Karnataka High Court Stays FIR Against BJP’s Amit Malviya Over Tweet Against Rahul Gandhi

The Karnataka High Court on Wednesday by way of an interim order stayed further investigation in the FIR registered against Bharatiya Janata Party’s IT cell chief Amit Malviya, under sections 153A, 120b, 505(2), 34 of Indian Penal Code (IPC), for his tweets on Congress leader Rahul Gandhi.

A single judge bench of Justice M Nagaprasanna observed that the tweet was against a leader of a political party and hence, it cannot be regarded as against a group/ class or as promoting enmity between groups/classes so as to attract offence under Section 153A IPC.

Advocate Tejasvi Surya, appearing for the petitioner,  argued that the FIR was "politically motivated" and voiced the apprehension of imminent arrest. The FIR mentions the particular description given to the video which has been tweeted. By no stretch the tweet can can be deemed to promote enmity between two groups/communities on the basis of language, religion, creed, argued the petitioner.

The bench referred to the Section 153A and Section 505 (2) of the IPC and said, “The tweet that is alleged or which has become the fulcrum of the present allegation is against an individual. If the tweet is against an individual, how it has created disharmony or enmity between different groups on the grounds of religion, race, place of birth or residence is not divulged in the complaint.”

It added, “The complaint though narrates that it amounts to certain extremism of certain religion that is not the intention of the tweet. The contention is that it is against the leader of the Indian National Congress. What enmity the tweet has promoted between different groups is not divulged in the complaint.”

Relying on the Apex court judgement in the case of Patricia Mukhim Versus State of Meghalaya, which interpreted the scope of Section 153A IPC, the bench said :

“The further investigation proceedings if permitted to continue in the teeth of the aforesaid facts would prima facie would become an abuse of process of law.”

Accordingly it stayed all investigation of the crime till the next date of hearing.

Case Title: Amit Malviya And State of Karnataka

Case No: CRL.P 6097/2023

Appearance: Advocates LS Tejasvi Surya, Akshay S Vasist, Anirudh A Kulkarni for petitioner.

SPP Belliappa for respondent.