'Bald notice' issued to journalist to appear before cops, Karnataka HC pulls up Police Station head

BENGALURU: Noting that a 'bald notice' was issued to journalist Tavaragi Shivaprasad Rajashekhar under Section 41A Code of Criminal Procedure (CrPC) to appear before the police, Karnataka High Court has summoned the Station House Office (SHO) to personally appear before Court.

"There is not even a semblance of procedure followed in the case at hand", the Court observed.

The notice in question, which was stayed by the Court, was issued without the registration of any FIR against the journalist.

The Court therefore directed the personal appearance of the SHO/the signatory of the S.41A notice on June 21.

The matter was being heard by a bench of Justice M. Nagaprasanna.

Senior Advocate Aruna Shyam M appearing for the journalist argued that the notice does not even refer to any crime registered, much less against the petitioner.

"A bald notice under Section 41A of the Cr.P.C. is issued to the petitioner", he contended.

Prima facie agreeing with the journalist petitioner, the Court overruled the office objections raised against the maintainability of his writ petition.

The notice had called upon him to appear before the Station House Officer of Amruthahalli Police Station, Bengaluru, with a second notice issued in the morning on the same day.

Ruling in favour of the journalist, the Court held, "Therefore, there shall be an interim order of stay of the notice dated 06.06.2024 or any other notice issued to the petitioner in the aftermath of the notice dated 06.06.2024".

Cause Title: Sri. Tavaragi Shivaprasad Rajashekhar v. State of Karnataka (WP 15125/2024)