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Synopsis

The Karnataka High Court has stayed proceedings in the case against journalist Ajeet Bharti, who was accused of spreading false information about Congress leader and Member of Parliament (MP) Rahul Gandhi.

A Single Judge bench of Justice M. Nagaprasanna, emphasised that the case centered on a tweet by Bharti that allegedly contained misinformation derived from national newspaper reports. The court noted “The tweet by the petitioner results in a complaint being given against the petitioner for spreading false news and fabricated propaganda violating Sections 153A, 504 and 505 of the IPC. The very subject of that it is fabricated propaganda, is contrary to the records, as the national news papers had carried what the petitioner had tweeted.”

The court further stated “If the tweet is a result of certain news paper reports, which were also a claim by a certain former Congress leaders and the petitioner is also tweeted with regard to such claim, it becomes a claim versus claim. Therefore, the genesis of the problem lies in the claim as afore-quoted, which has resulted in the tweet by the petitioner.”

The First Information Report (FIR) against Bharti was lodged by BK Bopanna, the legal unit secretary of the Karnataka Pradesh Congress Committee (KPCC). Bopanna accused Bharti of disseminating false information through his social media account, X (formerly Twitter). According to the complaint, Bharti posted a video alleging that Rahul Gandhi intended to replace the Ram Mandir in Ayodhya with the Babri Masjid. Consequently, Bharti was charged under sections 153-A (promoting enmity between different groups) and 505(2) (statements creating or promoting enmity, hatred, or ill-will between classes) of the Indian Penal Code (IPC).

Senior Advocate M. Aruna Shyam, representing Bharti, argued that his actions were protected under his fundamental rights as enshrined in the Constitution and that the complaint infringed upon his freedom of expression. It was further highlighted that the news had been published by popular national newspapers, namely the Hindustan Times and Times of India. “The aforesaid two reports are by former congress leaders who claim that Rahul Gandhi had said so. After these two reports being published in the national news papers, the petitioner puts up a tweet,” the counsel argued. Therefore, seeking the quashing of the complaint.

The court noted that further investigation could not proceed until the truthfulness of the newspaper claims was established. "Therefore, it is for the learned SPP (Special Public Prosecutor) to clarify the truthfulness or otherwise of the afore-quoted columns of the ex-Congressman. Until such clarification occurs, no further investigation can be permitted against the petitioner," the court stated.

The matter is scheduled for further hearing on July 19.

 

Cause Title: Ajit Bharti v State of Karnataka [CRL.P 5877/2024]