Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

The Karnataka High Court on Wednesday (November 27) quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X (formerly Twitter), by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress.

A single judge bench of Justice M Nagaprasanna allowed the petition and quashed the proceeding against Vijayendra and one Prashant Makanur. The two were charged for offences punishable under sections 505(2) (Statements creating or promoting enmity, hatred or ill-will between classes) and 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of IPC and section 125 (Promoting enmity between classes in connection with election) of Representation of People Act.

The detailed order is awaited. 

As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant about a certain post that was made on the official X (former twitter) account of BJP @BJP4Karnataka handle. The said tweet was stated to have made certain statements about the governance of Congress government in the state as well as comments on CM Siddaramaiah, Deputy CM DK Shivkumar as well as Congress leader and MP Rahul Gandhi.

It was alleged that the said statements were made with an intent to incite hate among various caste, race, linguistic groups and religions and that these statements were to cause disorder in the society and to gain votes in an unfair manner by violation of the model code of conduct.

Based on the complaint the Malleshwaram Police had registered the aforesaid FIR. Senior Advocate Aruna Shyam appearing for the petitioner had argued that allegations made in the FIR are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion, to proceed as against the petitioner.

Further, the petitioner contended that the registration of FIR was politically motivated and it has resulted in violation of the petitioners fundamental right to reputation and right to freedom of speech and expression.

The petitioners had prayed for quashing the entire proceedings as it is violative of their Fundamental Rights guaranteed under Article 19 and 21 of the Constitution of India.

Case Title: B Y Vijayendra & ANR AND State of Karnataka

Counsel for Petitioner: Senior Advocate Aruna Shyam for Advocate Suyog Herele 

Citation No: 2024 LiveLaw (Kar) 485

Case No: Criminal Petition No 5478/2024