Delhi’s Tis Hazari Court rejected a criminal complaint against Congress President Mallikarjun Kharge, ruling his election rally speech was political criticism aimed at BJP/RSS ideology and did not constitute hate speech or defamation.
Delhi’s Tis Hazari Court has rejected a criminal complaint against Congress President Mallikarjun Kharge. The court declined cognisance and rejected the complaint. The complainant, an RSS Member, had alleged hate speech given by Kharge during an election rally in Naregal, Karnataka, in April 2023. It was also alleged that Kharge had made defamatory remarks against PM Modi.
Court: ‘Statement Not Aimed at Any Community’
The court said that no offence of hate speech is made out. “The statement was not aimed at any community or religion.”
Earlier, in December of last year, the court had refused to direct the registration of an FIR against Mallika Arjun Kharge.
Judicial Magistrate First Class (JMFC) Preeti Rajoria has recently declined the cognisance and dismissed the complaint against Mallikarjun Kharge. “The statement is merely aimed at the political and ideological principles and not at any community defined by religion, caste, or ethnicity,” JMFC Rajoria said in the order passed on November 11.
The court also stated that no violence was incited following the speech. “Lastly, it is a settled position of law that mere criticism, however harsh and offensive, is not sufficient to make it punishable as ‘hate speech’ unless it tends to incite hatred between two groups,” the court said.
Defamation Charge Also Dismissed
The court said that the evidence on record prima facie does not point towards the commission of the offence of defamation under Section 500 IPC. “It is pertinent to note that cognisance for offence u/S 500 IPC for offence of defamation is also barred in the present case, since the present complaint has not been filed by the victim himself, the Prime Minister,” JMFC Rajoria said.
While rejecting the complaint, the court also took into consideration the judgment in the case titled ‘Pravasi Bhalai Sangathan vs. Union of India’ wherein the Supreme Court held that there must be a direct nexus between the hate speech and incitement/public disorder.
Cognisance Declined, Complaint Dismissed
The court said, “There are no sufficient grounds for proceeding further against the proposed accused/alleged for any offence as no offence of defamation and hate speech as alleged, is made out against the proposed accused.”
“Therefore, cognisance is declined and the present complaint is disposed of as dismissed,” the court ordered.
Background of the Complaint
In December 2024, the Court refused to give directions for the registration of an FIR against Congress Chief Mallikarjun Kharge. Complainant Ravinder Gupta had alleged hate speech against the BJP and RSS in an election rally in Karnataka in April 2023. The court, after hearing the submissions by Complainant’s counsel and considering the Action Taken Report (ATR) by Delhi Police, refused to give directions for registration of FIR on December 9, 2024. The Court had said that the Complainant is at liberty to lead pre-summoning evidence (PSE). In case any requirement of investigation arises at a later stage related to some disputed facts, the provision of section 202 Cr.PC could be resorted to.
The Complaint was filed through advocate Gagan Gandhi. The Court noted that the allegation is that Kharge made scathing remarks against the BJP and RSS in an election rally, and the complainant is aggrieved since he is a member of the RSS. The court stated that the evidence is readily within the reach of the complainant and no assistance from the police is required to gather it.
It was alleged that the accused gave hate speech on 27.04.2023, wherein Kharge passed a scathing remark against PM Narendra Modi while addressing an election rally at Naregal, Gadag, Karnataka. It was further stated in the complaint that later on the same day, the alleged accused in other election rallies had clarified that his statement was not against the Prime Minister but against the BJP and RSS. As a member of the RSS, the complainant feels defamed, as he is an ardent follower and active member of the RSS. (ANI)
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