BENGALURU: The Karnataka High Court on Thursday stayed the notice issued by Ballari police against YouTuber Sameer MD, over uploading a programme concerning the rape and murder of 17-year-old student Sowjanya of Dharmasthala. Justice M Nagaprasanna passed the interim stay order after hearing the petition filed by Sameer, questioning the legality of notice issued to him.
The court stated that the petitioner is calling in question a notice issued under 35(3) of the BNSS by police, directing him to appear before the investigating officer. The notice is completely contrary to the circular dated December 30, 2024, issued by the state government in pursuance to the order passing by the court.
During the hearing, Sameer’s counsel argued that the petitioner had uploaded a programme on Sowjanya’s murder which received wide circulation. Without a complaint, police registered an FIR under Section 299 of BNS, which is offending religious sentiments. There is not a single word in the programme which essentially makes a comment, let alone a critical comment, on any religious issue whatsoever.
Police barged into our law offices on Wednesday and made an attempt to arrest the petitioner. On being rebuffed, notice was served and received at the advocate’s office at 10.45pm, with a direction to appear before the police station at 10.30am on Thursday. They have not furnished a copy of the First Information Report. There is no reason for police to act in such militant haste, the counsel argued.
The court orally questioned the police whether they appended the copy of the FIR to the notice, as per the order of the high court. “Where is the mortal hurry? Because the YouTuber has projected somebody who is influential? What else can it be? Why serve the notice at 10.45pm without the copy of the FIR? Your intention is to arrest.
You are creating a ground for arrest that he has not appeared. Unless you (the police) bring in the notice in accordance with the law, the court will not permit him to appear. If you (Investigation Officer) don’t know the law, he needs to be tutored with what is the latest law.