BENGALURU: The Karnataka High Court has quashed the criminal proceedings initiated against BJP MLA Basanagouda Patil Yatnal, BJP MP Tejasvi Surya, and PWD Minister Satish Jarkiholi in separate cases.
The complaint against Yatnal was filed by KPCC for his alleged remarks against LoP in the Lok Sabha Rahul Gandhi and his mother Sonia Gandhi.
The complaint against Surya was registered by Haveri CEN Police over his post on ‘X’ that a farmer died due to the claim of Waqf Board over his land.
The defamation case against Jarkiholi was registered by an advocate alleging he (Jarkiholi) has hurt the sentiments of Hindus stating that the word, “Hindu”, has a dirty meaning.
‘No provocation for rioting’
Justice M Nagaprasanna quashed the proceedings while allowing the petition filed by Yatnal questioning the complaint registered by S Manohar, KPCC secretary, under the provisions of Section 192, 196 and 353(2) of BNS, on September 18, 2024, with High Grounds police, accusing him of commenting on the origin and the roots of Rahul Gandhi and his mother as he (Rahul) had allegedly criticised India abroad.
The court said it is the duty of every citizen, more so, of the elected representatives to protect the integrity of the nation, both locally and globally.
The court noted that the counsel appearing for the complainant sought to generate certain obfuscating contentions which are contrary to the complaint or the offence alleged against the petitioner. He brought in outraging the modesty of a woman. Where it springs from is imaginary. These contentions are preposterous, to say the least.
The allegations of Section 192 of the BNS are wantonly provoking with an intent to cause a riot. Where the ingredients would result in the said offence is a mystery. What is spoken is not capable of any rioting to be committed as they are personal to a person. There is no provocation of any rioting even in the remotest sense of what is alleged. Therefore, the offence is loosely laid, the court added.
Observing that permitting further investigation in the case against Surya when there is nothing to investigate would become an abuse of the process of law, Justice Nagaprasanna quashed the proceedings. “Finding no ingredients of the allegations and to prevent miscarriage of justice, I deem it appropriate to exercise my jurisdiction under Section 482 of the CrPC and obliterate the crime,” the judge said.
The court noted that this is a case where not a definite class of people is alleged to be defamed, but an indefinite class.
The very concept of defaming an indefinite class cannot lead to the offence punishable under Section 500 of the IPC, as the purport of Section 499 and the explanation is that it should be against a definite class of people. Therefore, the offence so alleged both qua Sections 153 and 500 of the IPC are not met even to their prima facie sense in the case, the court said.
The statement in question was whether the word, “Hindu”, was Persian and its meaning was very dirty. Referring to this, the complainant contended that he belongs to Nair community, a Hindu by religion, and the statement made by the petitioner was seen and read in news channels and print media.