Karnataka HC Stays Investigation Against Tejasvi Surya in Social Media Post Case

The Karnataka High Court on Thursday stayed the investigation against BJP MP Tejasvi Surya in a case filed for allegedly promoting enmity between communities. The case was registered on November 7 by Haveri CEN police over a social media post linking a farmer’s 2022 suicide to ongoing controversies over Waqf land notices.

The HC ruled that the post “does not constitute an offense” under Section 505(2) of the IPC, which deals with promoting enmity between groups. The court noted that the Supreme Court had earlier clarified that similar provisions under Section 153A require specific intent to incite hatred, which was absent in this case.

Key Details of the Case

• Complaint Origin: The FIR was filed based on a complaint by a police constable, alleging the MP’s post spread fake news about a farmer’s suicide tied to Waqf property disputes.
• Police Clarification: Investigations revealed the farmer, Rudrappa, died by suicide in January 2022 due to debts, unrelated to Waqf land issues.
• Post Deletion: The MP deleted the post after police clarified the farmer’s death was misreported.
• Defense Argument: Surya’s lawyer highlighted that the farmer’s father recently claimed Waqf land identification played a role in the suicide.
• Political Context: Surya and the BJP have been vocal about alleged “land jihad” linked to Waqf property claims, accusing the ruling Congress of supporting such actions.

HC’s Observations

The court stated that the MP’s social media post was “at best a criticism of the government” and lacked intent to incite hatred. Justice M Nagaprasanna also noted discrepancies in the reporting and investigation of the case by the state authorities.

Backdrop of the Controversy

The complaint coincided with a meeting in Hubbali where farmers aired grievances about notices designating their lands as Waqf properties. BJP MP Jagadambika Pal, chair of the Joint Parliamentary Committee on the Waqf Amendment Bill, was present.

The Congress government has accused the BJP of leveraging the Waqf issue to stoke communal tensions over land disputes in Karnataka.