Justice Nagaprasanna to Congress Govt: Catch the Killer, Not the Person Who Tweeted...!

[00:00:00]Monster with wrist band on his left hand and above his ankles killed a girl at Bantwal bus stand Karnataka. He probably knows that even if they arrest him, Congress will quietly withdraw the case.

[00:00:10]The complainant himself my lords admits in the complaint that no reference is made to any particular religious community. Complainant is a political party worker 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he says it has it has damaged the political image of the ruling party and it is a fact that the state government has withdrawn cases.

[00:00:26]When murder happened in a region, especially in coastal region there are serious ramifications to the society.

[00:00:31]>> Not getting sensitive about these things. Investigate into that man who has heckled her to death. That is more important.

[00:00:41]See, mob lynching was a different thing.

[00:00:43]>> It happened in the same region.

[00:00:44]>> No, maybe region may everything happens in that region will result in like end up in registration of crimes. Fraud daylight and a man heckles a woman to death and that you don't you are investigating. You're doing the investigation, not a problem.

[00:00:59]>> No, if there is no case we will file a lordship my record my statement. What is that we have not even issued a notice.

[00:01:05]FIR registered on Saturday and then that we have been here before this court on Monday.

[00:01:09]>> Are targeting a particular community.

[00:01:10]>> Where?

[00:01:12]Where is the community?

[00:01:15]>> It's a figment of somebody's imagination.

[00:01:17]>> Complainant himself says that he is not >> He says that the Muslim boy has killed an Hindu girl. Let them say >> Is that is that tweet there?

[00:01:26]>> That is what the >> Why are you making out of that tweet?

[00:01:28]There is not even anything like that in the tweet. 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.

[00:01:40]>> My lord, we are appearing in serial number four and the connected matters serial number five.

[00:01:44]>> Five and six what? Connected, huh?

[00:01:51]>> What's the >> Tejaswi, sir.

[00:01:55]>> FIR is filed my lords. Pages Mike hmm.

[00:02:00]No the FIR FIR is in page number 14 annexure A.

[00:02:04]>> Hmm.

[00:02:05]>> Uh 5 353 is the section my lords and annexure B 353 to a B and S my lords annexure B page 17 you'll find the alleged tweet my lords.

[00:02:17]>> What's the tweet?

[00:02:19]>> What's page number 17 my lords? It says if you permit me I'll read it my lords.

[00:02:24]>> Yes.

[00:02:26]>> Monster with wristband on his left hand pants above his ankles killed a girl at Bantwal bus stand >> No sorry sir I'm not 6 40 minutes finish.

[00:02:35]In number six.

[00:02:38]We're reading five only.

[00:02:40]Sorry.

[00:02:43]Yes yes uh Page 17 my lords.

[00:02:47]>> 17 >> Yes my lords.

[00:02:48]>> Hmm.

[00:02:50]>> Monster with wristband on his left hand pants above his ankles killed a girl at Bantwal bus stand Karnataka.

[00:02:58]He probably knows that even if they arrest him Congress will quietly withdraw the case. Be that as it may just just hope the RSS gets registered soon.

[00:03:10]This is the tweet my lords.

[00:03:12]Interestingly my lords in the complaint itself >> Hmm.

[00:03:16]>> Uh and also in the FIR my lords the complaint uh uh is also filed along with the memo my lords.

[00:03:24]>> Hmm.

[00:03:25]>> The >> Sir.

[00:03:27]>> The complainant >> Hmm.

[00:03:30]>> himself admits my lord that personally the FIR is not filed against any person.

[00:03:37]>> Hmm.

[00:03:38]>> I hope you would have much to buy a rupee that he goes on my lords.

[00:03:41]>> Hmm hmm.

[00:03:42]>> The complainant himself my lords admits in the complaint that no reference is made to any particular religious community.

[00:03:48]>> Hmm.

[00:03:49]>> 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.

[00:04:01]It's a clear case of abuse of process my lords. Uh request your kind attention.

[00:04:07]Same, huh? A same tweet.

[00:04:09]A crime is registered by High Grounds Police Station for alleged offenses 192.

