The Karnataka High Court today took strong exception to Bharatiya Janata Party (BJP) MLA Basanagouda Patil Yatnal referring to State Minister for Health and Family Welfare Dinesh Gundu Rao as “half-Pakistani,” purpotedly because his wife is Muslim.
Justice M Nagaprasanna deprecated the remark for dubbing the entire Muslim community in India as Pakistani even though they reside in India and accept India as their motherland.
"No, what is this? Just because he is married to a Muslim, you will call him half pakistani? Why do you have to say all this? Will you say whatever comes to your mind? You can't dub a particular community to be that. They live here," the judge orally remarked.
When Advocate Venkatesh Dalwai, appearing for Yatnal, submitted that the BJP MLA had issued a clarification the next day, Justice Nagaprasanna stated that these type of statements have become far too common these days.
"This is not correct, sir. Everyday, I am coming across these types of statements," Justice Nagaprasanna said.
The judge also questioned why the MLA chose to make a personal attack.
"Why do you go personal? I will not stay this for now. Appear before the trial court. Every case, I am seeing. You should encourage restraint," he sad.
The Court made these observations while considering a petition moved by Yatnal to quash the proceedings initiated against him for the 'half-Pakistani" remark.
The controversy erupted during the Lok Sabha elections, when Yatnal, stated,
"There is a Pakistan in Gundu Rao's house, so it's his habit to give anti-national statements."
After the incident, a Bengaluru Court took cognisance of the incident and ordered the filing of a criminal defamation case against him.
Advocate Dalwai argued today that the order taking cognisance was not correct and that it should be redone.
The High Court agreed that while taking cognisance, the accused ought to have been heard.
Justice Nagaprasanna, however, made it clear that the Court would not issue a stay on the case.
"We can direct the court to re-do. But I am not going to issue a stay. This is why defamation cases are on the rise...While taking cognisance, the accused has to be heard. We will send it back. But what a statement you have made? You have dubbed an entire community," the judge remarked.
Ultimately, the Court decided to re-list the matter for hearing on September 23.