Karnataka High Court Quashes Defamation Case Against Congress Leader Over Remarks On The Word 'Hindu'
Live LawThe Karnataka High Court has quashed a defamation case registered against Congress Leader and Member of Legislative Assembly Satish Jarikholi, who was charged under Section 500 and 153 of the Indian Penal Code, alleging to have hurt the sentiments of Hindus as he made a statement that the word “Hindu” has a dirty meaning. A single judge Justice M Nagaprasanna allowed the petition filed by Jarkiholi and said, “This is a case where 'not' a definite class of people is alleged to be defamed but an indefinite class. The very concept of defaming an indefinite class cannot lead to the offence punishable under Section 500 of the IPC, as the purport of Section 499 and the Explanation is that it should be against a definite class of people.” Elaborating further it noted Section 499 has several exceptions and also certain explanations. Explanation-2 saves the act of 14 defamation under Section 499 insofar as the case at hand is concerned.” In regard to Section 153 of IPC which penalises wantonly giving provocative statement with intent to cause riot, Court held, “The statement of the petitioner nowhere would meet the ingredients of Section 153.” Jarkiholi's statement was published by the media following which, one Dilip Kumar contending to be from Nair community and a Hindu by religion, filed a private complaint.