The High Court of Karnataka has termed as “reckless” the registration of criminal case, the conduct of investigation, and filling of charge sheet against a 29-year-old man, who had printed on his wedding invitation card that “making Narendra Modi as Prime Minister again would be the marriage gift to bride and groom because India’s future should be secure.”
“How a wedding invitation card is projected to become an election pamphlet by the complainant or even the police, who conducted investigation to file a charge sheet, is ununderstandable,” the court observed.
“If the petitioner-bridegroom, who wants to get married describes the greatest gift to him is voting for Narendra Modi, yet again, long before the notification of calendar of events, it is preposterous, to say the least, as to how the crime itself could have been registered and upon that, investigation by the police and filing of the charge sheet,” the court said, pointing out that wedding card was printed on March 1, 2023, much before the election code of conduct came into force from March 16, 2023.
Justice M. Nagaprasanna made these observations while quashing the criminal case booked against Shivaprasad, resident of Alanthaya village in Kadaba taluk of Dakshina Kannada district, and Balakrishna A., who owns a printing unit and had printed the invitation card, for violating Section 127A of the Representation of Peoples Act, 1951.
Section 127A of the Act imposes restrictions on the printing of election pamphlets, posters, etc. which contain any content related to elections, during the period in which the model code of conduct for election would be in force, and the case against the petitioners was booked by the election flying squad on April 19, 2023, when the campaigning for elections to the Lok Sabha was under way.
Though wedding card cannot be treated as an election pamphlet, the court said that restriction on printing election pamphlet can be imposed only when code of conduct of conduct of election is in force. Also, the court said that flying squads come into existence once the calendar of events for election are notified and for the purpose of observation during the elections.
The court said that permitting further criminal proceedings against the petitioner would result in patent injustice.
Published – December 26, 2024 08:27 pm IST