Karnataka HC Reserves Order On BJP MLA Basangouda Patil's Plea For Quashing FIR Over Alleged Derogatory Remarks Against Rahul Gandhi

BJP MLA Basangouda Patil Yatnal, while arguing his plea for quashing an FIR registered against him for making alleged derogatory remarks against Leader of Opposition Rahul Gandhi, told the Karnataka High Court on Thursday (November 28) that he merely responded to certain statements made by Gandhi when the Congress MP went overseas.

The BJP MLA told the court that 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.

After hearing the parties, Justice M Nagaprasanna reserved the verdict and extended the interim order of stay of the investigation and all further proceedings in the crime till pronouncement of order.

Advocate Venkatesh Dalwai appeared for the petitioner 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.

The bench after hearing the parties reserved its order.

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

Case No: Criminal Petition No. 10076/2024.