A Delhi court has issued notice on a criminal revision petition seeking action against Congress leader Mallikarjun Kharge over an alleged hate speech remark concerning Prime Minister Narendra Modi, the Rashtriya Swayamsevak Sangh (RSS), and the Bharatiya Janata Party (BJP).
Special Judge Jitender Singh of the Rouse Avenue Courts passed the order on a petition filed by advocate Ravinder Gupta. Gupta challenged a magistrate court order that refused to take cognizance of his complaint and dismissed it. The magistrate held that the allegations did not disclose offences of defamation or hate speech.
The court has listed the matter for hearing on February 27.
Allegations Raised
Gupta, who states that he is a member of the RSS, alleged that Kharge made objectionable remarks during an election rally in 2023 at Naregal in Gadag district, Karnataka.
According to the complaint, Kharge stated:
“Mr. Modi is like a poisonous snake. If you try to test whether it is poisonous or not, you will die.”
The complaint further states that Kharge later clarified that he did not direct the remark at Narendra Modi personally. Instead, he said the comment targeted the BJP and the RSS.
Gupta argues that the statement amounts to hate speech and defamation against a clearly identifiable group. He contends that comparing the RSS ideology and its swayamsewaks to a “poisonous snake” targeted the organisation and its members. He also states that he has devoted five decades to serving the RSS and its ideology.
Procedural Background
The magistrate court earlier declined to take cognizance and dismissed the complaint. It concluded that the essential ingredients of defamation and hate speech were not made out.
Gupta then filed a criminal revision petition before the Special Judge.
Appearance
For the Revisionist:
Sh. Gagan Gandhi, Sh. Divesh Ranjan, and Sh. Vijay Kumar, Advocates.
