Date: 23-Feb-2012 To The Officer in Charge/ Station House Officer Vidhana Soudha Police Station MS Building.

Bangalore 560 001 Sub:-Information under Section 154(1) Procedure Code of 1973 concerning(i)

of

Criminal

Joint possession, display and the watching of obscene digital video by two members of Karnataka Legislative Assembly on the evening of 08-Feb-2012 inside the Legislative Assembly (Section 292 of Indian Penal Code, 1860 read with Section 34 thereof); prior transmission by another member of Karnataka Legislative Assembly of the said obscene content to the said two MLAs (Section 67 of Information Technology Act, 2000) and
(ii)

mutual circulation for the purpose of display and the actual display and exhibition of such obscene content that denigrates women and fetures women is most indecent light by the aforesaid three MLAs [Section 6 of Indecent Representation of Women (Prohibition) Act, 1986 read with Section 34 of Indian Penal Code, 1860].
(iii)

Sir
1.

Our names, address and other identification is as under: a) Name S/o Anand R. Yadwad Late Rachappa M. Yadwad

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Age Residing at Mobile Email

39 years # 11, 8th A Block, Nandi Gardens, J.P.Nagar, 9th Phase, Bangalore 560 062. 98802 44380 Anand.yadwad@gmail.com

b)

Name S/o Age Residing at Mobile Email

Deepak C.N Nagaraju C.M 33 years F723, 13th Cross, 1st Phase, BEL Layout, Bharat Nagar, Bangalore-560 091. 9449559451 deepu.cn@gmail.com

c)

Name S/o Age Residing at Mobile Email

Phani Sai T.V. Harinath 35 years #138, 7th Cross, 2nd Main, VV Nagar, Bangalore-560 061. 9663366496 phanisai76@gmail.com

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d)

Name S/o Age Residing at

Manjunath K Kalegowda 33 years #480, 2nd Cross, Behind Gaadi Muddanna House, Meenakshi Nagara, Kamakshipalya, Bangalore-560 079. 9731777775 manjunath9945@gmail.com

Mobile Email
2.

We are ordinary members of the public and write to you with utmost concern in regard to gross, wanton and intentional commission of ordinary crimes inside the Karnataka Legislative Assembly on 08-Feb-2012 at or about 5 pm by the following individuals who were members of the Karnataka Legislative Assembly at such time:
1)

LAXMAN SANGAPPA SAVADI Elected from Athani (Const.No.3) Address: Sangameshwara Nilaya S.M.S.College Road Athani Taluk Belgaum District - 591240 C.C.PATIL Elected from Naragund (Const.No.68) Address: No. 981, Dandapur Main Road Near Veternary Hospital Naragund 582 207 Gadag District J.KRISHNA PALEMAR Elected from Mangalore City North (Const.No.202)

2)

3)

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Address: No.4-3-298/12 Palemar, Kodiyalguttu East 8th Cross, Bijjai, Church Road Mangalore 575 003
3.

We have witnessed most of the acts complained of herein through the medium of Kannada satellite/ cable television channels. These channels have broadcast identical images and visuals concerning said offences immediately after the occurrence of those offences. TV9 and Suvarna 24x7, two licensed Kannada television channels beaming on cable and satellite and operating from their registered address at:
A.

4.

Tv9 Karnataka No.13, Rhenius Street Richmond Town, Civil Station Bangalore - 560025 Phone: + 91-80-40312999 Fax: + 91-80-41134999 Bangalore Suvarna News 24X7 #204, Embassy Square, 148 Infantry Road Bangalore - 560001 Phone: 080 - 4097 7898

B.

had telecast on 08-Feb-2012 on and after 6.52 pm, the following images and visuals:
a) Sri Lakshman Savadhi and Sri C.C.Patil, members of the

Karnataka Legislative Assembly are seated next to each another, inside the hall of the Karnataka Legislative Assembly;

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b) Sri Savadhi and Sri C.C.Patil are aware of the presence of

dozens of other members of the Karnataka Legislative Assembly who were seated or were walking around and not suspecting the activities or affairs of Sri. Savadhi and Sri C.C.Patil;
c) Sri Savadhi and Sri C.C.Patil are jointly operating and

watching on a certain cell phone held by Sri Savadhi, an obscene, depraved and a debased pornographic film;
d) Sri Savadhi and Sri C.C.Patil display awareness of the fact

that the obscene and debased film being viewed by them would shock and offend the morals of other individuals gathered inside that very hall and therefore, adjust the volume and other attribute of the said obscene film on the cell phone for the purpose of evading detection and clandestinely continue thereafter with watching of the said film.
5.

