Karnataka High Court Stays Investigation Against BJP MP Tejasvi Surya For Posting Allegedly Objectionable Tweets, Violating Model Code Of Conduct

The Karnataka High Court on Friday stayed further investigation in an FIR registered against MP Tejasvi Surya under Sections 153A, 295A of the Indian Penal Code and Section 123 (3A) of the Representation of People Act, for allegedly posting objectionable tweets.

A single judge bench of Justice Krishan S Dixit granted interim relief. It is alleged that on March 17, few men assaulted a shopkeeper in Nagarathpete area of Bengaluru on account of playing a religious song during Azaan at his shop in regard to which the police registered a case.

On March 19, it is stated that Tejasvi visited the place and certain individuals from the said area joined him in front of the shop of the victim. It is argued that the police registered a complaint alleging that they caused disturbances to the general public on the basis of which the police registered for offences punishable under Sections 143,149,188,283,290,268.

Following this, it is stated that a group of activists by the name of Campaign Against Hate Speech lodged a written complaint before the District Election officer against the petitioner, seeking action against him for alleged tweets claiming they were in violation of the model code of conduct. Based on the aforementioned complaint the police registered the FIR.

Counsel for Petitioner argued that what has been tweeted does not reflect any of the grounds specified under section 153A and that tweet is neutral of the grounds so specified in the section.

Following this the bench noted, "I have read and re-read the tweet and put a question to the Public Prosecutor for R1. He submits that the photograph in the tweet reflects certain images which are indicated of a certain religion and therefore the tweet cannot be treated as religion neutral. This is a bit difficult to agree with and reasons are not far to see.”

Further it said that since a crime has been registered against the assailants in respect of the tweeted incident, the court is at the end of its wits to understand how can the tweet in question be faltered. 

The court also stayed further investigation in the petition filed seeking investigation in the offence registered under Sections 143,149,188,283,290,268 against Surya and Member of Parliament P C Mohan.

The court said “Counsel for petitioners argued that the Right to protest and right to take procession on roads is also a Fundamental Right to movement and speech and expression, guaranteed under Article 19 (1) of the Constitution. A contra view taken by this court Criminal Petition 7533/2023 disposed of February 6, 2024 is put to test at hands of Apex court. The Apex court stayed the said judgment.”

It added “That being the position, this matter requires consideration after disposal of case at hands of Apex court, since the judgment would have direct bearing on the adjudication of this case.”

Accordingly it ordered that the matter needed to be admitted since questions raised needed deeper examination at the hands of this court, and allowed the interim relief as sought for.

Appearance: Advocate P Prasanna Kumar for Advocates Akshay S Vasist Anirudh A. Sudharsan Suresh for petitioners.

Case Title: L S Tejasvi Surya AND State of Karnataka

Case NO: CRL.P 2772/2024