Karnataka High Court Quashes FIR Against BJP MLA Basangouda Patil Yatnal Over Alleged Derogatory Remarks Against Rahul Gandhi

The Karnataka High Court on Thursday (December 12) quashed an FIR registered against BJP MLA Basangouda Patil Yatnal for making allegedly derogatory remarks against Congress Leader and Leader of Opposition Rahul Gandhi.

Justice M Nagaprasanna while pronouncing the order said, "Allowed quashed". 

The court had reserved it order after hearing the parties on November 28.

Patil had told the court that he merely responded to certain statements made by Gandhi when the Congress MP went overseas. Further, no ingredients of the alleged offences registered against him in the FIR are made out and if the Congress leader is "so aggrieved", he may file a defamation complaint which the BJP leader said he will defend.

Advocate Venkatesh Dalwai appeared for the petitioner had argued that Gandhi made certain statements overseas. "I have questioned his orientation and no ingredients of the offence are made out in the FIR”. Patil has been charged under Section 192 (Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed),196(Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony),353(2) (Statements conducing to public mischief) of BNS.

He further argued that, "This gentleman (Rahul Gandhi) goes overseas and makes statements, he creates unrest overseas. His mother is an Italian national. Is he disputing it? Did I say something about her character or conduct, nothing then where is the question of invoking religious feelings".

Finally he said, “He is a politician who goes outside and makes nonsense statements against India, why should I not respond. If he is so aggrieved, let him file a defamation complaint, I will defend it”.

Advocate Sanket Yenagi for the complainant Manohar S, submitted that this is a clear cut case where investigation is required. He said that the statement is not made by an ordinary citizen and that the petitioner's statement also outrages the modesty of a woman.

Case Title: Basangouda Patil (Yatnal) And State of Karnataka

Case No: Criminal Petition No. 10076/2024

Citation no: 2024 LiveLaw (Kar) 510