‘Law is above you’: Karnataka HC refuses to drop charges against CM Siddaramaiah, others in 2022 protest case

The counsel for the Congress leaders argued that there was no disturbance of free flow of traffic or law and order, further arguing that people were entitled to seek removal of elected representatives under the right to freedom of speech and expression.

The opposing counsel argued that the march had been taken out against police warnings and that it had in fact obstructed traffic and that a government order passed in 2021 had been violated. They also pointed out that a police officer had been directly named as a respondent in the case which would lower the morale of public servants.

The bench agreed with the last contention, stating, “Permitting their arraignment as such will have a demoralizing effect on the administration of law & order. Public servants should be allowed to discharge their duty without fear or favour. Apparently, what she (the police officer) has done is in due discharge of her official duty. She lodged the complaint in her ‘best judgment assessment’ of the events. She might have erred arguably. But that is no ground for arraying her as a Respondent in the personal capacity. That cannot go with impunity. Costs need to be levied for this unjustifiable act of Petitioners.”

The bench added, “Merely because the petitioners happen to be Ministers/Elected Representatives of the People, they should not be permitted to land in this court by invoking constitutional jurisdiction or inherent jurisdiction u/s.482 of the Code…There is no extraordinary circumstance that warrants this court leaving the beaten track. It is open to them to appear before the Magistrate and seek discharge. ‘Howsoever high thou art be, law is above you’, goes the saying.”

Dismissing the petitions, the court then directed each of the petitioners in this case to deposit a sum of Rs 10,000 to the Chief Minister’s fund on account of a police officer having been personally named in the case.

The court further directed them to appear before the Special MP/MLA court in the matter on prescribed dates. CM Siddaramaiah is to appear on February 26, Randeep Singh Surjewala on March 7, M B Patil on March 11 and Transport Minister Ramalinga Reddy on March 15.