Karnataka HC directs State to Refrain from Coercive Action Against RSS Leader Over Allegedly Controversial Speech

Karnataka HC directs State to Refrain from Coercive Action Against RSS Leader Over Allegedly Controversial Speech

The High Court of Karnataka has issued an order prohibiting the state from implementing any coercive measures against RSS leader Kalladka Prabhakar Bhat following his speech on December 24 in Srirangapatna, which was accused of being derogatory towards Muslim women.

Justice Rajesh Rai, presiding over the vacation bench and reviewing Bhat's petition, has taken action by issuing notices to both the state authorities and the individual who lodged the complaint. He has instructed the State Public Prosecutor to refrain from any coercive action against Bhat until the next hearing. Consequently, any potential arrest of Bhat in this case has been halted for the time being.

Arun Shyam, a senior advocate representing Bhat, contended that the case held political motivations and emphasized that the statements made by the RSS leader were factual assertions falling within the domain of protected speech rights.

Najma Nazeer, a social worker, filed a complaint, resulting in the Srirangapatna police booking Bhat under various sections of the Indian Penal Code (IPC). These sections include 354 (pertaining to assault or criminal force against a woman to outrage her modesty), 294 (addressing the utterance of obscene words in public), 509 (addressing words, gestures, or acts intending to insult the modesty of a woman), 153A (concerning the promotion of enmity between different religious groups), 295 (related to causing injury or defiling a place of worship with intent to insult a particular religion), 295A (regarding deliberate and malicious acts meant to outrage religious feelings), and 298 (addressing deliberate actions causing hurt to religious sentiments).

Subsequently, the III Additional District and Sessions Judge in Mandya approved bail for Bhat in the Srirangapatna case after considering his presentation regarding his health condition.

Bhat underwent cardiovascular surgery on April 5, 2022. "Hence there is substance in the contention of the petitioner that he is suffering from severe cardiac health issues," the Sessions Court noted, and citing earlier Supreme Court judgements, granted Bhat anticipatory bail.

He was instructed to furnish a personal bond worth ₹2 lakh along with a surety of an equivalent amount. However, the Sessions Court clarified that the investigating officer retains the freedom to interrogate him as permitted under the relevant provisions of the Criminal Procedure Code (CrPC).

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