Public Speeches Should Not Falsely Malign Character In Garb Of Dissent: Karnataka HC In Pramod Muthalik's Defamation Case Against BJP Leader

The Karnataka High Court while refusing to quash criminal defamation proceedings initiated against Bharatiya Janata Party leader V Sunil Kumar, on the complaint made by Founder President of Sri Ram Sene, Pramod Muthalik said “In the garb of dissent being the essence of democracy, the speeches should not malign the character of any person unless it is borne out by facts.”

Muthalik filed a complaint for defamation against Kumar after he had made some distasteful comments regarding Muthalik and his family at an election rally.

A single judge bench of Justice M Nagaprasanna rejected the contention of the petitioner that during election rallies the contesting candidates should become deaf for such statements or become thick-skinned, and should not get touchy about the statements uttered during rallies.

The bench said “It is no doubt true that dissent is the essence of democracy. But that would not mean that the maker of a statement could get away for any statement in the garb of it being made during an election rally or in the post election rally. Making a speech in public is a speech made against the said person which would come to be known to each and every one. In this digital age anything spoken does not remain with the person who speaks it. It is circulated within no time.”

Kumar had approached the court seeking to quash the prosecution initiated for the offences punishable under sections 499 and 500 of the Indian Penal Code.

Kumar had contested as a BJP candidate while Muthalik contested as an independent candidate from the Karkala constituency in the State Assembly election. It is alleged that after Kumar won the elections during a meeting, he made the alleged defamatory statement against Mutalik.

Case Title: V Sunil Kumar AND Pramod Mutalik

Case No: WP 19821/2024

Citation No: 2024 LiveLaw (Kar) 402

Appearance: Advocate Vinod Kumar M for Petitioner