Two National Newspapers Had Carried What Was Claimed by Him In Tweet: Karnataka HC Stays Criminal Proceedings Against YouTuber Ajeet Bharti For Remarks Against Rahul Gandhi

The Karnataka High Court has put a halt on legal proceedings against YouTuber Ajeet Bharti, who was facing charges under Section 153-A and 505(2) of the Indian Penal Code (IPC). The charges stemmed from a video tweet in which Bharti allegedly made controversial remarks about Congress leader Rahul Gandhi.

The Single-Judge Bench of Justice M. Nagaprasanna passed the order of stay on June 24 and noted that Bharti's statements were reportedly based on information published in two national newspapers and attributed to former Congress leaders.

The Court emphasized that the genesis of the issue lay in the conflicting claims presented in the media, which prompted Bharti to post his tweet. This, in turn, resulted in a complaint against him alleging the dissemination of false news and provocative content under relevant sections of the IPC.

"If the tweet is result of certain news reports, which were also claimed by certain ex-Congress leaders, and the Petitioner has also tweeted with regard to such claim, then it becomes a claim vs. claim. Therefore, the genesis of the problem lies in the claim as aforequoted, which has resulted in the tweet by the petitioner," the Court said.

The Single-Judge Bench also stated, "The very title that the tweet by the petitioner is a fabricated propaganda is contrary to the records. As two national newspapers had carried what was claimed by the petitioner."

Furthermore, the Court ordered, "Therefore, till the learned Special Public Prosecutor (SPP) would steer clear, the controversy with regard to the publication as aforequoted, no further investigation can be permitted against this petitioner."

During the hearing, Senior Advocate Aruna Shyam appeared for the YouTuber.

The YouTuber in the present Petition was aggrieved by the registration of FIR on June 15, 2024, for offences punishable under Section 153A [promoting enmity between different groups on grounds of religion, race, place of birth, residence] and 505(2) [statements creating or promoting enmity, hatred, or ill-will between classes] of the IPC.

The complaint was filed allegedly for inciting communal disharmony by posting a video tweet on the YouTuber's social media account. It was further alleged that in the said video, the YouTuber had stated that Rahul Gandhi had claimed that "they will remove the Ram Temple and re-establish Babri."

"There is no averment in the Complaint regarding any specific offence being committed by him, and only bald and vague allegations have been made against him...The complainant, with a mala fide intention and in an attempt to wreak vengeance against the Petitioner, had falsely initiated criminal proceedings," the plea reads.

Cause Title: Ajeet Bharti v. State of Karnataka & Anr.