The Karnataka High Court on Friday (June 21st) granted interim relief to Bharatiya Janata Party (BJP) President JP Nadda and its IT cell head Amit Malviya in a case registered against them for an Instagram post claiming that the Congress party would re-distribute the wealth of the nation to Muslims if voted to power.
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Bengaluru: The Karnataka High Court on Friday provided interim relief to Bharatiya Janata Party (BJP) President JP Nadda and its IT cell head Amit Malviya in a case registered against them concerning an Instagram post. The controversial post claimed that the Congress party would redistribute the nation’s wealth to Muslims if voted into power.
Nadda and Malviya are facing accusations of engaging in hate speech and electoral malpractices, as per a First Information Report (FIR) filed last month following a complaint by a Congress worker. The complaint alleged that their actions constituted public mischief, provocation, creating enmity, and other election-related offences.
Justice Krishna S Dixit, while granting interim relief, stated that the investigation by the Kalaburagi police could proceed but without necessitating the personal presence of Nadda or Malviya. The Court was addressing a petition filed by Nadda and Malviya to quash the criminal complaint registered against them over the Instagram post.
The FIR, registered by the police on May 5, outlines the contents of the controversial post which stated,
“If Congress Party Comes to Power it will snatch Wealth of all Non-Muslims and distribute to Muslims their Favourite Community.”
The post also included an animated video featuring Congress leader Rahul Gandhi, Prime Minister Narendra Modi, and former Prime Minister Manmohan Singh.
The FIR charges Nadda and Malviya with offences under several sections of the Indian Penal Code, including Section 505 (public mischief), Section 504 (punishment for insult with intent to provoke), Section 153A (creating enmity), Section 171C, Section 171F, and Section 171G (election-related offences).
Additionally, they are charged under Section 125 (promoting enmity between classes in connection with elections) of the Representation of People Act and Section 66D of the Information Technology Act.
The court’s decision to grant interim relief to Nadda and Malviya allows the investigation to continue but provides temporary protection to the BJP leaders from personal court appearances. This legal battle highlights the contentious nature of social media use in political campaigns and the broader issues of hate speech and electoral conduct.
As the investigation proceeds, the focus will be on the evidence presented and whether the actions of Nadda and Malviya constitute violations of the laws as alleged. The outcome of this case may set a significant precedent for how hate speech and electoral malpractices are addressed in the digital age, particularly during politically charged times.
The broader implications of this case touch upon the use of social media platforms for political messaging and the responsibilities of political leaders in ensuring their communications do not incite hatred or violate electoral laws. The court’s handling of this case will be closely watched by legal experts, politicians, and the public alike, as it navigates the balance between freedom of expression and the need to maintain public order and fairness in elections.
In summary, the interim relief granted to JP Nadda and Amit Malviya provides them with a temporary respite while allowing the judicial process to continue. The Karnataka High Court’s approach underscores the importance of adhering to legal protocols while addressing allegations of serious electoral and communal misconduct.
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