HC stays proceedings against JP Nadda in 'undue influence in election’ case

NT Correspondent

Bengaluru: The High Court of Karnataka has stayed the criminal proceedings against BJP national president JP Nadda by the Shiggaon police in Haveri district.

Justice M Nagaprasanna issued the stay order on a petition challenging the case filed for “punishment for undue influence or personation at an election” under Section 171F of the Indian Penal Code and Section 123(2) of the Representation of the People Act.

The case was adjourned for hearing after the grant of stay. The case was registered against Nadda after he made a speech between 1.15 p.m. and 1.50 p.m. on April 19, 2023, at the Shiggaon Taluk Playground addressing a rally during the recent Assembly Election.

It was alleged that he threatened the voters that if they did not support the party, they would be deprived of the largasees from the central government. Election Officer Lakshman Nandi had filed a complaint in this regard with the jurisdictional police, alleging that undue influence was being made on the voters.

The case is now pending before the Principal Civil and CJM Court, Haveri. The petition in the HC filed by advocate Vinod Kumar M stated that the Magistrate had granted permission for registration of the case without jurisdiction.

The informant had to present the complaint to the Magistrate but it was sent by the investigating officer through a police constable. Since Nadda was a Member of Parliament, the permission for the registration of the case can be granted only by a designated special court.

Therefore, the registration of FIR which is violative of the mandatory proceedings enumerated in the code of criminal procedure and the catena of judgements passed by the Hon'ble Apex Court as well as this Hon'ble Court.

Therefore, the continuation of investigation is an abuse of process of law," the petition said. It may be recalled that Justice M Nagaprasanna had quashed the FIR filed against Nadda in a similar case in Harapanahalli police station on August 7 calling it a “reckless registration of crime”.