The aforesaid despicable and depraved acts of Sri. Savadhi and Sri C.C.Patil have also been telecast on every other news television channel in India as well as in the leading television news channels of the world immediately thereafter. It is most distressingly submitted by us that on any given day, 27% of the population of Karnataka struggles with the problem of hunger and another 18% of the population struggles with the problem of malnutrition. The people of this noble State have elected their representatives primarily to solve their problem of hunger and malnourishment. For elected representatives to abuse such trust and responsibility by watching utterly depraved and obscene films inside the very hall of the Legislative Assembly is most shocking, outrageous, insulting and offending to the people of this State. Reports in certain Kannada and English newspapers published the next morning, i.e., on 09-Feb-2012 in the city of Bangalore are produced herewith:

6.

7.

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1) Prajavani (at pages 1 & 5) 2) Kannada Prabha (at pages 1 & 10) 3) Vijaya Karnataka (at page No.1) 4) Deccan Herald (at pages 1, 3, 4, 5 & 7) 5) Times of India at (at pages 1 & 4) 6) DNA (at page No.1) 8.

Further, newspapers and television channels across the world have reported on the said events and have expressed outrage, dismay and shock at such turn of events. Further, another member of Karnataka Legislative Assembly, Sri Krishna Palemar is reported to have transmitted and circulated the said obscene film to the two individuals, Sri Savadhi and Sri. C.C.Patil. The three individuals, Sri Savadhi, Sri. C.C.Patil and Sri Krishna Palemar have committed, amongst others, the following offences:
a) Sri Savadhi and Sri. C.C.Patil: By their act of possessing,

9.

10.

watching, displaying and exhibiting in a non-private space, digital visual images that are obscene, lascivious, appealing to prurient minds and interests and tending to corrupt and deprave the human minds, social morals and public decency have committed offence under Section 292(2)(a) read with Section 34 of the Indian Penal Code, 1860;
b) Sri Krishna Palemar By his act of transmitting to Sri

Savadhi and Sri. C.C.Patil, digital visual images that are utterly obscene, lascivious, debased and depraved has committed an offence under Section 67 of the Information Technology Act, 2000;
c) Sri Savadhi, Sri. C.C.Patil and Sri Krishna Palemar By

their act of mutual circulation, retrieval and display of

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digital visual images that are obscene, depraved, derogatory, offensive and denigrate women while tending to, corrupt and injure public morality - have committed the offence under Section 6 of Indecent Representation of Women (Prohibition) Act, 1986.
11.

Your attention is further directed to a legal opinion obtained by us from Sri K.V.Dhananjay, Advocate, Supreme Court to the effect that commission of ordinary crimes inside the Parliament or a State Legislature cannot and has never attracted parliamentary privilege. As indicated by the said legal opinion, clandestinely possessing, watching and exhibiting obscene films inside the State Legislature is neither the essential nor even a remote function of the State Legislature and is therefore not protected, howsoever, under parliamentary privilege. As such, the act of prosecuting persons for such ordinary crimes and statutory offences would have no impact whatsoever on the free and unfettered conduct of debates inside the State Legislature. Further, your attention is also invited to the fact that it would be inappropriate for the police to wait for the consent of the Honble Speaker as almost all of the facts narrated in this complaint are self-evident and are contained in television broadcasts, statements of the accused and press reports. As such, the convention of seeking the consent or concurrence of the Speaker is applicable only where the Police have no means of verifying the allegations brought before the police. In this case, the Honble Speaker is not an authority to disprove independent, objective and impartial television footage which has been viewed by millions across the country with much disgust and dismay.

12.

13.

14.

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15.

As such, the Police cannot pretend that the Honble Speaker is the authority to declare if the television footage or newspaper comments are accurate. The Honble Speaker has no such legal authority to dispute or to doubt such independent media coverage. Further, in the first few days after the expose, the accused themselves did not suggest that the television footage was in any manner morphed or manipulated. At the same time, we would request you to provide us with a copy of whatever document or opinion that might have persuaded you, though erroneously, to claim that the said acts of the accused herein are immune from police prosecution and that the same are protected by parliamentary privileges. Further, we wish to state here that we do not harbour any grudge, ill will, hatred or malice against any of the accused herein. This complaint is solely motivated by public interest. Also, we do not take pride or delight should the accused be incarcerated or otherwise dealt with in accordance with the law. We also hold no political objective of any kind behind this complaint. Therefore, you are requested to altogether dispense with consent or concurrence of the Honble Speaker and to register a First Information Report forthwith and to begin a fair, fearless and impartial investigation into the offences narrated in this complaint and to prosecute those persons deemed guilty thereafter. Sincerely

16.

17.

18.

1.

Anand R. Yadwad

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2.

Deepak C.N Phani Sai Manjunath K

3.

4.

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