Supreme Court Refuses To Entertain Plea Challenging Stay Of Investigation Against Tejasvi Surya For Alleged Hate Speech & MCC Violation

The Supreme Court on Friday (May 17) refused to entertain a plea challenging the order passed by Karnataka High Court staying investigation against Bhartiya Janta Party MP Tejasvi Surya for allegedly posting objectionable tweets & violating the Model Code of Conduct.

After the bench of Justices Sanjiv Khanna and Dipankar Datta expressed disinclination to entertain the matter, the petitioner (Campaign Against Hate Speech) chose to withdraw the petition. Accordingly, the petition was dismissed as withdrawn, giving liberty to the petitioner to move the High Court seeking modification of the order.

The case pertains to a March 17 incident, when a few men assaulted a shopkeeper in Nagarathpete area of Bengaluru allegedly because he played "Hanuman Chalisa" at his shop during Azaan. In respect of the same, an FIR was registered but on March 19, some protests were organized in the area.

Reportedly, Tejasvi Surya visited the place and certain individuals from the area joined him in front of the shop of the victim. They protested against the alleged assault and some public disturbance took place.

As per the allegations, Tejasvi Surya also made certain tweets on March 18 following the incident. Thereafter, a group of activists by the name of Campaign Against Hate Speech (petitioner) lodged a written complaint before the District Election officer, seeking action against him for the tweets, claiming they were in violation of the Model Code of Conduct.

As per the petitioner, Tejasvi Surya's remarks amounted to hate speech and a call for violence against the Muslim community.

Besides Tejasvi Surya, complaints were also filed against Union Minister Shobha Karandlaje and BJP MP PC Mohan for allegedly disrupting communal harmony and engaging in unlawful assembly.

An FIR was registered against Tejasvi Surya under Sections 153A, 295A of the Indian Penal Code and Section 123 (3A) of the Representation of People Act, for posting the alleged objectionable tweets.

On March 22, 2024, the Karnataka High Court stayed further investigation in this FIR. It also stayed further proceedings in an FIR registered under Sections 143,149,188,283,290, 268 against Tejasvi Surya and PC Mohan.

Aggrieved by this interim relief, the petitioner filed the present petition before the Supreme Court.

Case Title: Campaign aainst Hate Speech v. LS Tejasvi Surya, Diary No.21706/2024