The Karnataka High Court has directed state police not to file a chargesheet without prior court approval in the criminal case filed against stand-up comedian Ratan Ranjan and one Arun Kumar over a controversial video featuring Congress leader Rahul Gandhi’s photo pasted on a sanitary pad.
The court’s directive comes amid rising tensions around a complaint filed by a Congress party worker, alleging that the video mocked a menstrual hygiene awareness campaign launched by the All India Mahila Congress in Bihar, which included distributing sanitary pads with Rahul Gandhi’s image.
Case Registered Under New BNS Provisions
The case, registered at High Grounds Police Station in Bengaluru, invokes sections under the newly implemented Bharatiya Nyaya Sanhita (BNS)—including:
Section 192 (provocation with intent to cause riot),
Section 336(4) (related to forgery),
Section 352 (intentional insult with intent to provoke a breach of peace).
Comedian’s Defense
Senior Advocate Aruna Shyam, representing Ranjan, defended the video as political satire meant to question the Congress party’s motives behind distributing the sanitary pads during the election period.
“They [Congress] were distributing sanitary pads with Rahul Gandhi’s image ahead of elections to gain sympathy. It amounts to illegal gratification. The video merely highlights that,” Shyam argued before Justice S.R. Krishna Kumar.
The judge, while acknowledging the importance of free expression, questioned the tone of the content.
“Say whatever you want, why bring his [Rahul Gandhi’s] photo? Why?” Justice Kumar asked.
To this, Shyam responded that the Congress itself had printed Gandhi’s image on the product’s packaging, and the video was intended to critique that move, not demean the campaign.
Court Hints At Legal Implications Across FIRs
Shyam also highlighted that similar FIRs had been filed in other states based on the same content. The Court observed that statements recorded in the Karnataka FIR might be treated as judicial statements (under Section 164 CrPC) in related cases elsewhere.
Shyam referenced the Arnab Goswami judgment, arguing this precedent supports quashing such complaints where multiple FIRs arise from the same incident.
The matter has now been adjourned for two weeks. The Court extended its earlier direction restraining coercive action against the accused.
“Respondent shall not file chargesheet without leave of the court till next date of hearing,” the bench ordered, continuing the interim protection initially granted on July 16.
The case is expected to test the boundaries of free speech, satire, and political sensitivity under India’s evolving legal framework.
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