Karnataka HC quashes criminal cases against Basavaraj Bommai over protest remarks

Bengaluru: Karnataka High Court on Friday set aside two criminal cases filed against BJP leader and former Chief Minister Basavaraj Bommai, which alleged he made objectionable remarks during a protest rally criticising the Waqf Board and the state government over alleged encroachment on farmers' and temples' properties.

Justice S R Krishna Kumar, delivering the order, allowed Bommai's plea to quash the proceedings that had been initiated by Shiggaon police under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS), which pertains to promoting enmity between different groups on grounds such as religion or race.

Senior advocate Prabhuling K Navadgi, representing Bommai, contended that the complaints lacked the essential elements required to constitute an offence under Section 196(1)(a).

In response, Additional Special Public Prosecutor B N Jagadeesha argued that the video evidence of the protest prima facie suggested Bommai had committed the offence.

However, after reviewing the complaint and referring to relevant Supreme Court and High Court precedents, the judge observed that the allegations were too vague and lacked substance.

It noted that aside from Bommai's statement -- "wherever a stone is thrown, Waqf property is found" -- the complaint did not contain specific elements that could sustain charges under the said provision.

Declaring that pursuing the case would amount to an abuse of legal process, the court quashed the proceedings against Bommai. The judge clarified that the relief is limited to Bommai and does not extend to other accused individuals named in the FIR.