‘Bury the hatchet’: Karnataka HC to Kumaraswamy and IPS officer M Chandrasekar in threat case

Chandrasekhar, who heads the Lokayukta Special Investigation Team (SIT) investigating illegal mining cases in which Kumaraswamy is an accused, alleged that on September 28 and 29, the former CM held a press conference where he made false accusations and issued threats. Kumaraswamy also allegedly accused Chandrasekhar of bribery and falsifying documents to remain in the Karnataka IPS cadre.

The Sanjay Nagar police registered an FIR based on a court direction under Section 224 (threatening a public servant) of the Bharatiya Nyaya Sanhita (BNS). Chandrasekhar filed his complaint early in October last year.

Following the registration of the crime, the petitioners, Kumaraswamy and others, moved the high court seeking to quash the FIR. Senior Advocate Hashmath Pasha, appearing for the petitioners, argued that the remarks were not made against the complainant. In response to a court query on whether the offence is compoundable, Pasha submitted that it is.

‘Both of you hold responsible positions’

Following which, the bench orally said, “Both of you are holding responsible positions. You (Chandrasekar) also and the petitioner (Kumaraswamy) also, rather than standing on ego issues, there is no point. Something is said, it is said nothing can be done, rather than getting into an explanation or defence of what has been done, if it is compoundable. Then it is only an off-the-cuff remark. I leave it to both of you to look into but if it could be…then both of you can think about it.”

Further, the court said, “Both of you are in the system only; you are not private individuals. The world is small and both of you will meet each other somewhere. Both of you can think…Take instructions and then we will see what can be done.”

The attorneys for both parties agreed to consider the court’s suggestion.

Justice Sunil Dutt then reiterated, “Don’t stand on ego. Whatever has happened has happened. According to me, in matters of defamation or compoundable offences, we should make serious efforts to ‘bury the hatchet’. I am not on merits. Leaving aside the merits, both of you can withdraw whatever is stated and bury the hatchet. Have a discussion before the next hearing…do it with an open mind.”

The court has now posted the matter for further hearing on February, 19.