Karnataka High Court Stays Proceedings In FIR Against BJP MP Shobha Karandlaje For Linking Rameshwaram Cafe Blast Suspect To Tamil Nadu

The Karnataka High Court on Friday stayed further investigation in a criminal case registered against Member of Parliament, Shobha Karandlaje. The case was registered by the Election Commission Flying Squad, after she made a statement during a protest in Bengaluru, linking the suspect in the Rameshwaram cafe blast with Tamil Nadu. The statement was later withdrawn by her on X (formerly twitter).

A single judge bench of Justice Krishna S Dixit issued notice to the respondents and stayed further investigation in the FIR registered with the Cottenpet Police station under sections 123(3),123(3A) and 125 of the Representation of People Act.

The bench advised Karandlaje to be measured in her speech. The court said “All leaders regardless of party should exercise some constraint…We live in a civilised society otherwise India will become Afghanistan. Nobody will be free…Therefore tell your client that the judge has requested her to be measured in her speech.”

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 argued that the reading of the alleged offences do not indicate that it is prima facie an election offence. It was argued that Section 123 (3) and 123 (3A) have to be read only for the purpose of either promoting for voting or against voting for some candidate.

Raising a question on the offences invoked the court orally observed “We are not in Nazi regime, there is freedom of speech. How it is possible…How can an offence under the sections be registered?"

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.

Accordingly, in upholding the right to freedom of speech of the accused, the Court stayed further proceedings in the case.

Case Title: SHOBHA KARANDLAJE AND State of Karnataka & ANR

Case No: CRL.P 2758/2024