Karnataka High Court Stays Proceedings Against BJP State President Over Allegedly Offensive Video Against Congress

A single judge of Justice M Nagaprasanna passed the interim order. It said, “Till the respondents will file their objections there shall be an interim order of stay of further proceedings qua the petitioner.”

Earlier the high court had granted interim relief to Bharatiya Janata Party (BJP) National President J P Nadda and BJP IT Cell head Amit Malaviya.

The court in its order noted that the allegation against the petitioner is for an offence punishable under 505 (2) of IPC, the fulcrum of the allegation is a tweet by the political party against a particular community, the President of which is the petitioner. Therefore he was drawn into the web of crime.

Senior Advocate Aruna Shyam appearing for the petitioner submitted that on the same set of facts two crimes were registered and one of the crimes has been stayed by this court. The apprehension of the petitioner that the police would file a chargesheet any moment.

Following this the court said “The issue is whether it would meet the ingredients of Section 505 (2) of IPC or 125 of Representation of People Act. A perusal at the complaint so made prima facie is by a political party against a political party, therefore the matter would require consideration. It is necessary to examine whether it would meet the ingredients as held by the Apex court in the case of Billal Ahmed Kaloo, 1997 (7) SCC 431."

The plea alleged that the offence was registered at the behest of the ruling political party. The allegations made in the FIR are so absurd and inherently improbable on the basis that no prudent person can ever reach a just conclusion to proceed against the petitioner.

Case Title: B Y VIJAYENDRA AND State of Karnataka

Case No: CRL.P 5521/2024