Karnataka High Court Pulls BJP Leader For Calling State Health Minister "Half Pakistani", Refuses To Stay Defamation Case

The Karnataka High Court on Thursday expressed displeasure at the statement made by Bharatiya Janata Party MLA Basangouda Patil Yatnal referring to State Minister for Health and Family Welfare, Dinesh Gundu Rao as "half Pakistani".

A single judge bench of M Nagaprasanna refused to stay the defamation proceedings initiated against him by Rao's wife Tabbasum Dinesh Rao under Section 499 and 500 of the India Penal Code. It said “The statement straightaway attracts the provisions and this is why defamation cases are on the rise.”

Addressing the MLA's counsel the Judge orally said,

“What statement have you made sir. Why do you have to talk about all this? Whatever comes to your mind you will talk. You cannot dub a particular community to be that, they are here. It is not the way.”

Yatnal's counsel Venkatesh Dalwai argued that the statement was made in response to a statement made by the Minister in public domain. Rao's wife however claims the statement was aimed at her.

The court then orally observed, “Every case I have been seeing and telling, what is the use of mudslinging each other sir? Just because someone's wife is a Muslim, can you dub him to be half Pakistani? This is not the way to talk. This is not correct.”

Dalwai then claimed that the magistrate court, while taking cognizance of the complaint, has not followed procedure and no notice was issued to Yatnal.

The court agreed with this contention and said it will direct the Magistrate to redo the exercise of cognizance. "While taking cognizance under the BNSS the accused has to be heard after issuing notice, there seems to be a procedural aberration in this matter.”

The court said it would release the order on Monday. Before parting, it orally observed, “Don't go individual, what a statement you have made, dubbing every person.”

Case Title: Basanagouda R Patil v. Tabbasum Dinesh Rao

Case No: CRL.P 9683/2024