'PayCM' Campaign: Karnataka High Court Quashes Criminal Case Against Nelamangala Congress Leaders

The Karnataka High Court has quashed the First Information Report (FIR) registered last month against Narayana Gowda J S, who is president of the Indian Youth Congress in Nelamangala assembly constituency and Ramakrishna V, who is head of the party's legal cell there, for allegedly instructing others to pasting posters relating to the PayCM campaign all over the town.

Justice M Nagaprasanna in the order said, "The allegations made against the petitioners would not attract any of the offences either under Prevention of Damage to Public Property Act or under the Karnataka Open Place Disfigurement Act."

A police official in the FIR registered on September 22 alleged that when he was on night beat duty, he saw three persons pasting posters on the walls in public places. When they were chased and caught, they allegedly told the cops that the petitioners over the telephone had instructed them to paste the posters all over Nelamangala town.

The case was registered for offences punishable under Section 3(1) of the Prevention of Damage to Public Property Act, 1984, Section 3 of the Karnataka Open Place Disfigurement Act and Section 290 of the Indian Penal Code. Both the Congress leaders are practising advocates.

Findings

Referring to Section 3(1) of the Prevention of Damage to Public Property Act and Section 425 of IPC which pertain to mischief the bench said, "The allegation against the petitioners is that they have telephonically instructed pasting of the bills/posters which cannot mean that they would become guilty of the provisions of the Prevention of Damage to Public Property Act, as they have not done any act that would become an offence under the Act."

It added, "If they have not done any act that would become offence under the provisions of the Prevention of Damage to Public Property Act, the provisions of the Karnataka Open Place Disfigurement Act also cannot be laid against them, as the allegation against the petitioners admittedly is that they have telephonically instructed some other accused to lay the posters."

Quashing the proceedings against the petitioners, the court said, "It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case of the petitioners and shall not bind or influence the investigation against any other accused."

Congress in Karnataka had last month launched the 'PayCM' campaign to target Chief Minister Basavaraj Bommai.

Case Title: NARAYANA GOWDA J S & ANR v. State of Karnataka.

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