Can't use religious places for political purposes: Karnataka HC refuses to quash case against former BJP leader KS Eshwarappa

The Karnataka High Court on Thursday refused to quash criminal proceedings against former Deputy Chief Minister and BJP leader KS Eshwarappa in a case registered against him for misusing places of worship. [KS Eshwarappa & Ors v. State of Karnataka].Justice S Sunil Dutt Yadav observed,“You can’t use religious places for political purpose. Simple. Put a full stop to this.” .The case arises from an alleged event that occurred when the Model Code of Conduct was in force during the 2024 Lok Sabha elections. A complaint was lodged alleging that KS Eshwarappa and others conducted a political meeting at the Adi Ranganatha Temple in Shivamogga district.Based on the complaint, the Tunganagar Police registered a criminal case under Sections 3, 6, and 7 of the Religious Institutions (Prevention of Misuse) Act, 1988..Counsel for the petitioners, Advocate Leelesh Krishna, argued that no political speech was delivered at the temple. He said that since the authorities had failed to specify the alleged political activity, the essential ingredients of offences under Sections 3, 6, and 7 were not made out. He further submitted that the chargesheet relied primarily on official witnesses, with only one alleged eyewitness.It was also contended that the Act applies only to persons connected with the management of a religious institution, and not to third parties like visiting individuals.The counsel went on to argue that Eshwarappa was a “retired politician,” prompting the Court to quip,“Politicians don’t retire.”.Opposing the plea, Additional Special Public Prosecutor B N Jagadeesh contended that witness statements indicated a meeting was organised at the temple premises. The meeting involved a discussion relating to contesting elections. Any person involved in the contravention would fall within the scope of Section 7 of the Act, he said..The Court noted,“In so far as legal contention raised and as to the two apparently divergent views relied on by counsels by the both the sides. Matter requires further consideration."The case will be taken up next after June 15.