States High court

K’taka HC Stays Criminal Proceedings Against BJP President JP Nadda over Election Rally Remarks

The Karnataka High Court has stayed the criminal proceedings against BJP national president J P Nadda in connection with certain remarks he made at an election rally in April this year. The case was initiated by the Shiggaon police in Haveri district.

A bench of Justice M Nagaprasanna has granted the stay order following a petition challenging the case filed under “punishment for undue influence or personation at an election” as per Section 171F of the Indian Penal Code and Section 123(2) of the Representation of the People Act.

The case, registered against Nadda, stems from a speech he delivered on April 19, 2023, at the Shiggaon Taluk playground during an election rally. Allegedly, he threatened voters that failing to support the BJP would result in them being deprived of benefits from the Central government.

Election Officer Lakshman Nandi had filed a complaint with the local police, accusing undue influence on voters. After the stay was granted, the case was adjourned for further proceedings and is currently pending before the Principal Civil and CJM Court in Haveri.

The petition filed in the High Court by advocate Vinod Kumar M asserted that the Magistrate had granted permission for case registration without proper jurisdiction. The informant was supposed to present the complaint to the Magistrate directly, but it was sent by the investigating officer through a police constable. Given Nadda’s status as a Member of Parliament, only a designated special court can grant permission for the case registration.

 

Nunnem Gangte

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