High Court stays FIRs against Shobha Karandlaje, Tejasvi Surya, and Mohan

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In a temporary relief to three BJP leaders, the High Court of Karnataka on Friday stayed the first information reports (FIRs) registered against Union Minister Shobha Karandlaje, Bengaluru South MP Tejasvi Surya, and Bengaluru Central MP P.C. Mohan in separate cases.

Justice Krishna S. Dixit passed the interim orders on separate petitions filed by the BJP leaders, questioning the legality of registration of FIRs and denying the allegations made against them.

In his petition, Mr. Surya questioned the registration of an FIR against him on the complaint that he had allegedly tried to disturb communal harmony by posting certain comments on social media about the March 17 incident of assault on a shopkeeper at Nagarathpet in the city, over the issue of playing Hanuman Chalisa.

This case was registered on a complaint filed by a member of election flying squad team, who acted based on a complaint by a group of activists against hate speech.

“A perusal of the subject post shows that prima facie it is faith-neutral and therefore Section 153-A [promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc] of the IPC does not appear to be invocable. After all, our democratic polity warrants public discussion/debate on and intelligent participation in the public affairs...,” the court observed in its interim order.

In her petition, Ms. Karandlaje questioned the legality of the FIR registered by the Cottonpet police in the city for allegedly violating the election model code of conduct, making a provocative statement aiming to create enmity between groups while addressing a gathering on the Nagarathpet incident.

Besides, she was accused of making a remark that certain persons coming from Tamil Nadu planted bomb in Bengaluru. The case was registered by the election flying squad team based on a complaint received from a member of the public.

In their other petitions, Mr. Surya and Mr. Mohan questioned registration of an FIR, in which both have been named as co-accused along with others, for illegally assembling and holding demonstration at Siddanna Lane, Nagarathpet, on March 19 to protest against the March 17 incident of assault.

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