Yesterday (8th April), Delhi Police refused to file an FIR against Congress leader Kharge over alleged hate speech. However, a court issued summons regarding the matter. The Court directed the investigating Officer to appear at the next hearing scheduled for May 24th, noting arguments regarding hate speech and defamation against the complainant.
New Delhi: Recently, the Delhi Police rejected filing an FIR against Congress Leader Mallikarjun Kharge, citing jurisdictional constraints before the Tis Hazari Court.
A complaint by Advocate Gagan Gandhi alleged Kharge’s hate speech during a Karnataka election rally, invoking sections 499, 153A, 153B, 295A, 120-B, and 34 of the IPC.
The complaint arose from Kharge comparing Mr. Modi to a poisonous snake, for which Kharge later apologized, stating his comments targeted the BJP and RSS, not Mr. Modi personally.
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The court directed the S.H.O. of Sabzi Mandi Police Station to submit an action taken report (ATR) in the case.
In the action taken report (ATR) submitted, Delhi Police declined to register the FIR stating,
“Based on the summary of the complaint and the allegations made by the complainant, the purported incident occurred during an election rally at Naregal, District Gadag, Karnataka. The alleged offense did not occur within the jurisdiction of PS: Sabzi Mandi, Delhi. Therefore, considering the aforementioned facts, the current application should be dismissed.”
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Taking into account the arguments presented, the Court instructed the Investigating Officer to attend the upcoming hearing, setting the date for May 24th.
Advocate Gandhi’s complaint also emphasized that Kharge’s statement constituted hate speech and defamation against the complainant, who dedicated five decades to serving humanity as a swayamsevak.