High Court stays FIR against street vendors’ leader B K Imtiyaz

Mangaluru

The Karnataka High Court has stayed further proceedings in an FIR registered against B K Imtiyaz, honorary president of the Dakshina Kannada Street Vendors’ Association, observing that the complaint did not contain allegations indicating that he had used force against municipal officials during an eviction drive.

Justice M Nagaprasanna passed the order on August 25 while hearing a petition filed by Imtiyaz, challenging FIR No. 160/2026 registered against him and others.

Imtiyaz had opposed the eviction of street vendors, contending that the authorities had failed to follow the procedure prescribed by law while carrying out the eviction. He had also questioned the claim that the eviction drive was being undertaken in accordance with a Supreme Court judgment.

According to the submissions before the High Court, the Supreme Court judgment cited by the authorities does not direct the blanket eviction of street vendors. The petitioner’s advocate S Balan argued that even when action is taken against street vendors, the authorities are required to follow the law and due procedure.

The petitioner relied on the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which provides statutory protection to street vendors and regulates the manner in which street vending can be regulated or evictions carried out.

Imtiyaz had protested against what he alleged was the State government’s failure to follow the provisions of the 2014 Act and the principles laid down by the Supreme Court while removing street vendors.

The FIR invoked Section 132 of the Bharatiya Nyaya Sanhita (BNS) against Imtiyaz and others. However, the High Court noted that the complaint did not contain material alleging that Imtiyaz had used force against municipal officials who were allegedly carrying out the eviction operation.

Justice Nagaprasanna, while dictating the order, observed that in the absence of such allegations in the complaint, further proceedings pursuant to the FIR should be stayed.

The High Court has accordingly stayed further proceedings in the FIR against Imtiyaz and the other accused and issued notice to the State government.