The Karnataka High Court has put a temporary stop on the investigation into the Dharmasthala ‘mass burials’ case. The development comes after 4 ‘motivated activists’, who originally supported the case and demanded FIR registration, moved the court to quash it.
On Thursday (30th October), Justice Mohammad Nawaz passed an interim order putting a stay on the FIR. He was hearing a petition by the activists, Girish Mattannavar, Mahesh Shetty Thimarody, T Jayant, and Vittala Gowda.
How did this all start
The whole case started when a “witness-complainant” came forward. He claimed he had buried many bodies in and around Dharmasthala between 1995 and 2014. Based on this man’s claim, the police registered an FIR under Section 211(a) of the BNS, which deals with failing to give information to a public servant.
But when the Special Investigation Team (SIT) started investigating, they couldn’t find any evidence to support the story. The SIT then arrested the informer on 23rd August for lying. The SIT stated before the magistrate that the man confessed he had been forced, by Thimarody and the other activists, to make the “false” claims.
Once the investigation started focusing on the activists, they quickly went to the High Court to have the entire case thrown out. They argue that the police made a technical mistake from the very beginning. They claim the police didn’t get the proper permission from a magistrate before registering the case, which they say was required for this type of cognisable offence. They also complained that the SIT harassed them.
What the Government says
The government’s lawyer, BN Jagadeesha, argued against this petition. He said the activists were just “taking the judiciary for a ride” and pointed out that they were the ones who wanted the case in the first place.
For now, the High Court has paused the case and asked the Home Department and the SIT to give their side of the story. The next hearing is set for 12th November.
