The Karnataka High Court has issued an interim order staying further investigation into the FIR registered against Amit Malviya, the IT cell chief of the Bharatiya Janata Party (BJP). Malviya had been charged under sections 153A, 120b, 505(2), and 34 of the Indian Penal Code (IPC) for his tweets targeting Congress leader Rahul Gandhi.

Justice M Nagaprasanna, presiding over a single judge bench, stated that the tweet in question was directed towards an individual political leader and should not be considered as promoting enmity between groups or classes, thus failing to meet the criteria for an offense under Section 153A IPC.

Representing the petitioner, Advocate Tejasvi Surya argued that the FIR appeared to be politically motivated, expressing concern over the potential arrest. Surya emphasized that the tweet, along with its accompanying video, did not incite enmity between groups based on language, religion, or creed.

The court referred to Section 153A and Section 505(2) of the IPC and noted that the complaint did not disclose how the tweet had created disharmony or enmity between different groups based on religion, race, place of birth, or residence. It further highlighted that the complaint alleged extremism of a particular religion, which was not the intention of the tweet. Instead, the tweet was directed against the leader of the Indian National Congress.

Citing the Supreme Court's ruling in the case of Patricia Mukhim versus State of Meghalaya, which interpreted the scope of Section 153A IPC, the bench concluded that allowing the investigation to proceed would likely amount to an abuse of the legal process.

Consequently, the Karnataka High Court has stayed all further investigation into the case until the next date of hearing.

Case Title: Amit Malviya And State of Karnataka