Karnataka High Court Stays Investigation Against BJP MP Tejasvi Surya For Allegedly Spreading 'Fake News' About A Farmer's Suicide

The Karnataka High Court on Thursday (November 14) by way of interim relief stayed investigation in the case registered against BJP Member of Parliament Tejasvi Surya, accused of spreading 'fake news' regarding the suicide of a farmer in Haveri district.

A single judge bench of Justice M Nagaprasanna passed the interim order on the petition filed by Surya seeking to quash the FIR. The court took into consideration the submission of the petitioner that the alleged tweet has been deleted after the police issued a clarification in regards to the suicide and also the interview give to the media by the father of the deceased.

It said “All this in the considered view of the court, albeit prima facie, would not become an offence or ingredients for an offence punishable under section 505 (2) of IPC as is held by the Apex court in elucidating identical provisions section 153A the purport of which is akin to section 505 of IPC. In the case of Jave Hajam v. State of Maharashtra & Anr.

Thus it said, “Therefore, there shall be an interim order of stay of any investigation against the petitioner. The special public prosecution would refute the grant of interim order and he is at liberty to seek variance with the interim order granted today. List the matter for further hearing on December 4.”

During the hearing Special Public Prosecutor appearing for the State opposed the grant of interim order and referring to the tweet contended if whether it would hurt sentiments and not promote enmity? He said that it prima facie promoted enmity between two groups. He further said, “Heavens are not going to fall if the case is pending against him. No stay order should be passed.”

However, the bench orally had observed that “At best it will be criticism of the policy of the government”.

On November 7, Surya, had shared an article from Kannada news portals claiming that a farmer, Rudrappa Channappa Balikai, had died by suicide after discovering his land had been taken over by the Waqf Board.

The post was later deleted after it was revealed that the claims were unfounded. The Haveri district Superintendent of Police (SP) clarified that the suicide of Rudrappa Channappa Balikai had occurred on January 6, 2022, but was unrelated to any Waqf Board land dispute but was due to financial pressures from crop loss and outstanding loans.

Following which the police registered a suo-motu case under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) on November 7, for publishing or circulating statements intended to promote hatred, ill-will, or enmity between different groups.

Case Title: L S Tejasvi Surya AND State of Karnataka

Appearance: Senior Counsel Aruna Shyam along with Advocates Anirudh A Kulkarni, Akshay S Vasist, Suyog Herele & Aravind Suchindran for Petitioner.

SPP BA Belliappa for the State.