2024 Panchamasali protest: Karnataka HC orders judicial inquiry into lathi-charge

“Mandamus issued to the respondents/State to constitute a Commission of Inquiry in terms of the Commission of Inquiry Act, 1952 on the subject matter and the appointed Commission of Inquiry should be a single member or a multi member (commission) headed by a retired Judge of this Court,” the order said.

The HC ordered the Inquiry Commission to submit its report within three months.

While pointing out that the protest by the Panchamasali sect was essentially peaceful in nature, the HC said that a probe is needed to find out what went wrong to necessitate a lathi-charge. “The protest has gone wrong and going wrong necessitates an inquiry, as Section 144 of the CrPC is invoked in spur of moment and lathi-charge has also taken place on the spur of the moment,” the HC observed in its order.

The HC order said that there were “seriously disputed questions of fact” emerging from video recordings of the incident which needed to be probed. “While the protestors were lathi-charged, the reason for lathi-charge is missing in both the pen drives. Therefore, the reason for the incident is required to be thrashed out if the guilty have to be brought to book,” the HC stated.

“The learned Advocate General makes a feign attempt in submitting that the protestors were drunk and in such inebriated state, the aggression has happened, which has resulted in the incident of the day. It is surprising that a statement of this kind is made, as the protestors at the outset of the protest had within its fold MLAs, the pontiff and all others,” the HC said.

The Panchamasali sect of the dominant Lingayat community in Karnataka have been seeking reservations under the OBC 2A category in the state which provides 15% reservations (instead of the 3B category under which they get 5% reservations) in government jobs and educational institutes.

In March 2023, then BJP government in Karnataka rejigged the quota system and created a new 2D category for Lingayats, including Panchamasalis, with 7% quota.

The government backtracked on the move when the new reservation — especially cancellation of the 4% quota for Muslims in OBC category in Karnataka —  was challenged in the top court.

After the Congress came to power in May 2023, the Panchamasali sect demanded implementation of the reservation notified by the previous BJP government. The government said it was not possible on account of the state providing an undertaking to the Supreme Court that it would stick to the old system.

The Panchamasali sect launched a protest on December 10, 2024, during the Assembly session at Belagavi, with clearance from the HC though there were prohibitory orders in place. During the protest, the police lathicharged when some protestors reportedly tried to march to the Suvarna Soudha to meet CM Siddaramaiah.