[00:04:13]Now, in this complaint is a political party worker 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.

[00:04:25]So, the tweet 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. Here, this same petitioner. The ID ID card of the petitioner is at page 15 in the serial number five.

[00:04:41]And the hall ticket is at page page 16.

[00:04:44]So, a crime is registered for 192 my lord in this.

[00:04:50]A girl is dead.

[00:04:51]A girl is dead.

[00:04:52]>> Correct.

[00:04:53]>> Nobody knows who killed her.

[00:04:55]>> Correct.

[00:04:55]>> These tweets have done.

[00:04:59]Subsequently accused was arrested.

[00:05:04]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 ramification to the society.

[00:05:14]There's a charged atmosphere in the air.

[00:05:18]People do things whatever they want to do. So, these kind of tweets my lord will create only aggravate only the situation, does not solve it. Everybody [clears throat] 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 Poonawala my lord the Supreme Court directed wherever the in fact my lord in Mangaluru lordship may recall that there was an incident of mob lynching.

[00:05:40]Mob lynching has happened in Mangaluru.

[00:05:42]Supreme Court in Poonawala has directed us to file an affidavit 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.

[00:05:53]And your lordship may be if I had this is on 18th that before this court on 20th.

[00:05:58]What has been done? We will investigate my lord. We will it's not that we are going to do anything about it.

[00:06:03]It has to be reported my lord that there are some checks and balance has to be exist.

[00:06:08]>> There is there is no mention of any religion.

[00:06:11]>> It need not be. You understood 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.

[00:06:20]In that region it was meant to be etc. but I 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 this petition my lord it's only creates a gives them >> My lord it is a fact >> No not not that my lord it's >> that >> [clears throat] >> When there is a death has happened people should understand >> Nobody is speaking. Everybody sympathizes with that or it's unfortunate incident that has happened.

[00:06:55]No no no no that's the different angle.

[00:06:56]Yes yes Tejaswi sir.

[00:06:59]>> Sir There's a pattern my lords where we're 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.

[00:07:19]FIRs which were registered have been withdrawn my lord and that also has been done with the political color my lords.

[00:07:25]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.

[00:07:38]The complainant himself in his very complaint says there is no mention of any religious community.

[00:07:45]>> Complaint hacking money order.

[00:07:52]>> Uh first petition only page 10649 petition only page 13 my lords.

[00:08:05]And my lords the point if you come to paragraph number three my lords in page number 13.

[00:08:12]Sodomy post money Congress How can 353 be attracted for this allegation my lords?

[00:08:41]>> No, let it's clearly >> overreach of the arm of the law my lords.

[00:08:45]>> Let my learned friend say that he watched the statement and the video put on the statement.

[00:08:52]Let my learned friend say it my lord that he watches the statement and the video put on the statement. There's a video also in the statement is not There's a video also in the statement.

[00:08:59]It's the content of the video. And these are the videos my lord the circle >> What would be the video? Only that incident?

[00:09:05]>> Why?

[00:09:07]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 a What you should do is not getting sensitive about these things.

[00:09:20]Investigate into that man who has heckled her to death. That is more important.

[00:09:28]You're blowing this out of proportion out of giving it color 153A or 5052.

[00:09:36]>> 9:30 don't investigate money sir. Murder broad daylight and a man heckles a woman to death and that you don't you are investigating.

[00:09:43]>> They've done it.

[00:09:44]>> We are we are doing the investigation, not a problem.

[00:09:48]>> No, no, but but you lost it may recall.

[00:09:50]>> Yeah, and complaining himself says no community, no political party, nothing.

[00:09:55]>> In fact, you need not file a complaint.

[00:09:57]My lord, the Supreme Court in Punawala judgment said that it is suo motu you have to register a complaint.

[00:10:01]>> No problem.

[00:10:03]If it if it were to be See, mob lynching was a different thing.

[00:10:06]>> It happened in the same region.

[00:10:07]>> No, maybe region may sir, everything happens in that region will result in like end up in registration of crimes. That we can never abuse.

[00:10:16]>> It's not Now, we have registered an FIR.

