The Supreme Court today stayed proceedings in the criminal case against Karnataka Chief Minister Siddaramaiah over a protest march led by him in 2022 demanding the resignation of then Rural Development and Panchayat Raj Minister KS Eshwarappa.
The top court also stayed the proceedings against present State Ministers Ramalinga Reddy and MB Patil, and Congress leader Randeep Singh Suejewala over the same protest. The bench comprising Justice Hrishikesh Roy and Justice Prashant Kumar Mishra was also hearing petitions challenging the Karnataka High Court order which denied quashing the criminal case against Siddaramaiah and others.
Appearing for the Karnataka Chief Minister, Senior Advocate Abhishek Manu Singhvi contended 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. Subsequently, Justice Mishra observed that every public protest in the street disrupting normal life should be allowed on the grounds of Article 19(1)(a).
Senior Advocate Kapil Sibal also appearing for CM Siddaramaiah submitted that the case was about law and order allegation and not a public order allegation. He added that law and order is not a ground of restriction under Article 19(2), as it mentions only public order.
Later, the senior judge of the bench, Justice Roy pronounced the order, issuing notice to the respondents returnable within six weeks and staying the further proceedings in the case. The judgment 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.
The matter relates to a protest held on April 14, 2022, where a group of 35-40 members under the leadership of Randeep Surjewala, DK Shivakumar and Siddaramaiah entered the public road towards residence of then CM Basavaraj Bommai, shouting slogans and demanding the resignation of KS Eshwarappa. The leaders were booked for unlawful assembly under Section 143 IPC and Section 103 of the Karnataka Police Act, 1963. Reportedly, the protest was led despite a High Court order being in operation against conducting of marches in Bengaluru, other than at Freedom Park.