Case against Karnataka CM stayed by SC

On Monday (February 19), the Supreme Court stayed proceedings in the criminal case against Karnataka Chief Minister Siddaramaiah, related to a protest march conducted by him in 2022 demanding the resignation of then Rural Development and Panchayat Raj Minister KS Eshwarappa. The Court also stayed proceedings against present State Ministers Ramalinga Reddy and MB Patil, and All-India Congress Committee (AICC) leader Randeep Singh Surjewala over the same protest.

The Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra heard petitions challenging the Karnataka High Court’s order which refused to quash the criminal case against Siddaramaiah and others. Senior Advocate Dr Abhishek Manu Singhvi, appearing for Siddaramaiah, argued that it was a “political protest” and the criminal case violated the right to protest under Article 19(1)(a) of the Constitution. Singhvi submitted that a political protest conducted peacefully without any criminal intent cannot be suppressed using penal provisions.

Justice Mishra questioned Singhvi’s argument, stating that allowing every public protest in the street, disrupting normal life, on the grounds of Article 19(1)(a) would set a dangerous precedent. When Singhvi contended that a political protest should be viewed differently, Justice Mishra challenged this notion, questioning why a protest led by a politician should be allowed while one by a normal citizen should not. He also pointed out the lack of permission for the demonstration.

Senior Advocate Kapil Sibal, also representing Siddaramaiah, argued that the case concerned a “law and order allegation” rather than a “public order allegation”. Sibal emphasized that “law and order” is not a ground of restriction under Article 19(2), which only mentions “public order”. Justice Roy dictated the order, issuing notice to the respondents returnable within six weeks and staying further proceedings in the case.

The order also stayed the operation of the Karnataka High Court’s order, which imposed costs of Rs 10,000 each on the petitioners while dismissing their petitions. The High Court had directed Siddaramaiah to appear before the Special Court on February 26, 2024, and rejected the prayer to stay the judgment to enable filing an appeal before the Supreme Court.

The prosecution case alleged that on April 14, 2022, a group of 35-40 members, led by Randeep Surjewala, DK Shivakumar, and Siddaramaiah, entered a public road towards the residence of the then CM, shouting slogans and demanding the resignation of KS Eshwarappa. They were booked for unlawful assembly under Section 143 IPC and Section 103 of the Karnataka Police Act, 1963.

The protest was reportedly conducted despite a High Court order against conducting marches in Bengaluru, other than at Freedom Park. Siddaramaiah argued before the High Court that police action was malicious, vindictive, and intended to persecute, as the protest was held on April 14, 2022, whereas the High Court order was issued on August 1, 2022.

The Karnataka High Court’s order on August 1, 2022, directed the government to ensure compliance with the Licensing and Regulation of Protests, Demonstrations, and Protest Marches (Bengaluru City) Order, 2021, permitting processions, dharnas, and protests only at Freedom Park in Bengaluru. This order stemmed from a suo motu public interest litigation initiated due to a High Court judge’s concern about major traffic blockages in the city.

On March 3, 2022, the High Court had issued an interim order directing the Karnataka government to ensure that no protests or processions were held in Bengaluru except at Freedom Park, to avoid adverse effects on city traffic.