Karnataka High Court Quashes Criminal Case Against Union Minister Shobha Karandlaje For Remarks On Rameswaram Cafe Blast

The Karnataka High Court on Thursday quashed the criminal case registered against Member of Parliament, Shobha Karandlaje, after she had made a statement during a protest in Bengaluru, linking the suspect in the Rameshwaram cafe blast with Tamil Nadu.

A single-judge bench of Justice M Nagaprasanna allowed the petition and quashed the proceedings registered with the Cottenpet Police station under sections 123(3),123(3A), and 125 of the Representation of People Act.

The court noted that the High Court of Madras had recently quashed similar proceedings initiated against Karandlaje based on the same incident. It said “The High Court of Madras has by its order dated 5-092024 quashed the proceedings qua the petitioner. Since the offences are identical and sprang out of the same incident. I deem it appropriate to follow the same and close the petition qua the petitioner.”

During a protest against an attack on a shopkeeper in Bengaluru, the BJP MP had said, "Law and order in Karnataka has deteriorated. People who come from Tamil Nadu plant bombs here, people from Delhi chant 'Pakistan Zindabad' slogans and people who come from Kerala were involved in acid attacks."

Advocate Venkatesh Dalwai appearing for the petitioner had argued that the reading of the alleged offences does not indicate that it is prima facie an election offence. It was argued that Sections 123 (3) and 123 (3A) have to be read only for the purpose of either promoting voting or against voting for some candidate.

The government advocate submitted that the Flying Squad officer of the Election Commission had registered the case, and that probably an offence could have been registered under section 153 IPC.

Appearance: Venkatesh S Dalwai for Petitioner.

Case Title: SHOBHA KARANDLAJE AND State of Karnataka & ANR

Case No: CRL.P 2758/2024

Citation No: 2024 LiveLaw (Kar) 409