The Supreme Court on Monday halted all the ongoing legal proceedings against Karnataka Chief Minister Siddaramaiah and other prominent political figures related to a protest march held in 2022. The Court's decision marks a pivotal moment in the ongoing legal saga surrounding the demonstration demanding the resignation of then Rural Development and Panchayat Raj Minister KS Eshwarappa.
The Bench, comprising Justices Hrishikesh Roy and Prashant Kumar Mishra, took up petitions challenging the Karnataka High Court's ruling, which had dismissed Siddaramaiah's plea to quash the criminal case. Senior Advocate Dr. Abhishek Manu Singhvi, representing Siddaramaiah, argued passionately that the protest constituted a legitimate exercise of the fundamental right to dissent enshrined in Article 19(1)(a) of the Constitution. Singhvi contended that penalizing a peaceful political protest would set a dangerous precedent, stifling democratic expression.
However, Justice Mishra raised thought-provoking questions during the proceedings, challenging the notion that political status should grant special privileges in matters of public protest. He queried whether allowing politicians leeway in such situations would create a double standard in the application of the law.
Senior Advocate Kapil Sibal, also representing Siddaramaiah, underscored the distinction between "law and order" and "public order," asserting that the allegations pertained to the former and thus did not justify restrictions under Article 19(2) of the Constitution.
Justice Roy, ultimately dictated the order, issuing notices to the respondents and staying further proceedings in the case. The Court's decision effectively suspended the Karnataka High Court's directive, which had mandated Siddaramaiah's appearance before a Special Court on February 26, 2024.
The genesis of the legal dispute traces back to April 14, 2022, when a group led by Siddaramaiah, Randeep Singh Surjewala, and DK Shivakumar reportedly conducted a protest march, demanding Eshwarappa's resignation. The protestors were charged with unlawful assembly under Section 143 IPC and Section 103 of the Karnataka Police Act, 1963. The demonstration occurred despite a High Court order prohibiting marches in Bengaluru, other than at Freedom Park.
Siddaramaiah had argued before the High Court that the police action was motivated by malice and intended to persecute, given that the protest predated the High Court order.
Case: SIDDARAMAIAH Versus STATE OF KARNATAKA AND ANR,
SLP(Crl) No. 2292/2024.
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