Karnataka High Court Reserves Verdict In Tejasvi Surya's Plea To Quash Case For Allegedly Spreading 'Fake News' About A Farmer's Suicide

The Karnataka High Court on Thursday (December 5) reserved its verdict in a plea filed by BJP Member of Parliament Tejasvi Surya seeking quashing of a case registered against him after he was accused of spreading 'fake news' regarding the suicide of a farmer in Haveri district.

After hearing the parties Justice M Nagaprasanna said, "Heard, reserved". 

During the hearing the senior counsel appearing for Surya said that the allegation is that he has made certain tweet based on certain news item. "Even if it is taken as true there is no ingredient of Section 353 (BNS) made out. As a matter of fact he has deleted the tweet. Criminal proceedings against this petitioner will not survive," he said. He further said that the next day the father of the deceased had also given an interview to the media.

The counsel appearing for the State however opposed the plea and said that the tweet "gives the impression that the present dispensation had done all this".

At this stage the court orally said, "It is a very sorry (situation)...A Life was lost. A farmers son commits suicide for debts or whatever it is. All of you are playing politics with it". 

To this the counsel appearing for the State said, "Who is spreading politics is the question now". 

At this stage the court orally said, "What generates the tweet? What is the backdrop of generation of the tweet? A furore by farmers...The furore of the farmers is for a reason. Then what is the reason of this tweet? Because of the furore of the farmers...Whoever it is, when such things happens. Sympathy is created in this way. Suicide is for what reason. That they will investigate...the tweet is deleted immediately. Next day father gives interview. What do you say about that? It is in public domain. His father is venting out grievance about his son's death for a reason...Why 505(2)? Facts will not amount to 505(2)". 

At this stage the counsel said that he shall place all the facts. To which the court orally said that it will record all the facts and added, "We will go by tweet. We will go by complaint. We will go by the facts". The counsel said that he shall place the requisite judgments in support of their case. 

The court after hearing the parties for some time reserved its verdict. 

On November 14 the high court had by way of interim relief stayed investigation in the case registered against Surya. The court had then passed the interim order on the petition filed by Surya seeking to quash the FIR. The court took into consideration the submission of the petitioner that the alleged tweet has been deleted after the police issued a clarification in regards to the suicide and also the interview give to the media by the father of the deceased.

On November 7, Surya had shared an article from Kannada news portals claiming that a farmer, Rudrappa Channappa Balikai, had died by suicide after discovering his land had been taken over by the Waqf Board.

The post was later deleted after it was revealed that the claims were unfounded. The Haveri district Superintendent of Police (SP) clarified that the suicide of Rudrappa Channappa Balikai had occurred on January 6, 2022, but was unrelated to any Waqf Board land dispute but was due to financial pressures from crop loss and outstanding loans.

Following which the police registered a suo-motu case under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) on November 7, for publishing or circulating statements intended to promote hatred, ill-will, or enmity between different groups.

Case Title: L S Tejasvi Surya AND State of Karnataka