[Mekedatu Padayatra] Karnataka High Court stays criminal proceedings against Congress leaders DK Shivakumar, Siddaramaiah

The Karnataka High Court on Tuesday stayed criminal proceedings against thirteen leaders of the Karnataka Pradesh Congress Committee (KPCC), including DK Shivakumar and Siddaramaiah against whom a First Information Report (FIR) was lodged for violation of COVID norms after they held a rally in January demanding construction of a reservoir in Mekedatu [DK Shivakumar v State of Karnataka]..Justice Sunil Dutt Yadav was hearing a plea by the leaders of Indian National Congress’ state unit seeking quashing of the FIR registered for offences under the Karnataka Epidemic Diseased Act and Sections 141 (Unlawful Assembly), 143, 149, 290 (Public nuisance), 336 (endangering life or personal safety of others) of the Indian Penal Code.“Accordingly, subject to further consideration, there would be stay of the proceedings .. till the next date of hearing,” the order said..The padayatra (rally) was conducted to demand implementation of the Mekedatu Project at the confluence of rivers Cauvery and Arakavathi, for storing and supplying drinking water which would in turn harness the water to generate around 400 mega watts of power for the benefit of Karnataka's citizens in general, and the residents of Bengaluru in particular..The complainant had alleged that despite the District Magistrate refusing permission to the rally, the same was carried out by the petitioners. It was the complainant’s stand that by doing so, the petitioners put the health and safety of the public in jeopardy..However, the petitioners opposed the complaint vehemently stating that in order to invoke the Karnataka Epidemic Diseases Act, a notification under Section 3 was required to be issued, failing with the provisions of Act were not enforceable.“It is also imperative to state that in order for the provision of the Karnataka Epidemic Diseases Act are to be imposed, a notification under section 3 of the said act ought to have been published in the official gazette notifying COVID-19 as an epidemic disease, which had not been done till date.”.It was also brought to the Court's notice that the government orders prohibiting processions, rallies, gatherings and dharnas were notified under the Disaster Management Act. Therefore, the Epidemic Diseases Act could not have been pressed since its measures were not brought into force. "The complaint is liable to be quashed on this very ground itself," the plea said..Additionally, it was the petitioners’ contention that the FIR was the outcome of political vendetta and a direct affront to the freedom of speech and expression as guaranteed under the Constitution..Previously, a Public Interest Litigation (PIL) petition was brought before Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj seeking a direction to State authorities to not allow any political rallies, dharnas and protest gatherings as well as restrain the padayatra given the surge in Covid-19 cases.The court had, in this regard, directed the State government to continue the operation of a standard operating procedure (SOP) banning all political rallies and mass gatherings.The bench had also come down on heavily on both the Congress Party and Bharatiya Janata Party (BJP) led government for the Mekedatu rally held by the former..Senior Advocate AS Ponnanna and advocate Arnav A Bagalwadi appeared for the petitioners. .[Read Order]