Karnataka High Court Quashes BJP Slogan FIR, Ads Case, Sets 24-Hour Custody Rule

The High Court of Karnataka has quashed a criminal case against a man accused of raising a pro-Pakistan slogan at a 2022 Bharatiya Janata Party (BJP) demonstration in Mandya, accepting his contention that the phrase was misheard or uttered as “Pakistan Murdabad”. The court ruled that shouting a “Pakistan Zindabad” slogan at a BJP rally was “highly unimaginable” and quashed the First Information Report (FIR) registered against the accused. In another major political judgment, the High Court of Karnataka quashed a criminal defamation case filed by the BJP against former Chief Minister Siddaramaiah and the Congress party over their “40% commission” advertisement campaign released ahead of the state assembly elections.

These judgments are part of a series of decisions handed down by the bench spanning police procedure, matrimonial law, money laundering statutes, taxation, and legal security.

Custody clock, PMLA rules and wife maintenance

In a major ruling on police procedures and personal liberty, the court held that the 24-hour period within which an arrested person must be produced before a magistrate starts from the exact moment a person’s liberty is curtailed or when they are detained by police, not from the time police formally record the arrest in station records. The decision tightens scrutiny on informal police detentions.

On anti-money laundering enforcement, the court ruled that property purchased years prior to an alleged scheduled offence is not immune from provisional attachment under the Prevention of Money Laundering Act (PMLA). The bench held that prior acquisition alone cannot shield assets from statutory attachment by authorities investigating money laundering charges.

Addressing matrimonial maintenance claims, the court set aside a family court order that directed an estranged husband to pay ₹20,000 per month to his wife. The bench held that gainful employment, self-sufficiency, and financial independence are valid legal grounds to deny maintenance. A wife who earns enough to maintain herself is not entitled to maintenance payments, the court ruled.

Advocate protests, court contempt and RTE notices

The rulings coincided with widespread agitation by the legal fraternity. More than 1,000 advocates staged a demonstration outside the Karnataka High Court in Bengaluru, condemning the recent murders of fellow lawyers and demanding immediate legislation for their protection. Responding to the crisis, the court stated that physical attacks on lawyers cannot be seen as isolated incidents. The bench directed the court Registry to register a public interest litigation (PIL) on the issue and ordered the Karnataka state government to submit existing standard operating procedures (SOPs) and instructions regarding lawyer safety.

However, the court also cracked down on judicial disruptions, initiating suo motu contempt proceedings against a group of advocates for creating a severe ruckus inside the Chief Justice’s court hall while attempting to enforce court boycott protests.

State pushed on RTE rates and tax disputes

In educational administration, the court issued formal notices to both the Union government and the Karnataka state government following a petition from private school associations. The petition demands a transparent, updated formula for calculating Right to Education (RTE) fee reimbursement rates for private educational institutions.

On direct taxation, the court dismissed an appeal filed by the Income Tax Revenue Department against Karnataka Bank. The ruling upheld tax relief granted to the private lender regarding its investment portfolio, disallowance calculations under Section 14A, Minimum Alternate Tax (MAT) provisions, and tax deducted at source (TDS) on automated teller machine (ATM) charges.

The state government must now file its response detailing safety SOPs for legal professionals, while central and state departments submit responses regarding the RTE reimbursement formula.