Karnataka High Court quashes criminal proceedings against Union Minister Shobha Karandlaje for comments on Rameswaram cafe explosion

The Karnataka High Court on Thursday quashed criminal proceedings against MP Shobha Karandlaje after she made a statement during a protest in Bengaluru linking the suspect in the Rameshwaram cafe blast to Tamil Nadu.

A Single Judge Panel Judge M. Nagaprasanna allowed the petition and quashed the proceedings registered at the Cottenpet Police Station under Sections 123(3),123(3A), and 125 of the Representation of People Act.

The court noted that the Madras High Court recently a similar case was initiated against Karandlaje for the same incident. “The Madras High Court by its order dated 5.9.2024 has quashed the proceedings against the plaintiff. Since the offences are identical and arise out of the same incident, I consider it appropriate to follow the same and close the case against the plaintiff.”

During a protest rally against an attack on a shopkeeper in Bengaluru, the BJP MP said: “Law and order in Karnataka has deteriorated. People from Tamil Nadu are planting bombs here, people from Delhi are chanting 'Pakistan Zindabad' slogans and people from Kerala have been involved in acid attacks.”

Advocate Venkatesh Dalwai, representing the plaintiff, argued that the reading of the alleged offences did not indicate that it was prima facie an electoral offence. He argued that sections 123(3) and 123(3A) must be read only for the purpose of either promoting voting or against voting for a particular candidate.

The government counsel submitted that the Flying Squad officer of the Election Commission had registered the case and that an offence under Section 153 IPC could probably have been registered.

Appearance: Venkatesh S. Dalwai for the applicant.

Case Title: SHOBHA KARANDLAJE AND State of Karnataka & ANR

Case number: CRL.P 2758/2024

Citation Number: 2024 LiveLaw (Kar) 409