Supreme Court Stays Criminal Case Against Karnataka CM Siddaramaiah & Congress Leaders Over 2022 Protest Against Previous Govt

The Supreme Court on Monday (February 19) stayed the proceedings in the criminal case against Karnataka Chief Minister Siddaramaiah over a protest march conducted by him in 2022 demanding the resignation of then Rural Development and Panchayat Raj Minister KS Eshwarappa.

The Court also stayed the proceedings against present State Ministers Ramalinga Reddy & MB Patil, and All-India Congress Committee (AICC) leader Randeep Singh Surjewala over the same protest.

The Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra was hearing petitions challenging the Karnataka High Court order which refused to quash the criminal case against Siddaramaiah and others.

Senior Advocate Dr. Abhishek Manu Singhvi, appearing for Siddaramaiah, submitted that it was a "political protest" and the criminal case was a violation of the right to protest under Article 19(1)(a) of the Constitution. A political protest conducted peacefully without any criminal intent cannot be muzzled using penal provisions, he submitted.

Justice Mishra observed that in that case, every public protest in the street, disrupting normal life, should be allowed on the grounds of Article 19(1)(a). When Singhvi submitted that a political protest has to be seen differently, Justice Mishra asked, "Your argument is that if a politician does it, it should be allowed, but if a normal citizen does, it should not be? How can it be quashed just because it is done by a politician?"

"Did you seek permission for the demonstration? You have not...on one fine fine morning you assemble in thousands and say nothing can happen to us because we are protesting ..." Justice Mishra further said.

Senior Advocate Kapil Sibal, also appearing for Siddaramaiah, submitted that the case was about a "law and order allegation" and not a "public order allegation". "Law and order" is not a ground of restriction under Article 19(2), he submitted, as it mentions only "public order".

"Otherwise it would be very dangerous. Every public protest will be illegal," Sibal said.

Justice Roy, the senior judge of the bench, later dictated the order, issuing notice to the respondents returnable within six weeks and staying the further proceedings in the case. The order also stayed the operation of the Karnataka High Court's order which had imposed costs of Rs 10,000 each on the petitioners while dismissing their petitions.

It is significant to mention that the High Court had directed Siddaramaiah to appear before the Special Court on February 26, 2024 and rejected the prayer to stay the judgment to enable filing an appeal before the top Court.

The prosecution case was that on April 14, 2022, a group of 35-40 members under the leadership of Randeep Surjewala (Rajya Sabha MP), DK Shivakumar (Deputy CM, Karnataka) and Siddaramaiah entered the public road towards residence of then CM, shouting slogans and demanding the resignation of KS Eshwarappa. They were booked for unlawful assembly under Section 143 IPC and Section 103 of the Karnataka Police Act, 1963. Allegedly, the protest was led despite a High Court order being in operation against conducting of marches in Bengaluru, other than at Freedom Park.

Siddaramaiah pled before the High Court that the action of police officials was malafide, vindictive and intended to persecute, as the subject protest was held on April 14, 2022 whereas the High Court order was of August 1, 2022.

Notably, vide the order passed by Karnataka High Court on August 1, 2022, the Karnataka government was directed to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 issued under the Karnataka Police Act, permitting procession, dharna and protest only at Freedom Park in Bengaluru. The order came in a suo motu public interest litigation initiated pursuant to a sitting High Court judge's letter to the Chief Justice following major traffic block in the city.

On March 3, 2022, the High Court passed an interim order directing the Karnataka government to ensure that no protest, processions, etc. were held in Bengaluru except at Freedom Park, so that traffic in the city was not adversely affected.

The petitions have been filed through AoRs Rajesh Inamdar and Guntur Pramod Kumar

Case Title: SIDDARAMAIAH Versus STATE OF KARNATAKA AND ANR., SLP(Crl) No. 2292/2024

Click Here To Read/Download Order