This court case demonstrates that legal action against social media posts must be based on actual content that promotes enmity between communities, not on speculative interpretations or political motivations; the court examines whether FIRs registered under sections 153A and 5052 of the BNS (Bharatiya Nyaya Sanhita) for tweets about a crime constitute abuse of process when the tweets themselves do not reference any religious community or political party.
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ಲಾವಣ್ಯ ಘಟನೆ ಬಗ್ಗೆ ಜಡ್ಜ್ ಅಚ್ಚರಿ ರಿಯಾಕ್ಷನ್. ತೇಜಸ್ವಿ ವಾದ.!ಜಡ್ಜ್ ಅದ್ಭುತ ಮಾತು!
Added:investigating to the man who has heckled her to death. That is more important.
You are blowing this out of proportion out of the giving it color of 153A or 5052.
>> Those are the FIR FIRs in page number 14 and actually >> Mhm.
>> uh 5 353 is the section and each my lords and extra B 3532 of BNS my lords and extra B page 17 will find the alleged tweet my lords.
>> What's the tweet?
>> That's uh page number 17 my lords. It says If you permit me I'll read it my lords.
>> Yes.
>> Monster with wrist band on his left hand. Pants above his ankles. Killed a girl at Bantwal bus stand Karnataka.
>> No, sorry sir. I'm not 6000 minutes.
In number six.
>> We're reading five only.
Girl at Bantwal bus stand Karnataka.
He probably knows that even if they arrest him Congress will quickly withdraw the case. Be that as it may.
Just >> Uh >> Just hope the RSS gets registered soon.
This is the tweet my lords.
Interestingly my lords in the complaint itself >> Mhm.
>> uh and also in the FIR my lords the complaint uh uh is also uh filed along with the memo my lords.
>> Mhm.
>> The >> Sir.
>> The complainant >> Mhm.
>> himself admits my lord that personally >> Mhm.
>> I don't know if you would put more to buy here or put that he goes on my lords.
>> Mhm.
>> The complainant himself my lords admits in the complaint that no reference is made to any particular religious community.
>> Mhm.
>> However my lords the FIR is filed and the process itself is intended to be a prosecution or a punishment for the accused, my lords.
>> Mhm.
>> It's a clear case of abuse of process, my lords. Uh request your and intervention.
>> Yes. Same day, no?
Same, huh?
>> Uh same tweet.
>> Same tweet, huh?
>> Uh crime is registered by High Grounds Police Station for alleged offenses 192.
>> Mhm.
>> Now, in this, complainant is a political party worker.
>> Mhm.
>> Where he says it has it has damaged the political image of the ruling party.
And it is a fact that the state government has withdrawn cases. So, the tweet >> Mhm.
>> Uh they say that it has damaged the image of a political party, so a crime is registered. And the petitioner is a law student who is in the sixth semester law.
>> They are the same petitioner.
>> The ID ID card of the petitioner is at page 15 in the serial number five.
>> Mhm.
>> And the hall ticket is at page page 16.
>> Mhm.
>> So, a crime is registered uh for 192, my lord, in this.
>> A girl is dead.
>> Mhm.
>> A girl is dead.
>> Correct.
>> Nobody knows who killed her.
>> Correct.
>> These tweets have done.
>> Mhm.
>> Subsequently, >> Mhm.
>> accused were arrested.
>> Mhm.
>> And before even accused being arrested in this case, this kind of incident, my lord, when when murder happened in a region, especially in coastal region, there are serious ramifications to the society.
>> Mhm.
>> There's a charged atmosphere in the air.
>> Mhm.
>> People do things whatever they want to do.
>> Mhm.
>> kind of tweet, my lord, will create only aggravate only the situation, does not solve it.
>> Mhm.
>> Everybody should have a restraint, my lord, in doing all these things. It is in this background, my lord, the case has been registered. In In Poonawalla, my lord, Supreme Court directed wherever the in fact, my lord, in Mangaluru, your lordship may recall that there was an incident of mob lynching.
>> Mhm.
