Karnataka High Court Asks State To Strictly Implement SOP Banning Rallies, Dharnas Amid Covid Surge

A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj also took on record the statement made by the Karnataka Pradesh Congress Committee that it has temporarily suspended the 10-day padayatra demanding implementation of the Mekedatu project across the Cauvery river.

Senior Advocate Uday Holla appearing for the political party said, "We have taken into account the court's observations made on the previous hearing (January 12) and rising pandemic and suspended the rally." He added that the State government has banned only the respondent 6 padayatra but other political parties are to hold the rallies.

The Additional Advocate General submitted that, "Previously a general notification (January 4) has been issued and they fall under that category. All rallies, dharna and protests are prohibited."

Following which the court in its order said, "AAG submits that pursuant to our order dated January 12, the state government has passed the Government order. It has prohibited all inter-district movement of vehicles to attend the padayatra and all Superintendent of police and Divisional Commissioners are directed to enforce the order strictly. Transport commissioner is directed to take adequate measures. It is submitted that adequate measures have been taken by the State government to implement the government order."

It added, "In view of the Government order issued prohibiting the Padayatra and the suspension of the said padayatra by respondent 6 themselves. We feel that the purpose for which the writ petition was filed no more exists. As such we do not find it necessary to keep the petition pending." Accordingly, it disposed of the petition.

It concluded by saying,

"Before parting we direct the state government to strictly execute the SOP issued on January 4 in all districts and no rallies, dharna's or any other political gathering shall be permitted in the entire state, during the pandemic. So long as the SOP issued by the state government is operational."

The court had on January 12, while hearing a petition filed by one Nagendra Prasad A.V, had directed KPCC to inform as to whether it has taken any due permission to hold the 10 days Padayatra demanding implementation of the Mekedatu project across the Cauvery river.

The court had also directed the political party to inform whether in the said rally they are taking all appropriate steps to ensure the compliance of the Standard Operating Procedure (SOP) issued by the state government and what measures are being taken by them to adhere to the SOP and in case of violation of the SOP what action do they propose to take.

Further, the court had directed the state government to inform the court on the next date (January 14) as to how and why the rallies, particularly the rally held by the Congress party is being permitted to continue and why no appropriate action has been taken by the state authorities to restrain the 6 respondent, from any such activities.

Case Title: Nagendra Prasad A V v. State of Karnataka

Case No: WP 518/2022