Justice M Nagaprasanna famous that the state authorities had not issued any notification beneath the Karnataka Epidemic Diseases Act barring padayatra and such actions.
The HC additionally quashed 4 different proceedings against Shivakumar — who can be the state Congress chief — that have been initiated against him beneath the identical Epidemic Diseases Act.
“The notification which the State depends upon is the one issued beneath the Disaster Management Act and not beneath the Epidemic Diseases Act. Therefore except notification beneath Epidemic Diseases Act is issued barring such actions, taking recourse to the Disaster Management Act and bringing it into Epidemic Diseases Act is unavailable,” the HC stated in its order quashing the case.
The grievance against Siddaramaiah and Shivakumar together with eleven others was filed by the tahsildar of Ramanagara on January 12, 2022. It was alleged that they’d violated the Government orders and went forward with the padayatra with out permission.
A neighborhood Justice of the Peace had taken cognizance of the crime and initiated proceedings. The Congress, then in opposition, had staged a padayatra demanding the implementation of the Mekedatu reservoir venture throughout the Cauvery river, close to Kanakapura within the Ramanagara district.
Quashing the case, the HC stated, “The registration of the case and the submitting of the cost sheet by the police for violation of Epidemic Diseases Act is rendered unsustainable. All different offences alleged beneath IPC are offshoots of Section 5 of the Epidemic Diseases Act. That having been rendered unsustainable, all different offences would additionally comply with swimsuit.”
