparent and responsible with their work, and there were no irregularities on the part of the government.
Conclusion
This case undermines the fragile balance between the maintenance of public order and the protection of citizens. India, being a democratic country, grants right to its citizens the right to criticize the government. On the other hand, the role of the High Court of Karnataka depicts the judiciary’s eminent way of maintaining a balance between both.
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WRITTEN BY PALAK CHAUHAN
