The High Court of Karnataka has dismissed a case against Chief Minister Siddaramaiah and Deputy Chief Minister D K Shivakumar, along with several others, regarding the violation of Covid-19 restrictions during a padyatra (foot march) in January 2022.
The case was filed against them under the Karnataka Epidemic Diseases Act and the Indian Penal Code (IPC). The court's decision came after it was challenged before the High Court.
Justice M Nagaprasanna, while delivering the verdict, observed that the state government had not issued any notification under the Karnataka Epidemic Diseases Act that explicitly prohibited padyatras or similar activities. The court further stated that the notification relied upon by the state was issued under the Disaster Management Act and not the Epidemic Diseases Act. Therefore, bringing the provisions of the Disaster Management Act into the Epidemic Diseases Act was deemed unavailable.
The complaint against Siddaramaiah, Shivakumar, and others was filed by the tahsildar of Ramanagara on January 12, 2022. It was alleged that they had violated government orders and conducted the padyatra without permission. Subsequently, a local magistrate had initiated proceedings based on the complaint.
The padyatra was organized by the Congress party, which was in opposition at the time, to demand the implementation of the Mekedatu reservoir project across the Cauvery river near Kanakapura in the Ramanagara district.
The High Court, while quashing the case, stated that the chargesheet filed by the police for the violation of the Epidemic Diseases Act was rendered unsustainable. The court emphasized that all other offenses alleged under the IPC were derivatives of Section 5 of the Epidemic Diseases Act, and since the latter was deemed unsustainable, the other offenses would also follow suit.
The 13 petitioners approached the court questioning the complaint filed by the tahsildar. They argued that the magistrate's order lacked judicial scrutiny and failed to consider whether the ingredients of the alleged offenses were prima facie established in order to take cognizance. They contended that the order dated March 17, 2022, was illegal and should be quashed.
Following the verdict, the court also granted relief to Deputy Chief Minister D K Shivakumar in four separate petitions challenging charges filed against him under the Epidemic Diseases Act. The court quashed the prosecution in those cases as well.
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