>> Mob lynching has happened in Mangaluru.
>> Mhm.
>> Supreme Court in Poonawalla has directed us to file an affidavit >> Mhm.
>> of what is being done with respect to hate speech and then the monitoring of social media platforms. And this is in this is direct result of those cases.
>> Mhm.
>> And you know what should be the FIR registered on 18th and before this court on 20th.
What has [clears throat] been done? We will investigate my lord. We will It's not that we are going to do anything about it.
It has to be reported that there is some checks and balance has to be exist.
>> There is there is no mention of any religion.
>> It need not be. You understood it. It need not be when the when the when the post was put on social media when when a when a woman of particular community is dead.
In that region it was meant to be etc. But fortunately unfortunately this incident was was the killer is not that particular community. That's the only difference. So therefore my lord it's not that either people should hold restraint. If your lordships allows that any kind of indulgence in these petitions my lord it's only creates a gives an My lord it is a fact not that my lord it's a When there is a death has happened people should >> No nobody is speaking. Everybody sympathizes with that or it's an unfortunate incident that has happened.
No no no no that's the different angle.
Yes yes Tejas sir.
>> The There's a pattern my lords where we witnessing people who comment actively on public platforms are being targeted in this fashion my lords. And we have also seen my lords that cases are being withdrawn.
FIRs which were registered have been withdrawn my lord and that also has been done with the political color my lords.
The statement of a particular individual cannot be seen in a particular geographical context like how the SPP learned SPP is trying to make a point here my lords. The cases that the plethora of judgments on this point is very clear.
The complainant himself in his very complaint says there is no mention of any religious community.
In another my lord page 13 and Uh first petition only page 10649 petition only page 13 and And my lords the point if you come to paragraph number three my lords in page number 13.
How can 353 be attracted for this allegation?
It's clearly overreach of the arm of the law my lords.
Let my learned friend say that you you watched the statement and the video put on the statement.
Let my learned friend say it my lord that you watched the statement and the video put on the statement.
>> What?
>> There is a video also in the statement.
It's not There is a video also in the statement. It's sensitive content of the video. And these are the videos my lords that are circulating.
>> What would be the video? Only that incident?
>> Why?
I Sorry my lord, I can't >> No, no. See, this is not where he's wanting to glorify that incident or celebrating that incident. He's only They What you should do is not getting sensitive about these things.
Investigate into that man who has heckled her to death. That is more important.
You are blowing this out of proportion out of the giving it color 153A or 5052.
I don't investigate money broad daylight and a man heckles a woman to death and that you don't you are investigating. You are you are doing the investigation not a problem.
>> No, no, but but you lost me for a bit.
>> Yeah and complain and himself says no community, no political party, nothing.
>> In fact you need not file a complaint but the Supreme Court in the judgement said that it is too much you have to register a complaint.
>> No problem.
If it were to be a see mob lynching was a different thing.
>> It happened in the same region.
>> Maybe region may sir everything happens in that region will result in like end up in registration of crimes that we can abuse.
>> It's not now we have registered an FIR.
What is that they have been even we have not even issued a notice to him.
>> No problem.
>> How does he agree agree by registration of FIR? We have registered we might file a B report. If there is no case we will file a B report your lordship may record my statement. What is that we have not even issued a notice. The FIR registered on Saturday and then that we have been here before this court on Monday.
Have we done something? No.
>> Well don't do anything. Actually with all due respect to the SK.
>> My lords your lordship going to put a premium on this kind of activities in this region. That's all I am.
>> If it were to be a real activity that would bring in enmity I would not have heard him at all.
It is a plain statement. Two statements are there.
One he was wearing something hackled to death and gone. The so and so will withdraw the case. Withdrawal of the cases is known that the division bench itself has said so. Here is the reality.
>> No, no, no. Here is the reality is also the reality the fact that he is are targeting a particular community.
>> Where?
>> No.
>> Where is the community?
>> No, the complainant himself says he is not a Muslim.
It's a figment of somebody's imagination.
