NEW DELHI: A Delhi court has declined to direct the registration of an FIR against Congress president Mallikarjun Kharge over allegations of hate speech during an election rally in Karnataka in April 2023.
However, the court has taken cognisance of the complaint filed by advocate Ravinder Gupta, a member of the RSS, and allowed the complainant to present pre-summoning evidence.
Judicial Magistrate First Class (JMFC) Chatinder Singh, after reviewing submissions by the complainant’s counsel and the action taken report (ATR) filed by Delhi Police, observed that an FIR was unnecessary in this case.
“The accused is identified, and the complainant already possesses the evidence. Therefore, there is no need for an investigation by the police under Section 156(3) CrPC,” the court stated in its order.
The complaint, filed through advocate Gagan Gandhi, accused Kharge of making inflammatory remarks against the BJP and RSS during an election rally in Gadag district on April 27, 2023. It alleged that Kharge’s remarks were defamatory to RSS members, including the complainant.
While Kharge later clarified that his statements were directed at the BJP and RSS and not personally at PM Narendra Modi, the complainant argued that the speech caused personal harm and defamation.
Despite junking the plea for FIR registration, the court allowed the complainant to present pre-summoning evidence and stated that if a need for police investigation arises later due to disputed facts, the provisions of Section 202 CrPC could be invoked. The case is scheduled for further proceedings on March 27.