The Karnataka High Court Today (Dec 12) quashed the case filed against Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Basangouda Patil Yatnal for his allegedly derogatory remarks against Congress leader Rahul Gandhi. Justice M Nagaprasanna had reserved orders on Yatnal’s quashing plea after his counsel, Senior Advocate Venkatesh Dalwai, had submitted that that the BJP leader had merely responded to certain statements made by Gandhi when the Congress MP went overseas.
Thank you for reading this post, don't forget to subscribe!BENGALURU: The Karnataka High Court on Thursday quashed the case filed against Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Basangouda Patil Yatnal. The case pertained to his allegedly derogatory statements targeting Congress leader Rahul Gandhi.
Justice M Nagaprasanna, presiding over the matter, had previously reserved judgment on Yatnal’s plea seeking to quash the charges.
The plea was argued by Senior Advocate Venkatesh Dalwai, who contended that Yatnal’s comments were a mere reaction to certain remarks made by Rahul Gandhi during his international visit.
During the hearing, Dalwai emphasized that Yatnal’s reference to Sonia Gandhi being “a Christian by birth” did not constitute an offense under the Indian Penal Code (IPC).
He argued that the remarks did not fulfill the criteria required to prove offenses related to “outraging the modesty of a woman” or “promoting enmity.” These legal points formed the crux of the defense’s arguments.
Yatnal was originally charged under Sections 192, 196, and 353(2) of the IPC. These sections address the fabrication of false evidence, using evidence known to be false, and committing assault or criminal force against a public servant. The defense maintained that the allegations were baseless and lacked the legal substance to proceed.
The High Court had previously taken note of Yatnal’s remarks regarding State Minister for Health and Family Welfare, Dinesh Gundu Rao. Yatnal had reportedly referred to Rao as “half-Pakistani,” citing the fact that Rao’s wife is Muslim. The Court criticized this statement but ultimately decided that the charges related to Rahul Gandhi lacked sufficient grounds for prosecution.
The dismissal of the case underscores the Court’s role in balancing free speech and legal accountability, especially in politically sensitive contexts. By addressing the specific legal grounds of the case, the High Court highlighted the importance of interpreting allegations within the framework of the IPC’s provisions.
This judgment is likely to resonate in Karnataka’s political circles, as it reflects the judiciary’s stance on politically charged remarks and the legal thresholds required to substantiate criminal charges. By quashing the case against Yatnal, the Karnataka High Court has provided clarity on the limits of liability for politically controversial statements.
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