BENGALURU: The Karnataka High Court on Friday stayed a notice issued by the Karnataka State Commission for Women to former chief minister and Mandya Lok Sabha JDS candidate HD Kumaraswamy over his remarks about rural women going astray after the Congress government’s guarantee schemes.
Passing the interim stay order after hearing the petition filed by Kumaraswamy, questioning the legality of the notice dated April 15 issued by the chairperson, Justice M Nagaprasanna noted that the chairperson’s notice seeking clarification was without the authority of law.
Issuing an emergent notice to the Commission and its chairperson Dr Nagalakshmi Chowdari, the court noted that the commission chairperson has directed the presence of the petitioner under Section 10 (a) of the Karnataka State Commission for Women Act, 1995.
According to this Section, while investigating any matter under this Act, it is presumed that the proceedings were registered under the Act against the person whose attendance is sought. It is only then the power is rendered to the Commission to summon or enforce attendance of any person.
In the case at hand, it is neither a show-cause notice nor a summons issued to the petitioner. A clarification has been sought which, on the face of it, is without jurisdiction. There shall be an interim stay order till the case is disposed of, the court observed.
Meanwhile, the petitioner’s counsel argued that the notice has to be issued by the secretary of the commission, as per Section 7 (3) of the Act.