Karnataka HC Raps State Govt for Allowing Protest on Waqf Law Amid SC Hearing: ‘Issue is Sub Judice’

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Bengaluru: The Karnataka High Court has come down heavily on the state government for allowing a protest against the newly amended Waqf Act, even as the matter is currently being heard by the Supreme Court. The court termed the government’s decision “inappropriate” and said it had no authority to permit demonstrations while the issue remains sub judice.

Justice M Nagaprasanna, who was hearing a petition filed by Mangaluru resident A Rajesh, strongly questioned the state’s move. “What protest are you permitting now when the apex court is hearing the matter?” the judge remarked, expressing clear displeasure.

The high court also referenced the Supreme Court’s earlier observations disapproving of similar demonstrations in other states, notably in Murshidabad, West Bengal — a region that has seen recent communal unrest. “Being a state, you should not have permitted any protests on the issue when the matter is sub judice,” the court said.

The petition was filed in response to an April 15 circular issued by the police, which advised motorists to avoid certain routes in light of the demonstration against the Waqf law amendments. The petitioner’s counsel, senior advocate D R Ravi Shankar, argued that the circular adversely affected his client, raising concerns over public inconvenience and legality.

In response, the state’s counsel defended the move by stating that the police had only issued a traffic advisory and suggested alternate routes to ensure the smooth flow of vehicles and public safety.

The amended law regulating waqf properties has drawn significant criticism from various quarters, with multiple petitions filed in the Supreme Court challenging its constitutional validity. The Karnataka High Court’s observations now place additional pressure on the state to reconsider its approach toward politically and communally sensitive demonstrations during ongoing judicial review.

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