The Karnataka High Court on Tuesday issued a four-week stay on a First Information Report (FIR) filed against Dr CN Ashwath Narayan, a former minister and Bharatiya Janata Party (BJP) leader.
The FIR was registered in relation to his remarks against Chief Minister Siddaramaiah during a rally before for the State Assembly elections.
Justice M Nagaprasanna opined that the offence of provocation with the intent to cause a riot was not prima facie established.
The Court observed, “What merits consideration now is whether the facts would meet the ingredients of Section 153… the result of the statement should be so provocative that it should or is capable of resulting in rioting.”
The Court also directed the State to respond to Narayan’s plea seeking the quashing of the FIR within four weeks.
The FIR was registered based on a complaint dated May 24, which alleged Narayan’s remarks against Siddaramaiah during the election campaign in February 2023.
The BJP leader was booked under Sections 506 (criminal intimidation) and 153 (provocation with intent to cause riot) of the Indian Penal Code (IPC).
During today’s hearing, Senior Advocate Prabhuling Navadagi, representing Narayan, argued that the complaint was filed by M Lakshmana, who was not present when the remarks were allegedly made, and no video or audio recording of the incident was produced.
Navadagi stated, “It is his version of what happened. There has to be prima facie material, something further.”
The senior counsel further contended that once a non-cognizable report was filed based on an earlier complaint, a second complaint for the same offence could not be registered.
He argued that the change in government overnight led to a change in the police’s approach, resulting in the filing of a second complaint for the same offence.
Narayan challenged the FIR, asserting that his remarks were made in an “enthusiastic” manner during the election campaign to motivate his party workers.
“Narayan, without intending to cause any sort of injury (verbally or physically) to the then opposition leader in State, made the speech only with the intention of defeating another political rival in the elections and it was meant in a way of vanquishing an opponent by way of electoral poll,” the petition stated.
Narayan claimed that the complainant chose to act on the statement made in February soon after the new ruling party came to power.
He further alleged that the complainant was attempting to create disturbance by portraying the political statement a ‘colour of enmity and hatred’ amongst the public.
Additionally, Narayan accused the complainant of capitalizing on the electoral victory to settle scores with his political rivals.
