Court annuls defamation case against Cong minister
16-Dec-2024 10:11 PM 6537
Bengaluru, Dec 16 (Reporter) The Karnataka High Court on Monday quashed a defamation case filed against Congress leader and State Minister Satish Jarkiholi, who was accused of defaming Hindus with his remarks. Justice M Nagaprasanna set aside the Additional Chief Judicial Magistrate's decision to take cognizance of a private complaint filed by Bengaluru-based lawyer Dilip Kumar. The complainant had alleged that Jarkiholi hurt the sentiments of the Hindu community by stating that the word "Hindu" was Persian and had a negative meaning. The court ruled that the case did not involve defamation of a "definite class" of people, which is required under Explanation-2 to Section 499 (defamation) of the Indian Penal Code (IPC). Referring to a Supreme Court ruling in the case of Narasimhan vs TV Chokkappa, the judge emphasized that defamation cannot be claimed against an indefinite or indeterminate group. "This is a case where not a definite class of people is alleged to be defamed, but an indefinite class," Justice Nagaprasanna stated, further adding that such a situation does not qualify as defamation under the IPC. The complainant had also invoked Section 153 of the IPC, alleging that Jarkiholi’s statement provoked riots in various places. However, the court noted that the statement did not meet the requirements of Section 153, which addresses provocative statements aimed at causing riots. The judge clarified that it is immaterial whether a riot actually occurred or not, and in this case, the statement did not intend to incite violence. In its ruling, the court said that the alleged offences were not substantiated even at the prima facie stage. "Permitting further proceedings would become an abuse of the process of the law and result in miscarriage of justice," the court added, while quashing the legal proceedings against Jarkiholi. Advocate BS Sreenivas represented Jarkiholi, while Advocate Dharampal appeared for the complainant...////...
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