The Karnataka High Court granted relief to comedian Ratan Ranjan in the case over a video showing Rahul Gandhi’s image on a sanitary pad, directing police not to file a chargesheet against him or co-accused Arun Kumar.
Bengaluru: The Karnataka High Court instructed the State police to refrain from filing a chargesheet against comedian Ratan Ranjan and another individual, Arun Kumar, regarding a video that depicted Congress leader Rahul Gandhi’s image on a sanitary pad.
Reports indicate that a Congress worker lodged a complaint alleging that the video was created by the comedian and circulated by others to mock a campaign initiated by the All India Mahila Congress in Bihar aimed at promoting menstrual hygiene and distributing sanitary pads to those in need.
During the proceedings before Justice SR Krishna Kumar, Senior Advocate Aruna Shyam defended Ranjan. Shyam argued that the comedian’s intent was to highlight how the Congress party was attempting to secure sympathy votes and engage in illicit practices ahead of the Bihar State Assembly elections.
Shyam stated,
“(Ahead of) the elections, they (Congress party) were distributing sanitary pads (in Bihar) by printing the (image) of political party leader (Rahul Gandhi). That is why they were trolled. It is a fundamental right to have your own comment or expression … It is illegal gratification that they (Congress) are doing, so they were trolled,”
However, the judge questioned the appropriateness of Ranjan’s post, asking,
“Say whatever you want, why bring his photo? Why?”
In response, Shyam contended that it was the Congress party that had initially placed Rahul Gandhi’s image on the wrappers of the sanitary pads being distributed.
He explained,
“They have put the photo in the wrapper. They are distributing it! … (The comedian’s post) was to create awareness that illegal gratification (was being resorted to) to get sympathy and votes,”
Justice Kumar remarked,
“I am the last person to curb freedom of speech and expression, But, certain things, if it has the effect of”
To which Advocate Shyam said,
“Why should they post the image of a political party leader and distribute the sanitary pad?”
Shyam also highlighted that similar FIRs had been filed in other states based on complaints from the political party or its legal cell.
The Court noted that statements made in the Karnataka FIR could be interpreted as statements under Section 164 of the Code of Criminal Procedure (CrPC) for other FIRs, suggesting they might be quashed, referencing the Arnab Goswami judgment.
The matter was adjourned for two weeks, with the State previously agreeing not to take any coercive measures against the accused.
This agreement has been extended until the next hearing.
The Court stated,
“At the request of SPP, list after two weeks. Interim undertaking given on behalf of the respondent is extended till the next date of hearing. Respondent shall not file chargesheet without leave of the court till next date of hearing.”
The case was registered at the High Grounds Police Station in Karnataka, accusing the comedian and his co-accused of violations under Sections 192 (provocation with intent to cause a riot), 336(4) (forgery), and 352 (intentional insult to provoke a breach of peace) of the Bharatiya Nyaya Sanhita (BNS).
Ranjan’s petition was submitted through advocate Suyog Herele E.