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New Indian Express
3 days ago
- New Indian Express
Karnataka High Court warns against weaponisation of law
BENGALURU: Courts must remain vigilant against the weaponisation of criminal law in civil disputes as the law, when misused, ceases to be a shield and becomes a sword, the Karnataka High Court said while quashing a case under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The court was hearing a petition filed by realtor Vilas Bhormalji Oswal from Solapur, Maharashtra, questioning the proceedings pending before a special court brought about by his business partner under provisions of the IPC and SC/ST Act. 'The complainant, to wreak vengeance or arm-twist the petitioner over a financial dispute, has made use of the criminal justice system. The complaint is a blade of vengeance, cloaked in the garb of law. A criminal trial, if permitted to proceed, would amount to an egregious abuse of legal machinery,' said Justice M Nagaprasanna. The court said apart from the delay of 118 days in lodging the complaint before the Directorate of Civil Rights Enforcement, which sat on it for over three years, no casteist remark was made. A financial dispute between two partners is projected to become a crime, court said. The complainant Somashekara, Oswal and two others were partners in a real estate firm, Green Land Infra, in the city. The dispute surfaced because the petitioner did not sign several documents, resulting in various developments being stalled. The petitioner allegedly threatened the complainant with dire consequences if he did not receive his invested money back from the firm and hurled abuses on December 23, 2020.
Time of India
4 days ago
- Business
- Time of India
When misused, law becomes sword instead of shield: Karnataka high court
Bengaluru: The high court has quashed the proceedings in a five-year-old criminal case filed against a real estate developer by a business partner under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. "The courts must remain vigilant against the weaponisation of criminal law for settling civil disputes. The law, when misused, ceases to be a shield and becomes a sword. The complainant, to wreak vengeance or arm-twist the petitioner over a financial dispute, made use of the criminal justice system," Justice M Nagaprasanna stated while quashing the case against Vilas Bhormalji Oswal. Vilas, from Solapur, Maharashtra, established a partnership with Somashekara from Bengaluru and others for purchasing and developing agricultural land. Disputes arose in 2020 when Vilas refused to sign certain documents, hampering the development projects. Somashekara claimed that during a Dec 2020 meeting in a playground in Jayanagar, Vilas threatened him and made caste-based remarks. A complaint was filed with the Directorate of Civil Rights Enforcement in April 2021. Three years later, police registered an FIR, followed by a chargesheet. Vilas contested the chargesheet and summons in the high court, highlighting significant delays throughout the case. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Esta nueva alarma con cámara es casi regalada en Libertad (ver precio) Verisure Undo He maintained that he said "do not show your caste mindset" during their disagreement. While Somashekara argued that Vilas knew his scheduled caste status and made caste-specific insults, Justice Nagaprasanna found no evidence of casteist slurs in the initial complaint. The judge noted that witness statements on the Dec 2020 incident were recorded only in March 2024, with the case registered in April 2024. The court found significant discrepancies between the original complaint and the chargesheet, particularly regarding caste-related allegations. "The subject complaint is a blade of vengeance, cloaked in the garb of law. A criminal trial, if permitted to proceed on the glaring facts, would amount to an egregious abuse of legal machinery and would undoubtedly result in patent injustice," the judge observed while quashing the proceedings against Vilas.
Time of India
13-05-2025
- Politics
- Time of India
M'luru range to get robust DCRE police stations
Mangaluru: With the Karnataka govt setting up 33 dedicated Directorate of Civil Rights Enforcement (DCRE) police stations across the state to handle cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, work is on to strengthen four such stations in the Western Simon CA, DCRE Mangaluru range, said that the range comprising four police stations in Dakshina Kannada, Udupi, Chikkamagaluru, and Uttara Kananda, which report an average of 25-30 atrocity cases every month, is also focusing on improving the conviction rate. Under the direction of ADGP Arun Chakravarthy, efforts are being made to ensure timely legal aid and compensation to victims, along with thorough investigation to ensure justice, he the DCRE in the range currently operates with about 60–70% of its sanctioned constable strength, the department remains hopeful that more senior officers will be appointed soon to bolster its functioning."The DCRE stations will actively reach out to SC/ST communities to raise awareness about the provisions of the act, and will work in coordination with the social welfare department to ensure eligible beneficiaries receive due support," he DCRE staff review all ongoing atrocity cases regularly. "Every day, reports on cases registered under the act are collected from all police stations in the range and submitted to the headquarters in Bengaluru," he dedicated stations now in place, DCRE officers have full authority to investigate all atrocity-related cases, expediting the legal process. While the DCRE earlier focused mainly on cases like fake caste certificates, it now handles a wider range of atrocity cases. Community members can file complaints at the nearest police station, which are then transferred to the DCRE for investigation. In the 2023-24 budget, chief minister Siddaramaiah announced measures to strengthen the functioning of the DCRE.
