Hatred Case: Karnataka HC Grants Interim Protection To Journalist Rahul Sivasankar Booked Over Tweet On Allocation Of Funds To Religious Minorities

The Karnataka High Court has granted temporary relief to journalist Rahul Sivasankar who approached the court seeking to quash a FIR registered against him for his tweet about the State government's allocation of funds for welfare of religious minorities.

The journalist is booked under Sections 153A and 505 of IPC on a complaint by Kolar councillor N Ambaresh who opposed Sivasankar's "sarcastic" tweet about fund allocation for development of Waqf properties, Haj Bhavan in Mangalore and development of Christian places of worship. Such statements of the petitioner (Sivasankar) have a tendency to incite hatred/disharmony between religious groups, the councillor alleged.

While listing the matter on March 20, single judge bench of Justice S Vishwajith Shetty said, "APP is directed to produce the copy of the information lodged in the present case which has resulted in registering F.I.R, by the Criminal Investigation Department, Police Station. Till the next date of hearing (March 20), respondent shall not precipitate the matter as against the petitioner.”

Sivasankar claimed the tweet was published after due verification of the facts therein from various newspaper reports as well as the budget speech published by the state government itself.

He submitted the impugned tweet merely states three factual points and entire premise of the FIR that he is propagating false information is incorrect He added that as a journalist, he often shares factual tweets in this manner to increase public awareness on issues of importance but the same cannot be used to impute any criminality on his part.

Sivasankar said he merely sought an explanation as to why the temples, which generate large revenue for the State Government, have not been allocated any funds in the budget whereas other religious places of worship have been allocated large sums of funds. "Such a question, cannot in any manner be 'construed to be an attempt to create hatred/animosity between religious groups. If such questions are termed as an attempt to create hatred/animosity between religious groups then no journalist or person would ever be able to ask any questions in this country with respect to issues pertaining to religion,” stated the quashing plea.

It added it has become a trend to immediately move for registration of FIR against journalists under provisions such as Section 153A and 505 of the IPC for any politically critical statement made by them. However, the purpose of Section 153A and 505 is to penalise "very specific kinds of conduct".

Case Title: RAHUL SIVASANKAR AND CRIMINAL INVESTIGATION DEPARTMENT & ANR

Case No: CRL.P 2457/2024

Appearance: Advocate ABHISHEK K for Petitioner.

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