The High Court of Karnataka on Friday stayed a notice issued by the Karnataka State Commission for Women asking Janata Dal (S) State president and former Chief Minister H.D. Kumaraswamy to personally appear before the commission to clarify his recent remark on the impact of two guarantee schemes on women while terming that his remark amounts to “insulting women”.
Justice M. Nagaprasanna passed the interim order on a petition filed by Mr. Kumaraswamy, who had questioned the legality of the notice issued on April 15 by commission’s chairperson Nagalakshmi Chowdhary. The notice was issued quoting media reports about Mr. Kumaraswamy’s remark made during an election campaign held at Turuvekere in Tumakuru district on April 13.
While observing that the commission’s notice, on the face of it, is without jurisdiction, the court said the commission gets jurisdiction to summon or secure the presence of any person when there exits a proceeding initiated under the provisions of the Karnataka State Commission for Women Act, 1995.
In the absence of any proceedings initiated against Mr. Kumaraswamy, the commission does not get jurisdiction to secure his personal presence by invoking Section 10 of the Act, the court said while making it clear that the stay of the notice would remain in force till the disposal of the petition.
Appearing for Mr. Kumaraswamy, advocate Nishanth A.V. had contended that the chairperson of the commission has no power to issue any direction or notice on behalf of the commission as such a power is vested only with the secretary or the officers authorised by the secretary under Section 7 of the Act.
