The Supreme Court on Monday stayed criminal proceedings against Karnataka Chief Minister Siddaramaiah after he argued that peaceful protest against the ruling dispensation was a fundamental right of every citizen.
Mr. Siddaramaiah and 35 others were chargesheeted for assembling unlawfully with an intent to use criminal force to intimidate the then BJP government during a protest march held in 2022.
The march had been held demanding the resignation of then Rural Development and Panchayat Raj Minister K.S. Eshwarappa.
‘Freedom of speech and expression’
“In a democracy, freedom of speech and expression, to assemble and protest is paramount. It is guaranteed… Political protest against the ruling dispensation of the State conducted peacefully without any criminal intent cannot be muzzled by the invocation of penal provisions,” the top court recorded the submissions made by Mr. Siddaramaiah through his lawyers, senior advocates Kapil Sibal and A.M. Singhvi.
Mr. Sibal said criminal proceedings could not be initiated against protesters mainly based on allegations that the demonstration had obstructed vehicular traffic.
Mr. Singhvi said the freedom of speech and the right to peaceful protest can only be restricted if it was a risk to public order under Article 19(2) of the Constitution.
“Here, the exercise of fundamental rights are being penalised on the ground that they violate law and order,” Mr. Sibal argued.
Mr. Singhvi said there would be no right to peaceful protest left if political demonstrations led to criminal proceedings under Section 141 (unlawful assembly) of the Indian Penal Code.
Justice Prashant Kumar Mishra questioned whether the petitioners were arguing for carte blanche for politicians to protest on the roads.
“There is so much lawlessness on the roads… And your argument is if politicians do it, we should quash the case,” Justice Mishra asked the petitioner side.
Mr. Singhvi said the court ought to distinguish between a politician protesting peacefully and a hardened criminal engaging in violent acts of disruption on the streets.
“I have a constitutional or fundamental right. Otherwise every protest will be hazardous, run the risk of criminal proceedings. Very dangerous,” Mr. Sibal noted.
He said criminal action was initiated against established politicians, including present State Ministers Ramalinga Reddy, M.B. Patil and All-India Congress Committee leader Randeep Singh Surjewala. The Bench stayed the proceedings against them too.
The leaders had appealed to the Supreme Court after the Karnataka High Court refused to quash the criminal case against them on February 2, 2024.
The Supreme Court issued notice and listed the case after six weeks.
