The Karnataka High Court has refused to quash defamation case against IPS officer D Roopa. IAS officer Rohini Sindhuri had filed the defamation case alleging objectionable/derogatory posts on Facebook and also statements in the media, after which, both the female officer locked horns. In the aftermath they both were transferred without posting and recently been assigned new roles after a gap.
In their order, Justice Sachin Shankar Magadum observed that the doctrine of state humanity covers all the acts performed by a public servant in exercise of function of the government and not where acts are done by the public servant for his or her own benefit or pleasure and may be under the power of authority. After examining the statements posted on social media account as well as the statements made before the print media, the court said that Ms. Roopa is bound to face a criminal trial. “These statements made do not fall within the domain of her assigned duties which a public servant is required to discharge or perform. The culled out portions clearly do not demonstrate that the acts done by the petitioner which are indicated in the in the private complaint are obviously not done in the course of her service and therefore, Section 197 of Cr.P.C. does not extend its protective cover insofar as the above culled out portions are concerned,” the court said.
