Election speeches these days abysmal: Karnataka High Court while granting relief to DK Shivakumar

The Karnataka High Court on Thursday granted interim relief to Deputy Chief Minister and Congress leader DK Shivakumar, who was recently booked on allegations that he violated the Model Code of Conduct (MCC) during campaigns for the upcoming Lok Sabha elections [DK Shivakumar v. State of Karnataka and anr]..Justice Krishna S Dixit directed the authorities concerned not to take further action against Shivakumar until the next date of hearing in his petition challenging the First Information Report (FIR) filed in the matter. ."The petitioner (Shivakumar) needs to be given reprieve till next date of hearing. Respondents 1 (Karnataka Police) and 2 (Flying Squad official) are directed not to precipitate the matter. Learned jurisdictional magistrate is requested not to precipitate the matter. Similarly, the first respondent is directed not to precipitate the matter till next date of hearing," the judge said while dictating the order this afternoon..As per reports, a first information report (FIR) was filed on April 19 following a complaint by the Bharatiya Janata Party (BJP) to the Election Commission of India (ECI) that Shivakumar had tried to blackmail voters. In this regard, the BJP said that Shivakumar had sought votes for the Congress during the Lok Sabha polls by promising voters Cauvery water supply, grant of occupancy certificates etc. in exchange. These remarks were allegedly made during an election speech to flat owners at RR Nagara, while Shivakumar was reportedly campaigning for his brother and Lok Sabha elections candidate DK Suresh. .The Court, however, expressed reservations today over whether the cited remarks would attract the offences under Sections 171B (bribery) and 171C (undue influence at elections) of the Indian Penal Code (IPC) which have been charged against Shivakumar. "I am of the considered opinion that matter requires deeper consideration particularly in view of scope and parameters of charging Section 171B and 171C of the IPC. I am also not that sure whatever utterances that petitioner (Shivakumar) is stated to have made would strictly fit the parameters of charging sections," the Court said. .All the same, the Court told Shivakumar's counsel to advise his client to be more careful in such speeches. "You have to advise your client (Shivakumar) to be careful in employing language, otherwise these things will happen," Justice Dixit said..The Court further questioned whether the ECI had given sufficient time to DK Shivakumar to respond to an election commission notice dated April 16 was served on Shivakumar on April 17. The ECI's counsel informed that the ECI officers were under the impression that they need not wait beyond 24 hours after April 17 to move ahead with registering the criminal case.The Court, however, expressed doubts over whether Shivakumar was given a reasonable opportunity to explain his remarks. "There has to be reasonable time. What EP Royappa case said? Every action of the State must be reasonable and just ... We are not East India company, we are not colonial powers. We are a welfare State," the judge said, while addressing the ECI's counsel. .Senior Advocate Udaya Holla appeared for DK Shivakumar before the High Court today. Shivakumar's petition was filed through advocate Vivek Holla..Panel counsel, Sharat doddawada appeared for the ECI. Special Public Prosecutor BN Jagadeesh represented the State government..Standards of election speeches today abysmal: Court.While the Court granted Shivakumar interim relief, it was also prompted to criticise the general tenor of election speeches in recent times. Justice Dixit noted that the content of election speeches these days has fallen "abysmally law", adding that it was not sure whether such standards could fall any lower."This Court notices that the language, both in terms of quality, content and presentation, during election campaigns nowadays has falled down abysmally low and it is not sure whether it can still go lower, there being no scope for that," the High Court recorded, in its order. The Court proceeded to record an assurance by the counsel for Shivakumar that the Congress leader has since been advised to exercise caution while making remarks.