Karnataka High Court Stays Investigation Against BJP MLA Ashwath Narayan Over 'Finish Off Siddaramaiah' Remark For Four Weeks

The Karnataka High Court on Tuesday by way of interim relief stayed investigation against former Deputy CM of Karnataka and BJP MLA Dr. CN Ashwath Narayan for allegedly making a derogatory statement against now Chief Minister Siddaramaiah, during an election rally in February.

Narayan had approached the court seeking to quash the FIR registered against him under sections 506 (Criminal Intimidation) and Section 153 (wantonly giving provocation with intent to cause riot) of the Indian Penal Code on the complaint made by one M Lakshmana, associated with Karnataka Pradesh Congress Committee.

A single judge bench of Justice M Nagaprasanna referred to Section 153 and noted that the soul of the provision is that statements made by any person should be so provocative that it should result in rioting or even if it does not result in rioting it should be capable of resulting in rioting. “No such incident is narrated as the statement was made in February and we are three months away,” it remarked while staying the FIR for four weeks.

It added “Therefore the predominant ingredient of Section 153 is not made out. In the light of offence not meeting ingredients of Section 153 and improbability of such an offence being met as noted in the complaint, permitting further proceedings would run foul to Apex court judgment in the case of State of Haryana Vs Bahajanlal-AIR 1992 SC 604."

Narayan had said that he was on election campaign in February 2023 and while addressing his party workers, he enthusiastically made his speech to motivate the party workers to campaign for his political party. He argued that he made the speech in question only "with an intention of defeating another political rival in the elections", without any intention of causing any sort of injury either verbally or physically to the then leader of the opposition in the State.

“Subsequently, the petitioner has given a clarification in respect of the said speech made by him before the house and media within the same week in February 2023. There was quietness to the issue after that for a very long time. Respondent No. 2, all of sudden filed a Complaint on 24.05.2023, within four days of the political party coming into power and FIR in Crime No. 42/2023 came to be registered on the same day,” the petition states.

It has been argued that the complaint made is false, frivolous and does not make any prima- facie case as against Narayan.

“The FIR does not disclose who is the affected party/victim of the statement alleged to have caused a threat and criminal Intimidation In the entire State of Karnataka. It is just a concocted and Imaginative version of the Complainant. This action of the Complainant/Respondent No. 2 has led to serious mental agony and irreversible damage to the petitioner as all media channels and news reports have carried this un-necessary bit of news continuously on all channels,” according to the petition.

Narayan has further said that in his political career for nearly two decades, he has not made any statements to cause hurt to the feelings of people.

"He has held responsible positions in his tenure as a Member of Legislative Assembly and holds a very good reputation in the society. The present Complaint has been filed only with an Intention to tarnish his Image before the public at large," his plea argues.

Case Title: Dr C N Ashwath Narayan And STATE OF KARNATAKA

Case No: WP 11004/2023

Appearance: Senior Advocate Prabhuling K Navadgi for petitioner.