IN THE COURT OF THE XXIII ADDL.

CITY CIVIL AND SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT AT BANGALORE P.C.R. No.58 of 2012 BETWEEN: Abraham T.J AND: H.D.Deve Gowda and Ors MEMO The Complainant has been advised to bring to the kind notice of this Hon’ble Court, a genuine perception amongst many persons that there is a severe threat to the life of the Complainant due to the fact that he has exposed several persons with positions of great power and wealth who were arrayed as the accused in this very case. A body of persons who have greatly suffered due to the illegality, fraud and corruption perpetrated by these very accused, called as the BMICP Sufferers CoOrdination Committee had petitioned the Commissioner of Police, Bangalore City and the Principal Secretary, Home Department on 06Nov-2012 seeking police protection and security to the Complainant herein in view of such threat. The Complainant has been advised to bring to the kind attention of this Hon’ble Court that even as of this day, both the Commissioner of Police and the Principal Secretary have deliberately turned a blind eye to the aforesaid requisition despite frequent pleas and reminders by the BMICP Sufferers Co-Ordination Committee. These developments, the Complainant has been advised, are to be brought to the kind notice of this Hon’ble Court. Accordingly, the Complainant has submitted as in above Date: 14-Dec-2012 Place: Bangalore Complainant (Abraham T.J) Accused Complainant

Today, arguments were made by Dhananjay Sir, who represented the Complainant Mr.TJ Abraham: Dhananjay Sir: Nearly 400 years ago, it was said by the English Courts that every Court of Justice has an inherent power to protect persons who knock on its doors. Courts here have followed that principle and I am invoking that very principle today. This Complainant gave a complaint to the Commissioner of Police seeking protection on 06-Nov. More than a month later, nothing whatsoever has been done by the Commissioner. Is it possible that the Commissioner is short of police personnel? Hardly. We see plenty of policeman watering plants, washing dishes and entertaining kids in homes of the influential who probably don't have any threat to their life. Or is it that the Commissioner does not know anything about the representation that was given to him on 06-Nov? Well, even assuming that he knew nothing about this man's requisition, the fact is that after the Memo was filed to this Court on 14-12, nearly all the papers have reported about this requisition. So, the Commissioner of Police for the City of Bangalore might not have been able to avoid this requisition

information which has been flashed in nearly all the papers in the town. Has he provided any police security in the past two days? Not at all. He could have simply sent in a police constable this morning to the complainant and I could not have argued anything today before this Court. Yet, why then is the Commissioner of Police so reluctant to protect this complainant? It is therefore necessary for this Hon'ble Court to summon the Police Commissioner to explain his inaction in the matter. Dhananjay Sir: Now, let us see whether Mr.Abraham's apprehension is reasonable or not. In the past few months, under the gaze of this very police commissioner, two whistle blowers were hacked to death in broad daylight. One was Mahantesh, a Government employee in the Societies Registration Department who was speculated to have discovered massive financial fraud in the name of housing societies. The other is Lingaraju, a complainant to the Lokayukta Police. If only the Commissioner has an intelligence department that looks out for potential victims based on past pattern of crime, that department is bound to place the head of Mr.Abraham as the next casualty. What has the Police Commissioner done so far to protect this man? Nothing. So, such an adamant attitude needs an explanation. Dhananjay Sir: As to law, there is hardly any need for an argument. The law already makes it a crime for a citizen of this country to not inform a Magistrate if he discovers across any crime himself. But, there is no Magistrate Court in this country that has put up any board outside its courtroom warning complainants that they come in to the Court at their own risk. Why do we not see such a board in any court? The answer is simple. The law has already provided the Magistrates with an inherent power to protect persons who knock on its doors. So, when a complainant is troubled by extraneous elements, what suffers is the administration of justice itself. So, when a complainant to a Magistrate is assaulted or otherwise intimated, what does suffer is the administration of justice in that Court. Likewise, when a complainant is harassed or constantly intimidated, the administration of justice is bound to suffer and the Court concerned is required to take all steps necessary to protect such a complainant. Now, coming to these private complaints before the Lokayukta Court, those who come in to privately prosecute the corrupt elements of our society cannot make any progress if they are constantly harassed, threatened or intimated by the influential and powerful accused. Dhananjay Sir: The Supreme Court has already ensured that certain police officers shall have fixed minimum tenures and has also ensured that political interference should be a minimum in police matters. If only this police commissioner is under a political pressure to not protect Mr.Abraham, he is expected to not yield to such pressure. He could always inform this Court on who is really calling the shots in his office. That is why, it is just and necessary to summon the Police Commissioner. The COURT - Hon'ble Justice SUDHEENDRA RAO: (ORDER): Arguments of Mr.K.V.Dhananjay, learned Counsel....... This Court takes judicial notice of the fact that several complainants in corruption cases have inexplicably absented or suddenly withdrawn themselves at very crucial stages and the possibility of they being threatened to do so is a matter of grave concern to this Court. When a complainant comes to complain and inform this Court about serious facts of corruption that is eating away at the economic fabric of this country, his protection becomes necessary for the due administration of justice. Accordingly, on the facts of this case, there is a need to summon the Commissioner of Police to this Court, and accordingly, the Commissioner of Police for the city of Bangalore is summoned to be personally present in Court tomorrow, 18-12-2012 at 3 pm.