Remarks against Rahul Gandhi: Karnataka High Court stays probe against Ajeet Bharti

The Karnataka High Court on Monday stayed the case filed against journalist Ajeet Bharti for booked for spreading false information about Congress leader and Member of Parliament (MP) Rahul Gandhi. [Ajit Bharti v State of Karnataka].Justice M Nagaprasanna observed that the core issue revolved around the truthfulness of claims made by national newspapers which were shared by Bharti."If the tweet is a result of certain news paper reports, which were also a claim by a certain former Congress leaders and the petitioner is also tweeted with regard to such claim, it becomes a claim versus claim. Therefore, the genesis of the problem lies in the claim as afore-quoted, which has resulted in the tweet by the petitioner," the Court recorded..The first information report (FIR) against Bharti was filed by Karnataka Pradesh Congress Committee (KPCC) legal unit secretary BK Bopanna alleging that Bharti had spread false information through his X handle.In the complaint, it was mentioned that Bharti posted a video saying Rahul Gandhi intended to bring back Babri Masjid in place of Ram Mandir in Ayodhya. Accordingly, an FIR under sections 153-A (promoting enmity between different groups) and 505(2) (Statements creating or promoting enmity, hatred or ill-will between classes.) of the Indian Penal Code (IPC) was registered against Bharti. Aggrieved by the same, Bharti moved the High Court..Senior Advocate M Aruna Shyam for Bharti claimed that Bharti acted within his fundamental rights under the Constitution and the conduct of the complainant amounted to infringement of the freedom of expression. Therefore, she sought quashing of the complaint.The Court stated that the core of the issue was the truthfulness of the newspaper reports and determined that further investigation could not be permitted unless the truthfulness of the claims was verified."Therefore, it is for the learned SPP to steer clear the truthfulness or otherwise of the afore-quoted columns of the ex Congressman. Till such steering clear would happen, no further investigaton can be permitted against the petitioner," the Court said.The Court will heart the matter further on July 19..[Read Order]