Karnataka High Court reprimands Bengaluru Police over the arrest of Hindu Rashtra Samanvay Samiti member Mr Mohan Gowda

Bengaluru (Karnataka) - For the second consecutive day, the Karnataka High Court strongly reprimanded officers of Bengaluru's Whitefield Police Station.

High Court's sharp remarks against the Police during the hearing

Police power is not a licence for Police tyranny

The uniform worn by an ordinary person upon becoming a Police officer does not automatically exempt them from constitutional discipline. Every Police power carries with it the responsibility to exercise that power impartially, reasonably and only for the purpose for which it has been conferred. Police must exercise restraint, if not in every case, at least in some cases. Police power is not a licence for Police tyranny, as appears to have happened in this case.

Why was there such urgency to arrest him?

The Judge asked the Police: When you issued a notice under Section 35(3) and asked him to appear three days later, what was the urgency during that intervening period?

Who would voluntarily agree to go to a 'sacred' place like a Police station?

When the Police argued that Gowda had voluntarily agreed to come to the Police station, the Court responded, "Is that believable, sir? Who would voluntarily come forward saying, 'Yes, I want to go to the Police station, to that "sacred" place'?" The Court further clarified that it was not shielding any accused from a lawful enquiry. If the person fails to appear on the date specified in the notice, the Police may take legal action, but not before that.

Police power is not a licence for Police tyranny

Once the procedure under Section 35(3) is invoked, the Police must follow it. A person may be taken into custody only if they fail to cooperate with the enquiry. The procedure cannot simply be bypassed. Police power is not a licence for Police tyranny, as was done in this case.

Police cannot become the law themselves

In a constitutional democracy governed by the rule of law, the Police cannot become the law themselves. They are equally bound by the Constitution and the commands of the law, just as the citizen against whom they take action is.

Power of arrest cannot become an instrument of exploitation

The power to arrest cannot become an instrument of exploitation, and the authority to enforce the law cannot itself be used to circumvent the law.

Rename Whitefield Police Station as Darkfield Police Station!

The Court strongly reprimanded the Police, remarking that Whitefield Police Station should now be renamed 'Darkfield Police Station'.

Director General of Police ordered to circulate arrest-related directions to all Police stations in the State

Justice M. Nagaprasanna directed the Director General and Inspector General of Police to submit a compliance report on statewide guidelines by 25 September 2026. These guidelines require strict compliance with Supreme Court judgments concerning safeguards against arrest. Officers who violate the law may also face departmental enquiry and punitive action. The officers who appeared before the Court were directed to remain present at the next hearing as well. The interim order staying proceedings against Mr Gowda was extended, and the next hearing in the case is scheduled for 25 September.

What is the case?

Mr Mohan Gowda Mr Mohan Gowda had earlier submitted an application at Whitefield Police Station stating that Kunal Kamra's programme could disturb religious harmony. The programme was scheduled to be held at Uru, within the jurisdiction of Whitefield Police Station. Following Gowda's demand, the programme was cancelled. He then posted on Facebook describing the cancellation as a 'victory of Hindu unity'. Thereafter, Whitefield Police Station registered a case under Section 217 of the Bharatiya Nyaya Sanhita, relating to furnishing false information intending to cause a public servant to use lawful power to the injury of another person, and Section 353, relating to statements conducive to public mischief. On 5 August, Mohan Gowda was served a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita directing him to appear before the Police within three days. Under Section 35(3), in offences punishable with imprisonment of up to seven years, Police are required to first issue a formal notice to appear rather than arrest the accused immediately. However, before the three-day period specified in the notice had expired, Police travelled to Udupi and arrested Gowda. Gowda then approached the Karnataka High Court.

Court's remarks against Police on 28 August

Arresting people even before the date specified in the notice has become the modus operandi of Whitefield Police Station!

A Police constable at Whitefield Police Station suddenly develops concern overnight about an imaginary disturbance to social harmony, and the petitioner is accused of causing such disturbance merely because he posted that the incident was a 'victory of Hindu unity'. Whitefield Police Station appears to be repeatedly violating the law, as such violations by this Police station have repeatedly come before this Court. A notice directing the petitioner to appear on a later date is used, yet he is arrested three days before the scheduled date. This appears to have become the modus operandi of officers working at Whitefield Police Station.

If the Deputy Commissioner of Police does not appear, we will summon the Commissioner himself; Court warns Police

The Court summoned the Deputy Commissioner of Police, Assistant Commissioner of Police and the Police constable involved in the arrest to appear at the next hearing on 29 August. It also warned, "If the Deputy Commissioner does not appear, we will summon the Police Commissioner himself."

Police station had earlier been fined ₹3 lakh

Earlier in the same week, Justice Nagaprasanna had strongly criticised Whitefield Police for following a similar procedure in another case. In that matter, the Judge declared a person's arrest illegal and imposed a fine of ₹3 lakh on the Police.