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Synopsis

The Karnataka High Court on Wednesday halted further proceedings in the FIR filed against BJP Leader and IT Cell head, Amit Malviya for his tweets against Congress Leader, Rahul Gandhi under sections 153A, 120B, 505(2) and 34 of the Penal Code, 1860.

Justice M. Nagaprasanna, while granting interim relief to the petitioner observed that since the alleged tweet was person specific, it cannot be viewed as against a group of persons or class, attracting rigours of Section 153A of the Penal Code, 1860.

“The tweet that is alleged or which has become the fulcrum of the present allegation is against an individual. If the tweet is against an individual, how has it created disharmony or enmity between different groups on the ground of religion, race, place of birth or residence is not divulged in the complaint”, Court said while referring to Ss. 153A and 505(2) of the Penal Code, 1860.

Lok Sabha Member and BJP Leader Adv. LS Tejaswi Surya argued that the FIR was without any substance and only in pursuance of a political vendetta – The logical conclusion of the video alleged by the complainant cannot establish an intention to promote animosity or hatred between communities on the basis of religion or faith, counsel for the petitioner vehemently submitted.

As per the complaint, statements like "Rahul Gandhi is dangerous and playing an insidious game" and "more dangerous are people who are pulling the strings of #Raga like Sam P (itroda), staunchly anti-India, they leave no stone unturned to defame India overseas, just to embarrass Hon'ble PM @narendramodi ji" were defamatory and incited hatred.

The Karnataka Police lodged FIR against the petitioner on 27.06.2023 upon a complaint received by the co-chairman of KPCC Communication and Social Media Department, Ramesh Babu.

Case Title: Amit Malviya v State of Karnataka | Crl. Petition no. 6097 of 2023