>> Complainant himself says that he is not >> In fact my lord the day one the message went in that region is that the Muslim boy has killed an Hindu girl.
So that is that is >> Is that is that tweet there?
>> That is what the >> Why are you making out of that There is not even in something like that in the tweet.
>> in the >> In the whole complaint and the FIR >> No.
>> No religious community is mentioned, my lord.
>> No. See, if if the investigating agency is thinking like this, it is 153A, not what they have done.
>> If if the entire tweet is in that context.
>> No, sir. You need the other one. I'll quote the tweet now.
Will Even worse statements were there in that.
Yeah, whatever, sir. Hello. No, no. Even other than that also was there. Javed Jamal in it.
All there, sir.
Or whatever.
All statements are like this only, sir.
>> That's correct. Only Vishwa, my lord.
Your lordship may see.
Are Are we Are we restrained from registration of FIR when there is a >> No, no. That's a different thing. You register an FIR on things that have to be registered and not on that.
Now, you have to investigate who is that person who killed and walked away and not attack this fellow who is who has tweeted something. If tweet has generated in some problem, not a problem.
No.
>> It has generated in the region. I can place those material, my lord. It has generated that.
And there are two FIRs registered on on Saturday and >> Now, why is that? You had FIR again?
>> There's nothing but We will club it, my lord. We will >> Why wait to, sir?
>> Station somebody in Bangalore is >> I lost prosecute.
>> Procedure is the prosecution, my lords.
It is just to punish somebody for >> All that >> No, let the Mangaluru case be the Bantwal case be remain, my lord. I don't police station, my lordship is there.
Let I'll produce the material what transferred to this court.
>> sir. We'll answer it.
The petitioners in both these cases are common.
They are facing uh allegations in different crimes registered on one solitary tweet.
The tweet reads as follows.
This is what drives these two petitioners to this court.
Heard the learned counsel Tejasvi Surya, LS Tejasvi Surya appearing for the petitioner and So, Girish Bharadwaj representing the respondent petitioner in the companion petition and the learned SPP for the state.
The petitioner, a law student tweets uh about an incident. The tweet is quoted here in above. The backdrop to this tweet is a a man heckles a woman to death in broad daylight in a bus stop in Bantwal other in Bantwal.
Soon after the incident, the tweet comes about. While they said while they said incident was on the face of it unfortunate as to any man heckling the woman to her death for whatever reason it is the tweet is made which indicates that the monster with a wristwatch on his left hand bands above his ankles killed a girl at Bantwal bus stand. What can be made out of this tweet is ununderstandable.
It is deciphered, researched and the submission is now made that it it projects to a particular community.
While there is nothing in the tweet that can be so said.
The other other indication is that he probably knows that if they arrest him, the ruling party will quietly withdraw the case. The withdrawal is been such withdrawal the learned counsel Tejasvi Surya submits that has is a matter of fact as the division bench itself has held that the withdrawals of cases were wrong.
So, these are two facts. These are two admitted facts.
Or these are two stubborn facts.
The other one is does not even relate to this incident. The crime then comes to be registered for offenses punishable under section 192 of the BNS in Bantwal jurisdiction and another in Bangalore for 353 two of 192 of the BNS before the Bangalore jurisdiction and 353 two before the Bantwal jurisdiction. Both on the same tweet retweet as a forequoted. One becomes a crime in crime number 108 of 2026 and the other in crime number Bantwal district >> 100 >> 100 of 2026.
The learned SPP would put up vehement opposition to the to grant of any protective orders at the hands of this court to these to the petitioner on this court that the crime is registered only two days ago and even before the ink on the crime could dry the petitioners are before this court calling in question the calling in question the said crime.
Well, if the this court would have permitted investigation into the offense if there would have been any semblance of the semblance of indication to a religion, to a group, or to any other to any any other entity that would generate hatred between the two as is obtaining under as obtaining under the under section 153 two on 153A of the IPC or 505 two the 192 192 196 are 192 and 353 two of the BNS.
Therefore, the BNS
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