Justice Prashant Kumar Mishra in Supreme Court proceeded to make an interesting comparison by posing the question, “What if a regular citizen had conducted a similar protest?”
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NEW DELHI: The Supreme Court has cast doubt on the legality of protests organized by politicians, particularly citing the recent incident involving Karnataka Chief Minister Siddaramaiah and other Congress leaders in New Delhi. Today, the court temporarily halted the proceedings against them stemming from a protest march held in the state back in 2022.
A bench consisting of Justices Hrishikesh Roy and P K Mishra issued a notice to the Karnataka government and the complainant in the case, indicating a meticulous examination of the legal aspects surrounding the protest.
Justice P K Mishra drew a thought-provoking comparison by questioning,
“What if an ordinary citizen had conducted a similar protest? Would the criminal case be dismissed under those circumstances?”
Justice Mishra highlighted that the court was also considering cases involving politicians, expressing concerns about the fairness of the legal system.
The incident in question harks back to 2022 when Chief Minister Siddaramaiah and several other Congress leaders orchestrated a march to protest against then Rural Development Minister, K S Eshwarappa. The demonstrators demanded Eshwarappa’s resignation in the wake of corruption allegations concerning a public works contract, which tragically led to the contractor, Santosh Patil, taking his own life.
The Supreme Court’s decision to suspend the proceedings against the Chief Minister and other leaders came as a relief to them, particularly following the Karnataka High Court’s imposition of a Rs 10,000 fine on each of them. Moreover, the high court had instructed them to appear before a special court on March 6, a directive that has now been put on hold by the apex court.
The Supreme Court’s decision to stay the proceedings and the operation of the Karnataka High Court’s order reflects a pivotal moment in the ongoing discourse on political protests and the legal boundaries within which they operate. It also highlights the judiciary’s role in interpreting the Constitution in a manner that balances individual rights with public welfare.
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The case, is now poised at a critical juncture, with the Supreme Court’s notice to the respondents returnable within six weeks. This legal battle not only involves the fate of prominent political figures but also sets a precedent for the future of political protests and the interpretation of constitutional rights in India.
CASE TITLE:
SIDDARAMAIAH Versus STATE OF KARNATAKA AND ANR., SLP(Crl) No. 2292/2024.
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