The Karnataka High Court has provided temporary relief to journalist Rahul Sivasankar, who petitioned the court to dismiss an FIR filed against him regarding his tweet criticizing the state government's allocation of funds for the welfare of religious minorities.

Kolar councillor N Ambaresh filed a complaint against journalist Rahul Sivasankar, leading to his booking under Sections 153A and 505 of the IPC. The complaint was in response to Sivasankar's "sarcastic" tweet regarding the allocation of funds for the development of Waqf properties, Haj Bhavan in Mangalore, and Christian places of worship by the state government. Ambaresh alleged that Sivasankar's statements had the potential to incite hatred and disharmony between religious groups.

While listing the matter on March 20, the single judge bench of Justice S Vishwajith Shetty said, "APP is directed to produce the copy of the information lodged in the present case, which has resulted in the registration of F.I.R. by the Criminal Investigation Department, Police Station. Till the next date of hearing (March 20), respondent shall not precipitate the matter as against the petitioner.”

Sivasankar asserted that his tweet was based on thorough verification of facts obtained from various newspaper reports and the budget speech published by the state government itself.

He submitted the impugned tweet merely states three factual points and entire premise of the FIR that he is propagating false information is incorrect He added that as a journalist, he often shares factual tweets in this manner to increase public awareness on issues of importance but the same cannot be used to impute any criminality on his part.

Sivasankar clarified that his intention was simply to seek an explanation for the absence of budgetary allocation to temples, which contribute significant revenue to the State Government. He questioned why temples were excluded from funding while other religious places of worship received substantial allocations in the budget.

"Such a question, cannot in any manner be 'construed to be an attempt to create hatred/animosity between religious groups. If such questions are termed as an attempt to create hatred/animosity between religious groups then no journalist or person would ever be able to ask any questions in this country with respect to issues pertaining to religion,” stated the quashing plea.

Sivasankar further highlighted that there's been a concerning trend of swiftly registering FIRs against journalists for politically critical statements under provisions like Section 153A and 505 of the IPC. He emphasized that these sections are intended to penalize "very specific kinds of conduct," indicating that their application in such cases may not align with their original purpose.

Case Title: RAHUL SIVASANKAR AND CRIMINAL INVESTIGATION DEPARTMENT & ANR

Case No: CRL.P 2457/2024