Hate Speech Against PM Modi: Delhi Court Issues Notice to Mallikarjun Kharge

The Court has listed the matter for further hearing on February 27 and directed that the trial court record be summoned before the next date of hearing.

The revision arises from a complaint alleging that Kharge made hate speech during an election rally held in Naregal, Karnataka, in April 2023. The complainant, who identified himself as a member of the Rashtriya Swayamsevak Sangh (RSS), had alleged that Kharge made derogatory and defamatory remarks against the BJP, RSS and Prime Minister Narendra Modi.

On November 11, 2025, the Tis Hazari Court had rejected the complaint, holding that no offence of hate speech or defamation was made out. Judicial Magistrate First Class (JMFC) Preeti Rajoria had observed that the statements in question were directed at political and ideological positions and not at any community defined by religion, caste or ethnicity.

The magistrate had further noted that no violence or public disorder followed the speech. Relying on settled legal principles, the court held that mere criticism, even if harsh or offensive, does not amount to hate speech unless it has the tendency to incite hatred or violence between groups.

The Court had also held that defamation under Section 500 of the Indian Penal Code was not made out, noting that such complaints must ordinarily be filed by the person allegedly defamed. Since the complaint was not filed by Prime Minister Narendra Modi himself, cognisance of defamation was barred in law.

The Tis Hazari Court had relied on the Supreme Court’s judgment in Pravasi Bhalai Sangathan vs Union of India, which emphasised the requirement of a direct nexus between alleged hate speech and incitement to violence or public disorder. It concluded that there were insufficient grounds to proceed against Kharge and dismissed the complaint.

Earlier as well, in December 2024, the same court had declined to direct registration of an FIR against Kharge in connection with the same speech. The court had noted that the complainant was free to lead pre-summoning evidence and that police investigation was not necessary at that stage as the evidence was within the complainant’s reach. The court had also observed that if disputed factual issues later required investigation, recourse could be taken under Section 202 of the Code of Criminal Procedure.

The complaint had alleged that Kharge, during an election rally on April 27, 2023, made strong remarks against the BJP and the RSS and referred to Prime Minister Modi. It was also alleged that Kharge later clarified that his remarks were directed at the BJP and the RSS and not at the Prime Minister personally.

The complainant had argued that as an RSS member, he felt personally defamed by the remarks.