Bengaluru: The Karnataka High Court on Friday (June 27) quashed two criminal cases registered against Bharatiya Janata Party (BJP) leader and former state chief minister Basavaraj Bommai who was accused of making objectionable remarks during a protest rally criticising the Waqf Board and the state government of Karnataka over alleged encroachment on farmers’ and temples’ properties.
Justice SR Krishna Kumar granted the relief to the former Karnataka chief minister while allowing his pleas seeking quashing of the cases registered against him last year.
Bommai was booked under section 196(1)(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS) accusing him of promoting enmity between religious groups.
The case was registered following an alleged statement made by him during a protest rally by BJP in November 2024 in which he allegedly criticised the Waqf Board and the state government over alleged encroachment on farmers’ and temples’ properties.
The counsel representing Bommai argued that the essential elements required to constitute an offence under Section 196(1)(a) lacked in the complaint and that the criminal complaints were frivolous and vindictive.
The counsel representing the State opposed Bommai’s plea seeking quashing of the cases against him and argued that the video evidence of the protest prima facie suggested that Bommai had committed the offence.
The High Court observed that the allegations against Bommai were too vague and lacked substance and further noted that aside from Bommai’s statement “wherever a stone is thrown, Waqf property is found”, there was no specific elements in the complaint that could sustain charges under section 196(1)(a) of BNS and continuation of proceedings against Bommai would amount to abuse of process of law.
The High Court also made it clear that the order for quashing the case is restricted to only Bommai and would not apply to other accused persons in the case.
