Karnataka HC stays FIR against Mangaluru street vendors’ leader; pulls up govt over SC order interpretation

Mangaluru: The Karnataka High Court has stayed the FIR registered against Dakshina Kannada District Street Vendors’ Association working president B K Imtiyaz and others during a civic body’s eviction drive against street vendors near Mangaluru’s Town Hall, while questioning the state government’s interpretation of a Supreme Court order.

The High Court observed that the Supreme Court had not directed authorities to evict street vendors and that the statutory protections available to them under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, continued to remain in force.

The court was hearing a petition filed by senior advocate S Balan, appearing for Imtiyaz and others, challenging the FIR registered on a complaint by Mangaluru City Corporation officials.

During the hearing, Justice M Nagaprasanna observed that the Supreme Court order relied upon by the authorities related to providing proper footpaths along roads and did not direct the removal of street vendors.

The court also stressed that any eviction of street vendors had to follow the procedure prescribed under the 2014 Act, including provisions relating to their protection and rehabilitation.

The FIR arose after MCC officials launched an eviction drive against temporary stalls operated by street vendors near the Town Hall area as part of measures purportedly taken in compliance with the Supreme Court directions. Imtiyaz and other office-bearers of the street vendors’ association had intervened during the operation.

Balan argued that the complaint alleged obstruction and assault on officials but did not identify any alleged victim, describe the nature of the assault or mention any injuries. He said video footage of the incident showed Imtiyaz merely requesting officials not to proceed without following due legal procedure.

The petition also contended that the Supreme Court judgment in Maniyar Iliyaz v P Ayyappan and Others, cited by the authorities, concerned pedestrian infrastructure and did not order the eviction of street vendors or weekly markets.

Balan further argued that the Sunday Bazaar was a weekly market comprising temporary stalls and could not be treated as permanent encroachment.

The petitioners said the case had wider implications for street vendors across Karnataka, stressing that civic authorities must follow the statutory process before eviction or relocation.