Hatred Case: Karnataka HC Stays Probe Against Journalist Rahul Sivasankar Over Tweet On Allocation Of Funds To Religious Minorities

The Karnataka High Court on Friday, by way of an interim order, stayed all further investigation in a case registered against journalist Rahul Sivasankar over his tweet about the State government's allocation of funds for welfare of religious minorities.

The journalist has approached the court seeking to quash a FIR lodged under Sections 153A and 505 of IPC, on Kolar councillor N Ambaresh complaining about Sivasankar's "sarcastic" tweet about fund allocation for development of Waqf properties, Haj Bhavan in Mangalore and development of Christian places of worship.

A single judge bench of Justice M Nagaprasanna referring to the tweet said, “Both these are facts and interpretation of the budget. The crime emerges on the language deployed or the sentences used by the petitioner. The language deployed or sentences used in the considered view of the court would not meet the ingredients of Section 153A or 505 of IPC as elucidated by the Apex court in the case of Javed Ahmad Hajam v State Of Maharashtra, (2024) 4 SCC 156.”

Thus it held “Therefore there shall be an interim order of stay of all investigation till the learned SPP would file his statement of objections or seek vacation or variation of the interim order. List the matter on October 24 for further hearing.”

Sivasankar had moved the matter for urgent hearing on Thursday after a notice was issued to him by the police under Section 41A of the CrPC, asking him to record his statement. Counsel for the petitioner claimed the notice was issued after he aired a show on the MUDA case which involves Chief Minister Siddaramaiah.

In his petition the journalist has claimed that 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 has 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.

Case Title: RAHUL SIVASANKAR AND CRIMINAL INVESTIGATION DEPARTMENT & ANR

Case No: CRL.P 2457/2024