Karnataka Court Orders Probe Against Minister KS Eshwarappa For Alleged Hate Speech, Sedition

"This complaint is referred to SHO of Doddapete Police Station, Shivamogga under section 156(3) of Cr.P.C for investigation."

The direction was given on a private complaint filed by one Riyaz Ahamed. It is stated in the complaint that the accused made provocative speeches in connection with the murder of Bajrang Dal worker Harsha, with an intention to promote enmity between Hindus and Muslims.

It was stated that whereas an FIR was lodged against the alleged murder case and the matter was at investigation stage, the accused started propagating publicly that the murder of Harsha took place due to political and religious cause.

"The accused have provoked the people of one religion and the result of which, on 21-02-2022 a procession ws also held by the community of one religion against the community of another religion and also committed the act of rioting and also pelted stones on many innocent people in the public and also caused damage to the house and vehicles of the innocent people by setting fire. The said rioting was committed due to the public speech and statement made by the accused persons," the complainant averred.

The complainant had thus approached the Police seeking registration of an FIR under Sections 124-A (Sedition), 153-A (Promoting enmity between different groups on grounds of religion, etc.), 153-B (Imputations, assertions prejudicial to national-integration), 295- A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion), 505(2) (Statements creating or promoting enmity, hatred or ill-will between classes) and 504 (Intentional insult with intent to provoke breach of the peace), r/w. section 34 of Indian Penal Code.

However, his was not entertained, allegedly due to "political power" of the accused. It is averred that the complainant has also approached all the higher authorities but all his efforts went in vain.

Court findings:

The court on going through the details of the complaint noted that the complainant has complied with directions given by Apex Court in the Priyanka Srivastava's Case.

It then observed, "The complainant has produced documents in compliance of section 154 of Cr.P.C and also filed an Affidavit in that regard in which is inclusive of complaint averments. The complainant has sought to refer this case to the jurisdictional police for investigation. As such at this pre- cognizance stage bar under section 196 Cr.P.C will not come into play. This is also held by our Hon'ble High Court of Karnataka in Criminal Petition NO.8733 OF 2017 between Sri. A. Alam Pasha VS 6 PCR.No.5716/2022 Anant Kumar Hegde and another decided on 10-02-2021."

Following which it referred the complaint for investigation.

Case Title: Riyaz Ahamed v. K.S.Eshwarappa

Case No: PCR.No.5716/2022

Date of Order: 30th March 2022

Appearance: Advocate NG.R for complainant.