MANGALORE: Weeks ago, state government unceremoniously repealed a 1979 notification (HD 24 PCR 79) and made offences registered under section 506 of Indian Penal Code (IPC) noncognizable and bailable.
If top brass in police department welcome its withdrawal asserting that 506 IPC was highly abused, lower down investigating officers (IO) suspect a hidden agenda behind the BJP led government's move to "rescind the notification".The question on why the government, after 32 years, chose to exercise power, conferred by Section 10 of Criminal Law (amendment) Act 1932 (central Act no XXIII of 1932) and read with Karnataka General Clauses Act 1899, rescind the notification which was published in Karnataka Gazette (13091979) haunts investigating officers.
An investigating officer, without mincing words, says fringe elements of Hindu and Muslim groups or communal goondas stand to benefit from the repeal of the notification. "It was a powerful Act to force incorrigible and budding offenders fall in line," acknowledges Narayan Byndoor, who retired as subinspector recently. IOs point out that during civic unrest, fringe elements were prevented from creating trouble by "fixing them" in criminal intimidation cases registered under Section 506 IPC.Over 98 cases were registered under 506 and other IPC in 2010 and 42 in 2011 (upto May). Public prosecutors describing the repeal as a "dangerous precedent", claim that recovery of weapons by IOs would not be possible. "Because the accused cannot be taken to custody," a public prosecutor explains and adds that the court too cannot impose conditions as it is a bailable offence. Home Minister R Ashok was not available for his comment.
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