Karnataka CM Siddaramaiah challenges HC verdict in protest march case

Karnataka CM Siddaramaiah challenges HC verdict in protest march case

Karnataka Chief Minister Siddaramaiah has taken a decisive step in his legal battle, filing a plea in the Supreme Court challenging the recent order of the High Court. The High Court's decision, rendered on February 6, declined to quash the criminal proceedings initiated against Siddaramaiah and several others in connection with a protest march dating back to 2022.

The contentious order from the High Court has now thrust Siddaramaiah into the center of a legal maelstrom, relegating him and his co-accused to face trial and appear before the Special MP/MLA court in Bengaluru on February 26, 2024.

In his plea to the Supreme Court, Siddaramaiah contends that the High Court's ruling has significant gaps, particularly in addressing whether the alleged offense's essential elements were adequately established based on the accusations outlined in the complaint. He asserts that the court has failed to ascertain the legitimacy of prosecuting him in the given circumstances. Moreover, Siddaramaiah vehemently argues that the current legal proceedings represent an abuse of the judicial process, which could result in undue harassment.

Central to Siddaramaiah's defense is the assertion that the protest in question lasted for nearly an hour and did not involve any violent actions or criminal force perpetrated by the participants. He maintains that continuing the prosecution based on such purportedly frivolous incidents, where no criminality is attributed to any member of the assembly, cannot be justified.

The plea further highlights the vagueness of the allegations outlined in the complaint, stating that the only accusations against Siddaramaiah and others are related to walking on the road and shouting slogans to express their protest against governmental actions. It contests that the actions of the protesters allegedly leading to a disruption of law and order are inadequately substantiated.

Drawing on legal precedent, Siddaramaiah's plea emphasizes the duty of High Courts to meticulously assess the nature and substance of allegations in FIRs under Section 482 of the Criminal Procedure Code. It argues that the primary consideration should be whether the accusations prima facie disclose the commission of cognizable offenses and whether the continuation of proceedings would result in a miscarriage of justice or an abuse of the legal process.

The genesis of the legal dispute dates back to February 14, 2022, when an FIR was lodged by the High Grounds Police, Bengaluru City, under Sections 143 and 341 of the Indian Penal Code, 1860, and Section 103 of the Karnataka Police Act, 1963. Subsequently, the police filed a charge sheet on February 12, 2023, and the court took cognizance of the same on June 13, 2023.

The charge sheet alleges that Siddaramaiah and his co-accused were involved in a protest and shouting slogans against a minister. It describes how they attempted to march from the Congress office to the residence of the Chief Minister, leading to their apprehension by law enforcement.

Prior to Siddaramaiah's plea to the Supreme Court, the High Court had dismissed petitions filed by him, Congress' state in charge Randeep Singh Surjewala, and ministers Ramalinga Reddy and MB Patil challenging the FIR registered against them for their involvement in the protest march. Furthermore, the High Court imposed a financial penalty of Rs 10,000 on each petitioner, payable to the Chief Minister's relief fund within two weeks, for naming a police officer as a party in their petition.

 

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