NEW DELHI: In a big relief to the Karnataka Chief Minister, Siddaramaiah, the Supreme Court in its order on Monday stayed the criminal proceedings against him and some other Congress leaders for a protest march organised by them on February 14, 2022, in Bengaluru.
"Issue notice, returnable in 6 weeks, Till further orders, there shall be a stay of proceedings and order (of Karnataka High Court) against the petitioners," the court said.
A two-judge bench of the Top Court headed by Justice Hrishikesh Roy and also comprising Justice Prashant Kumar Mishra, passed the order after hearing Siddaramaiah's Special Leave Petition (SLP).
Dr Abhishek Manu Singhvi, the senior lawyer appearing for Siddaramaiah, said in a democracy, the right to freedom of speech and protest is paramount. He argued that the criminal case against his client was registered for exercising his right to protest. It is totally against the right to freedom of speech and expression under Article 19 (1) of the Constitution.
The political procession was conducted peacefully without criminal intent and thereby it could not be muzzled by penal provisions, he added.
After hearing this, Justice Mishra pointed out that the offences invoked in the case, have been kept in the statute books keeping in view the reasonable restrictions under the fundamental rights.
"Your argument is that if a politician does it, it has to be quashed, but if there are other group of people doing demonstration, then they cannot do it. Only politicians have the right under Article 19(1)(a). How can it be quashed just because it is done by a politician?" Justice Mishra said.
"Did you seek permission for the demonstration? You cannot assemble in thousands and say that you are protected," he added.
"Else whatever disturbances are there on roads, we have to quash," the Court said.
Justice Mishra wanted to know from Siddharamaiah as to whether permission had been sought for the demonstration. To this, Sibal replied that law and order cannot be a ground to deny a fundamental right.
"I have a constitutional right, a fundamental right," he said.
The other leaders against whom the case proceedings stayed by the Top court were state ministers Ramalinga Reddy and MB Patil and All India Congress Committee (AICC) leader Randeep Singh Surjewala.
Initially, the Karnataka HC in its order on February 6, 2024, dismissed Siddaramaiah's plea to quash the criminal proceedings and also slapped a cost of Rs 10,000, forcing him to knock on the doors of the Supreme Court for relief on February 14.
Siddaramaiah, in his appeal filed before the Supreme Court, said that the protest march was organised on February 14, 2022, in Bengaluru, to demand the resignation of the then Chief Minister K S Eshwarappa following the alleged death of a civil contractor. He also demanded the setting up of a commission to oversee the entire issue.
He said none of the ingredients of the offences alleged were made out against him. The present proceedings against him are nothing but an abuse of the process of law and would lead to undue harassment, on the basis of vague allegations, he claimed.
The High Court had failed to ascertain whether the prosecution of the petitioner would be legitimate in the given facts and circumstances. It had lost sight of the fact that the assembly did not lead to any violence or use of criminal force to present an imminent threat to the public at large or to the members of the then ruling dispensation or any public servant, he stated in his plea.
Claiming innocence in the case, Siddaramaiah said that the incident lasted for almost an hour and no violent action or use of criminal force has been alleged against any of the members of the procession.
Questioning the action of the prosecution, Siddaramaiah said that it cannot be allowed to continue on such frivolous incidents where no allegation of criminality has been attributed to any of the members of the assembly.
(Wiyh inputs from PTI)
