Writ Petition No. 6914 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17295 WP No. 6914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6914 OF 2025 (GM-POLICE) BETWEEN: NADOJA DR. MAHESH JOSHI AGED ABOUT 68 YEARS, S/O LATE SHRI HANUMANT BHAT JOSHI, PRESIDENT, KANNADA SAHITYA PARISHATTU, R/AT NO. 10, GURU GOVIND KRUPA, 16TH MAIN ROAD, R.K.LAYOUT, 3RD STAGE, PADMANABHANAGAR, BENGALURU – 560 070. (BY SRI UDAY SHANKAR M., ADVOCATE) AND: …PETITIONER Digitally signed by NAGAVENI Location: High Court of Karnataka 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE ADDITIONAL CHIEF SECRETARY AND HOME SECRETARY DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KARNATAKA, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU – 560 001. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, - 2 - NC: 2025:KHC:17295 WP No. 6914 of 2025 HEAD OF KARNATAKA POLICE FORCE, NRUPATUNGA ROAD, BENGALURU - 560 001. 4. THE COMMISSIONER OF POLICE BENGALURU CITY, ALI ASKER ROAD, VASANTH NAGAR, BENGALURU – 560 001. 5. ADDL. DIRECTOR-GENERAL OF POLICE AND HEAD OF STATE INTELLIGENCE STATE POLICE HEADQUARTERS, NRUPATHUNGA ROAD, BENGALURU – 560 001. 6. THE SUPERINTENDENT OF POLICE MANDYA DISTRICT, H K VEERANNA GOWDA ROAD, MANDYA – 571 401.
Legal Reasoning
(BY SRI RAHUL CARIAPPA K.S., AGA) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE IMMEDIATE AND ADEQUATE POLICE PROTECTION TO THE PETITIONER INCLUDING 24X7 GUN MEN IN LIGHT OF THE GRAVE THREATS TO HIS LIFE AND ALSO IN ORDER TO FACILITATE THE DISCHARGE OF HIS OFFICIAL DUTIES AS PRESIDENT OF THE KANNADA SAHITYA PARISHATTU WITHOUT FEAR OR HINDERANCE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17295 WP No. 6914 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondent to provide immediate and adequate police protection to the petitioner including a round-the-clock gunman inline with the
Decision
order passed by this Court in WP.No.12559/2000, disposed on 28.03.2003. 2. Heard Shri Uday Shankar M.A., learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for the State. 3. Facts in brief germane are as follows: The petitioner is said to be the President of Kannada Sahitya Parishattu (hereinafter referred to as the 'Parishattu' for short), which was established in the year 1915. The century old organization strives to promote Kannada language, culture, literature through conducting various examinations, publishing books, organizing literary seminars and promoting research projects etc. It also organizes annual All India-Conference on - 4 - NC: 2025:KHC:17295 WP No. 6914 of 2025 Kannada language, literature, art, culture, etc. called "Akhila Bharata Kannada Sahitya Sammelana". 4. The Parishattu is an autonomous organization established in the interest of Kannada, Kannadigas and Karnataka, is said to be always at the forefront and has around four lakh life members as on January-2025. 5. The petitioner was elected as 26th president of the Parishattu on 24.11.2021. It is the averment in the petition that he has the distinction of being the only candidate, who won the Presidentship with a record margin defeating twenty other candidates. The petitioner's turn is for a period of five years, which is said to be coming to an end on 23.11.2026. The issue in the lis is not with regard to the term of the petitioner in the Parishattu. The further averment of the petition is that, the petitioner has made several complaints against officials including the officials of the Central Bureau of Investigation and on registration of such complaints, the petitioner has faced several threats to his life. He was earlier granted police protection, as per the directions of this Court in view of the - 5 - NC: 2025:KHC:17295 WP No. 6914 of 2025 threats to his life, in WP.No.12559/2000. The said judgment is said have attained its finality. 6. The issue now is, the petitioner is necessary to move all over the State and has several threats throughout the State. Averment in the petition is the threat faced by the petitioner from time to time. Therefore, those threats are being made with a sole intention to create fear in the mind of the petitioner and to thwart the discharge of public duties by the petitioner. 