- 1 - HC-KAR NC: 2025:KHC:40789 WP No. 30222 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 30222 OF 2017 (GM-RES) BETWEEN: 1. SRI. M.G. SHANKARANAYAN S/O GOPALAPPA AGED ABOUT 50 YE ARS DEPUTY SUPERINTENDENT OF POLICE KARNATAKA LOKAYUKTHA BANGALORE CITY DIVISION BENGALURU. R/O DOOR NO.1489 OLD S M ROAD, OPP LIBRARY MALUR, KOLAR DISTRICT-563130. 2. SRI. H.G. MAHESH S/O GIRI GOWDA AGED ABOUT 57 YEARS CIRCLE INSPECTOR OF POLICE PAVAGADA CIRCLE TUMKUR DISTRICT. 3. SRI. M.L. PURUSHOTHAM S/O LAXMAN GOWDA AGED ABOUT 49 YEARS DEPUTY SUPERINTENDENT OF POLICE CHIKBALLAPUR SUB DIVISION CHIKBALLAPUR. …PETITIONERS (BY SRI. SHANTAKUMAR K.C., ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40789 WP No. 30222 of 2017 AND: 1. KARNATAKA STATE HUMAN RIGHTS COMMISSION IV FLOOR, 5TH PHASE M S BUILDINGS, VIDHANA VEEDHI BENGALURU -560001. REPRESENTED BY ITS REGISTRAR. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU -560001. 3. THE DIRECTOR AND INSPECTOR GENERAL OF POLICE NO.2, NRUPATUNGA RAOD BENGALURU -560002. 4. SRI. SHIVAKUMAR S/O C RAMACHANDRA AGED: MAJOR R/O DOOR NO.36, 6TH MAIN 4TH CROSS ROAD, AGRAHARA DASARAHALLI MAGADI ROAD, BENGALURU -560079. …RESPONDENTS (BY SRI. NITIN PRASAD, ADVOCATE FOR R1; SRI. MAHANTESH SHETTAR, AGA FOR R2 & R3; SRI. NITHYANANDA MURTHY P., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE PROCEEDINGS OF THE RESPONDENT NO.1 COMMISSION IN CASE NO.HRC 2873/2009 ON ITS FILE, PERUSE THE SAME AND DECLARE THE ENTIRE PROCEEDINGS - 3 - HC-KAR NC: 2025:KHC:40789 WP No. 30222 of 2017 CULMINATING IN THE IMPUGNED ORDER DATED 24.11.2016 VIDE ANNEX-F AS A NONEST, VOID AND UNENFORCEABLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioners are assailing the order dated 24.11.2016 (Annexure-F) passed by respondent No.1 in HRC No.2873/2009. 2. Heard learned counsel appearing for the parties. 3. Sri. Shanthakumar K.C., learned counsel appearing for the petitioners invited the attention to the proceedings dated 11.07.2011 in which the matter was heard by the Bench consisting of Hon'ble Dr. Justice S.R. Nayak and other two Members and submitted that, a perusal of the impugned order at Annexure-F dated 24.11.2016 wherein the order has been passed by Smt. Meera C. Saxena, Acting Chairman of the respondent - Commission would indicate that the impugned - 4 - HC-KAR NC: 2025:KHC:40789 WP No. 30222 of 2017 order suffers from non application of mind by the respondent - Commission and accordingly, sought to allow the petition. 4. Per contra, Sri. Nitin Prasad, learned counsel appearing for the respondent No.1, sought to justify the action of the respondent No.1. 5. In the light of the submissions made by the learned counsel appearing for the parties, without going to the merits of the case, I have carefully considered the order sheet dated 11.07.2011, wherein the matter was heard and reserved for Orders by the Chairperson and respective Members of the Commission. On careful consideration of the final order dated 24.11.2016 (Annexure-F), wherein the order has been passed by Smt. Meera C. Saxena, Acting Chairman of the Commission, wherein, order is passed without hearing the matter on merits. 6. In that view of the matter, taking into consideration the factual aspects on record, I am of the view that, the order dated 24.11.2016 (Annexure-F) is unsustainable in law and same has to be set aside as the said order has been passed without hearing the parties. Accordingly, I pass the following: - 5 - HC-KAR NC: 2025:KHC:40789 WP No. 30222 of 2017 ORDER (i) The Writ Petition is allowed. (ii) The order dated 24.11.2016 (Annexure-F) passed by respondent No.1 is hereby set aside and the matter is remitted to respondent No.1 to hear the matter afresh, and after affording opportunity of hearing to all the parties, to take a decision in the matter, in accordance with law. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 25