IMPORTANT POINT
The central legal point established in the judgment is the need to balance the fundamental right to freedom of speech with the State's power to regulate agitational rights, and the limitations on the court's power to quash criminal proceedings.

ORDER :

1. All these Petitions seek quashment of proceedings in CC No. 12763/2023 pending on the file of learned 42nd ACMM (Special Court for trial of cases against MPs/MLAs in the State). These proceedings arose from Crime No. 54/2022 registered by the High Grounds Police, Bengaluru City, against as many as 36 Accused persons for the offences punishable u/s. 143 of IPC 1860 and u/s. 103 of the Karnataka Police Act, 1963.

2. BRIEF FACTS OF THE CASE:

(a) On 14.04.2022 at about 8 of the clock (morning), the Complainant namely Kum. Jahida, a Woman Police Sub-Inspector whilst on usual rounds received information that a particular Political Party was going to organize a protest in public by surrounding the official residence of the Chief Minister, at Bengaluru. At around 11.30 of the clock, the Accused persons entered the public road shouting slogans against a then Minister of the Government to coerce his resignation.

(b) The group abruptly walked on the public road from Madhavanagar to the point of Race View Hotel at around 12.30 of the clock (afternoon) obstructing the traffic and disturbing the law and order. Therefore, all they were taken to preventive custody, and later enlarged on Police Bail. The said Sub-Inspector lodged the FIR at around 2.30 of the clock (afternoon) and accordingly Crime No. 54/2022 came to be registered on the very day.

(c) The Respondent – Police having investigated into the matter, filed the Charge Sheet for the offences punishable u/s. 143 of IPC & u/s. 103 of KP Act. Learned Judge of the Special Court below having perused the Charge Sheet material, has taken cognizance of the said offences and directed registration of CC No. 12673/2023 vide order dated 13.06.2023. These Petitioners being a few of the accused seek quashment of the said proceedings.

3. SUBMISSIONS MADE ON BEHALF OF PETITIONERS:

(a) The ingredients of the offence punishable u/s 143 of IPC and the offence punishable u/s 103 of KP Act are militantly lacking and the same is demonstrable from the very Charge Sheet material. This aspect has not been adverted to by the learned Trial Judge while taking cognizance of the offences.

(b) The allegation that the protest march organized by the Political Party in question inter alia with the participation of Accused persons had obstructed the free flow of traffic on the public road, and disturbed the law & order, is absolutely false; the said allegation is politically motivated and that the things are done at the instance of the rival Political Party that was then holding reigns of the State.

(c) Ours being a constitutionally ordained Democratic Republic, people and their elected representatives are entitled to seek removal of Ministers on fault grounds and therefore, resorting to public agitation for that purpose does not amount to a culpable act, much less any offence.

(d) Right to free speech & expression constitutionally guaranteed under Article 19(1)(a) includes right to go on strike even in the public, unless that is regulated by law; there was no such regulation as on the eventful day; even going by the Charge Sheet, all the Accused persons were peaceably launching the protest aimed at generating public opinion against the then Ministers of the Government.

(e) The evidentiary material on which Charge Sheet has been structured by the police does not prima facie vouch the allegations made against them; in all probability, even taken at its face value, the proceeding would not result into conviction for the offences for which they are sought to be charged.

4. CONTENTION ON BEHALF OF STATE/POLICE:

(a) On the eventful day, all the Accused along with others, had organized the protest march on the public road despite warning by the Police; a mammoth march on a public road that too during the day time had obstructed the traffic; the protestors raising slogans in high pitch had disturbed the law & order. All this happened in disobedience of police direction.

(b) The provisions of Government Order dated 29.12.2021 p