7. The petitioner quotes several instances in the petition with regard to the threat faced by the petitioner; one Shri Jayaprakash Gowda in a televised press conference is said to have referred to the petitioner and said: "Inspite of creating so many controversies in the land of Mandya, he has gone back safely. If we don't teach him a lesson, how can he learn?” and one Shri C. Kumara in a recorded message sent from his mobile number to the petitioner's mobile number is said to be explicitly saying "If the District in-Charge Minister and Mandya District Legislators had given me permission, I would - 6 - NC: 2025:KHC:17295 WP No. 6914 of 2025 have beaten you like a dog on the stage... Aye Joshi, you b*****d, you want to file a case? See what I'll do!, "You want to file a case, file it! If the District In charge Minister had given signal, I would have crushed you to death! If you have the guts, come to Mandya." and another person Shri Kasaravadi Mahadevu is said to be saying "We will not allow him (petitioner herein) in any function in Mandya not even in small meeting/discussions. He is going to be there four two to three years... see what we will do to him." (Page 10, para 15 C of the attached transcript). Further he said, "Let him step in to Mandya, we will teach him a befitting lesson and should seek an apology from you (media persons) and not before any other persons but in front of you and that too in this place/venue only". In the light of the aforesaid circumstance, the petitioner requests for grant of police protection and a round-the-clock security by deployment of a gunman. That having not been - 7 - NC: 2025:KHC:17295 WP No. 6914 of 2025 given has driven the petitioner to this Court in the subject petition. 8. The learned Senior Counsel representing the petitioner would vehemently contend that the earlier order dated 28.03.2003 concerning the very petitioner would submit that the order captures the threat against the petitioner and had passed the following order: "The petitioner in this writ petition has sought for direction to the respondent directing him to issue necessary orders to the concerned and further direct them to post PSO at the residence 3rd cross, Bangalore-72. Canara Bank Colony, No.117, upstairs, Nagarbhavi Road, 2) The case of the petitioner is that in view of the fact that he has filed several cases against the CBI Officers and others, they are sending some threatening calls and therefore in view of the fact that there is an apprehension of danger has filed this petition seeking for protection. a direction to provide police 3) The learned Govt. Pleader, on instructions submits that so far as the residence referred to in the prayer column is concerned the police have already given protection. In view of this I find it unnecessary to issue any directions. Further if there is any threat to the life of the petitioner or to the threat as against the petitioner and members of his family the same may be brought to the notice of the concerned police and in that event the concerned police are directed to take necessary action in order to protect the life of the petitioner and members of his family. 4) If there are any instances of any criminal act committed against the petitioner, it is open for the jurisdictional petitioner the concerned to move - 8 - NC: 2025:KHC:17295 WP No. 6914 of 2025 Magistrate under Sec.200 of the Code of Criminal Procedure in the event the police fail to register the case on the complaint of the petitioner. 5) With the above observation, writ petition is disposed of." In the light of the submission, as also the fact that the petitioner is projecting serious threat by quoting certain illustrations, as noticed hereinabove, this Court directed a threat assessment/analysis report to be placed before the Court. 9. The threat analysis report is placed before the Court. The report has several instances of threat perception projecting in real time, but only at particular places in the State of Karnataka. 10. In the light of the threat perception being at several places, in the State of Karnataka, I deem it appropriate to direct the respondent - State to accord such police protection to the petitioner, in terms of the order passed earlier and also provide the services of a personal security/gunman, as and when sought for, when the petitioner is wanting to travel in the State / particularly, where the threat to the petitioner is in real - 9 - NC: 2025:KHC:17295 WP No. 6914 of 2025 time. Whenever the petitioner travels, the jurisdictional Police, therein shall accord such police protection. 11. With the aforesaid observations, the petition stands disposed. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 11