Today, the Karnataka High Court set aside two criminal cases filed against former Chief Minister Basavaraj Bommai, which alleged that he made objectionable remarks during a protest rally criticizing the Waqf Board and the State Government for purportedly encroaching upon properties belonging to farmers and temples.

Justice S R Krishna Kumar allowed Bommai's petitions and quashed the proceedings initiated under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS) by the Shiggaon Police.

Senior Advocate Prabhuling K Navadgi, appearing for Bommai, contended that the complaints did not satisfy the legal requirements of Section 196(1)(a), which pertains to promoting enmity between different groups on the basis of religion, race, etc.

Opposing the plea, Additional Special Public Prosecutor B N Jagadeesha argued that video footage of the rally prima facie indicated commission of the offence.

However, the court, after reviewing the complaint and referring to precedents laid down by the Supreme Court and High Courts, observed that aside from the statement “wherever a stone is thrown, Waqf property is to be found,” there were no specific allegations that would attract the said provision.

“The vague, bald, and omnibus allegations in the impugned complaint do not make out a case under Section 196(1)(a). Continuing the proceedings against the petitioner would amount to an abuse of process of law,” the bench held while allowing the petitions.

The court clarified that the relief is confined to Bommai alone and does not extend to the other accused in the case.

Case Title: Basavaraj Bommai v. State of Karnataka
Case Numbers: Criminal Petition Nos. 12164/2024 & 12183/2024
Counsel for Petitioner: Sr. Adv. Prabhuling K Navadgi