NEW DELHI: A Delhi court recently refused to give directions for the registration of an FIR against Indian National Congress President Mallikarjun Kharge. However, the court of Judicial Magistrate First Class (JMFC) Chatinder Singh on December 9 took cognisance of the complaint alleging hate speech against BJP and RSS in an election rally in Karnataka in April 2023.
The court, after hearing the submissions by the complainant’s counsel and considering the Action Taken Report (ATR) by Delhi Police, refused to give directions for the registration of an FIR. The court said that the alleged accused is already identified and all evidence is with the complainant. There is no need for an FIR.
The complaint, filed by Advocate Ravinder Gupta, a member of RSS, alleged that Kharge gave a hate speech on April 27, 2023, wherein he passed a scathing remark against Prime Minister Narendra Modi while addressing an election rally at Naregal, Gadag, Karnataka. Later on the same day, Kharge, in other election rallies, clarified that his statement was not against the PM but against the BJP and RSS, stated the complaint.
Furthermore, being a member of RSS, the complainant is feeling defamed since he is an ardent follower and active member of RSS, said the complaint. The complainant prayed for the registration of an FIR against the alleged accused persons, following which the court called for an Action Taken Report (ATR), which was filed by Police Station Subzi Mandi in Delhi.
The investigation officer (IO) of the case submitted before the court that the speech was made at an election rally in Naregal, Karnataka, and no offence was committed in the jurisdiction of PS Subzi Mandi. The court said that the complainant is at liberty to lead pre-summoning evidence (PSE).
In case any requirement of investigation arises at a later stage related to some disputed facts, the provision of section 202 CrPC could be resorted to be put up for PSE on March 27, 2025. The court noted that the allegation is that Kharge made some speech in an election rally wherein scathing remarks were made against the BJP and RSS, and said the complainant is feeling aggrieved since he is a member of RSS.
The complainant is in possession of the complete details of the accused persons as well as the witnesses who are to be examined, and neither recovery is needed nor any such material evidence is required to be collected which can be done only by the police, the court said. The court said that in the present case, all the material is available with the complainant and no technical or complex investigation is required by the police.
“The facts of the case are not such that would warrant a detailed and complex investigation to be carried out by the State Agency,” the court said.
