Karnataka HC Grants Interim Stay On FIR Against BJP’s Amit Malviya Over Rahul Gandhi Video Tweet

The Karnataka High Court on Wednesday granted an interim stay on the investigation and further proceedings in a case registered against the BJP’s social media head Amit Malviya over his allegedly offensive statements against Rahul Gandhi.

BJP MP and lawyer Tejasvi Surya, who appeared for Malviya before the court, stated, “The High Court of Karnataka has granted an interim stay on the investigation and all further proceedings in the FIR against Amit Malviya.

The tweet in question was directed at a specific individual, Rahul Gandhi. The complaint and the FIR didn’t mention any allegations that fall under the provisions of IPC 153 (A) or 505 (2).”

Further, he added, “The government of Karnataka, especially after Priyank Kharge took over as the minister, has taken this approach of pursuing false cases, registering false FIRs against Opposition leaders with vendetta. The stay of these proceedings against Amit Malviya are an indication that the said FIR was filed with malice, only to meet political vendetta.”
The Karnataka Police registered an FIR against Amit Malviya, the head of the BJP’s IT cell, based on a video tweeted by him. The FIR was lodged at the High Grounds Police Station on June 27 following a complaint filed by Ramesh Babu, the co-chairman of KPCC Communication and Social Media Department.

The complainant alleged that Malviya’s remarks, such as “Rahul Gandhi is dangerous and playing an insidious game” and “more dangerous are people who are pulling strings of #Raga like Sam P(itroda), staunchly anti-India, they leave no stone unturned to defame India overseas, just to embarrass Hon’ble PM @narendramodi ji,” were defamatory and intended to incite hatred.

The FIR also claimed that the video was misleading and aimed at spoiling communal harmony.
Amit Malviya was booked under various sections of the Indian Penal Code (IPC), including 153 (A) (promoting enmity between different groups), 120 B (criminal conspiracy), 505 (2) (statements creating or promoting enmity, hatred, or ill will between classes), and 34 (acts done by several persons in furtherance of common intention).