The Supreme Court on Monday stayed proceedings in a criminal case against Karnataka Chief Minister Siddaramaiah and other senior Congress leaders in connection with a protest march they organised in Bengaluru on April 14, 2022, PTI reported.
The march, to the home of Bharatiya Janta Party MLA and former Chief Minister Basavaraj Bommai, was taken out to demand the resignation of BJP leader KS Eshwarappa for allegedly abetting the suicide of a contractor named Santosh Patil.
Patil died after allegedly consuming poison on April 12, 2022. At the time, Eshwarappa was the Minister of State for Rural Development and Panchayat Raj in Karnataka. The Congress had demanded Eshwarappa’s arrest, alleging that he had asked Patil for a bribe.
Eshwarappa was initially booked in the case and resigned from his post as minister. He was eventually cleared of all charges in July 2022.
A criminal case had been filed against Siddaramaiah and the Congress leaders for allegedly blocking roads and causing trouble to commuters during their protest march seeking Eshwarappa’s resignation.
On February 6, the Karnataka High Court refused to quash the proceedings, after which the Congress leaders approached the Supreme Court.
The Supreme Court also stayed a High Court order imposing a fine of Rs 10,000 each on Siddaramaiah, Congress MP Randeep Singh Surjewala and Karnataka ministers MB Patil and Ramalinga Reddy.
Senior advocate Abhishek Manu Singhvi, appearing for the Karnataka chief minister, said that a criminal case violated the right to protest under Article 19(1)(a) of the Constitution, LiveLaw reported.
The protest undertaken by the Congress leaders was a “political” one, Singhvi submitted, adding that a political protest conducted peacefully without criminal intent cannot be muzzled under penal provisions.
Justice Mishra, in response, said that every protest that disrupts normal life should then be allowed if Article 19(1)(a) is taken into consideration.
“Your argument is that if a politician does it, it should be allowed but if a normal citizen does, it should not be?” Mishra questioned. “How can [the case] be quashed just because it is done by a politician?”
The bench has directed Siddaramaiah to appear before a special court on March 6, PTI reported.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!