Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Jul 14: The state high court, on ThursdayJuly 13, stayed the prosecution sanction order issued by the state government and further legal processes involving allegation of delivering provocative speech levelled against Rashtriya Swayamsevak Sangh (RSS) leader, Kalladka Prabhakar Bhat.

The single judge bench of the high court presided by Justice Aravind Kumar, before which the writ petition filed on behalf of Bhat came up for hearing, heard arguments and issued stay order against further legal processes in this regard against the petitioner. It also ordered issuance of notices to defendants in the case, state government, secretary in home department, inspector of Puttur police station, and district organizing member of Popular Front of India, Ashraf.

Kalladka Prabhakar Bhat

Popular Front of India leader, Ashraf, had filed complaint against Prabhakar Bhat, alleging that the latter had delivered inflammatory address that had the potential of giving rise to communal frictions at the mega convention organized by Vishwa Hindu Parishad at Puttur during July 2015. The police had registered the case and looked into the issue. Two months back, charge sheet was filed in this case against Bhat after obtaining concurrence from state government.

Advocate Arun Shyam, who appeared on behalf of Prabhakar Bhat, said that the petitioner has been working for an organization that is striving to achieve national integration and that he had delivered an address under the freedom of speech endowed as per Indian Constitution. "Although my client did not deliver provocative speech as alleged, a complaint was lodged against him with malicious intentions. The government, in order to reap political benefit, gave prosecution sanction for the case that is over two years old, without getting evidences investigated through the investigating officer, and without giving any plausible reasons. The fundamental rights of my client have been violated," he argued and sought quashing of the case.

The bench which upheld these arguments, stayed all legal processes against Bhat including prosecution sanction order, and issued notices to defendants.

Prosecuction sanction from the government is mandatory to move against the accused under section 196 of Criminal Procedure Code and 153 of Indian Penal Code. The petitioner has argued that this process has not been scrupulously followed.