LI Network
Published on: February 9, 2024 at 11:55 IST
The Karnataka High Court has rejected the plea to quash criminal cases against Chief Minister Siddaramaiah and several others related to a public protest organized by the Congress party in 2022.
Justice Krishna S Dixit, presiding over the bench, highlighted the hindrance caused to the regular movement of ordinary people during such agitations.
The Court, during the proceedings, emphasized the proponents of agitational rights’ claim to political protest as a form of freedom of expression and assembly. However, Justice Dixit noted that exercising such freedom through agitations could incur costs for society, particularly in obstructing the regular movement of ordinary citizens.
The case involved multiple petitions seeking the quashing of proceedings against 36 accused individuals, charged under Section 143 of the IPC and Section 103 of the Karnataka Police Act, 1963.
The charges stemmed from a protest march organized by a political party that disrupted traffic and demanded a minister’s resignation.
The accused argued for quashment, citing the lack of elements for the alleged offenses and alleging political motives behind the accusations. The State contended that the protest violated regulations, leading to obstruction and disturbance of law and order.
Referring to the case of Amit Sahani vs Commissioner of Police, where the Supreme Court supported the regulation of agitation rights, the High Court stated, “we have to make it unequivocally clear that public ways and public spaces cannot be occupied in such a manner and that too indefinitely.”
The Court further emphasized that democracy and dissent must coexist, but demonstrations expressing dissent should take place in designated areas. The petitions were subsequently dismissed, with the Court directing the petitioners to seek discharge from the proceedings in the Special Court.
Case Title: Sri Siddaramaiah vs State of Karnataka & Anr.
