BBMP has issued a direction asking shops to ensure that their signboards have at least 60% Kannada in the State of Karnataka. RAI has filed a writ petition in Karnataka High court against BBMP circular of signage requirement (60:40) and we have an interim stay order granted by the court in this matter.
The writ petition assailing the Kannada Language Comprehensive Development Act was listed on 18 March 2024. RAI’s advocate addressed arguments on the matter and pressed for an interim order. We submitted that the matter involved a constitutional challenge and the Act is in violation of Article 345 and a previous judgment of the Hon'ble High Court of Karnataka. It was pointed out that the Act has not been enforced. The Advocate General of Karnataka appeared in the matter and submitted that the act has been gazetted. We pointed out that the date of enforcement has not been gazetted. The advocate general said any interim order may come in the way of enforcement of the act and that the Petitioner should comply with a statute. The judge enquired regarding what was the issue in having name boards in Kannada. We submitted that we require clarifications as the Act is vague as well as need time since it is an expensive and time-consuming process. Various other submissions were made. We pressed for an interim order.
The High Court after much convincing effectively passed the order to the effect that:
(1) The circular dated 28.02.2024 to the extent that it says that shops will be sealed is stayed.
(2) The Ld. AG has to clarify if the date of enforcement of the Act has been notified.
(3) If the Act is not notified the Respondent is restrained from taking any precipitative action against the Petitioners.
(4) Petitioners to make appropriate representation regarding the clarification sought and time required to comply with the Act.
"Prima Facie Untenable": Karnataka HC Directs State to Not Proceed With Circular Which Stated That Shops Not Having 60% Signage In Kannada Would Be Sealed
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