SC stays criminal proceedings against CM Siddaramaiah for 2022 protest march
SC issues notice to concerned respondents on Karnataka CM Siddaramaiah’s plea against HC order rejecting his plea seeking quashing of proceedings against him in 2022 protest matter.
NEW DELHI: In a big relief to the Karnataka Chief Minister, Siddaramaiah, the Supreme Court in its order on Monday stayed the criminal proceedings against him and some other Congress leaders for a protest march organised by them on February 14, 2022, in Bengaluru.
“Issue notice, returnable in 6 weeks, Till further orders, there shall be a stay of proceedings and order (of Karnataka High Court) against the petitioners,” the court said.
A two-judge bench of the Top Court headed by Justice Hrishikesh Roy and also comprising Justice Prashant Kumar Mishra, passed the order after hearing Siddaramaiah’s Special Leave Petition (SLP).
Dr Abhishek Manu Singhvi, the senior lawyer appearing for Siddaramaiah, said in a democracy, the right to freedom of speech and protest is paramount. He argued that the criminal case against his client was registered for exercising his right to protest. It is totally against the right to freedom of speech and expression under Article 19 (1) of the Constitution.
The political procession was conducted peacefully without criminal intent and thereby it could not be muzzled by penal provisions, he added.
After hearing this, Justice Mishra pointed out that the offences invoked in the case, have been kept in the statute books keeping in view the reasonable restrictions under the fundamental rights.
“Your argument is that if a politician does it, it has to be quashed, but if there are other group of people doing demonstration, then they cannot do it. Only politicians have the right under Article 19(1)(a). How can it be quashed just because it is done by a politician?” Justice Mishra said.
“Did you seek permission for the demonstration? You cannot assemble in thousands and say that you are protected,” he added.
“Else whatever disturbances are there on roads, we have to quash,” the Court said.
Justice Mishra wanted to know from Siddharamaiah as to whether permission had been sought for the demonstration. To this, Sibal replied that law and order cannot be a ground to deny a fundamental right.
“I have a constitutional right, a fundamental right,” he said.
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