[00:10:18]What is that they have even we have not even issued a notice to him.

[00:10:21]>> No problem.

[00:10:21]>> How does he agree agree by registration of FIR? We have registered and we may 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 we are here before this court on Monday.

[00:10:35]Have we done something? No.

[00:10:37]>> I don't do anything. I should My lords, with all due respect to the FIR, my lords >> Your lordship going to put a premium on this kind of activities in this region.

[00:10:44]That's all I'm >> If it were to be a real activity that could bring in enmity, I would not have heard him at all.

[00:10:51]It is a plain statement. Two statements are there.

[00:10:54]One, he was wearing something, heckled 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 a reality.

[00:11:05]More than anything there.

[00:11:08]Anything there.

[00:11:11]>> No, no, no. Here is the reality is also the reality the fact that he is uh targeting a particular community.

[00:11:17]>> Where?

[00:11:17]>> No.

[00:11:18]>> Where is the community?

[00:11:22]>> It's a figment of somebody's imagination.

[00:11:24]>> 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. Let them say that >> Is that is that tweet there?

[00:11:36]Why are you making out of that tweet?

[00:11:38]There is not even in something like that in the tweet.

[00:11:40]>> My lord, in the >> In the whole complaint and the FIR >> No religious community is mentioned my lord.

[00:11:46]>> If if the investigating agency is thinking like this, it is 153. Not what they have done.

[00:11:52]>> The if the entire tweet is in that context.

[00:11:55]>> No, sir. You need to add that. I'll quote the tweet now.

[00:12:02]Even worse statements were there in that.

[00:12:08]No, no. Even other than that also Oh, whatever.

[00:12:17]All statements are like this only, sir.

[00:12:19]>> That's correct. Only we should allow it.

[00:12:21]Let me see.

[00:12:22]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. I'm not on that.

[00:12:32]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.

[00:12:44]No.

[00:12:44]>> It has generated in the region. I can place those material my lord. It has generated that.

[00:12:48]>> And there are two FIRs registered, one on Saturday and Why is that? Here are the FIRs again.

[00:12:53]>> We will club it, my lord. We will >> Why wait to, sir?

[00:12:57]>> Station, somebody in Bangalore is >> My lord, prosecution procedure is the prosecution, my lords.

[00:13:03]It is just to punish somebody for You produce all that.

[00:13:06]>> No, let the Mangalore case be the Bantwal case be remain, my lord. I don't police station my lord can stay here.

[00:13:10]Let them produce the material what transferred >> No problem, sir. We'll answer it.

[00:13:15]The petitioners in both these cases are common.

[00:13:21]They are facing uh allegations in different crimes registered on one solitary tweet.

[00:13:31]The tweet reads as follows.

[00:13:35]This is what drives these two petitioners to this court.

[00:13:39]Heard the learned counsel Tejasvi Surya, alias 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.

[00:13:56]The petitioner, a law student tweets about an incident. The tweet is quoted here in above. The backdrop to this tweet is a a man hackles a woman to death in broad daylight in a bus stop in Bantwal area.

[00:14:17]in Bantwal.

[00:14:19]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 hackling the woman to her death for whatever reason it is the tweet is made which indicates that the monster with a wrist watch on his left hand, pants above his ankles, killed a girl at Bantwal bus stand. What can be made out of this tweet is ununderstandable.

[00:14:52]It is deciphered, researched and the submission is now made that it belong it projects to a particular community.

[00:15:01]While there is nothing in the tweet that can be so said.

[00:15:07]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 that the division bench itself has held that the withdrawals of cases were wrong.

[00:15:30]So, these are two facts. These are two admitted facts. Or these are two stubborn facts.

[00:15:37]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 the tweet as a forequoted. One becomes a crime in crime number 108 of 2026, and the other in crime number Bantwal district.

[00:16:13]>> 100 >> 100 of 2026.

[00:16:15]The learned SPP would put up vehement opposition to the grant of any protective orders at the hands of this court to these to the petitioner on this score 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.

[00:16:37]But 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 other entity that would generate hatred between the two as is obtaining under as obtaining under the under Section 1 153 two on 153 A of the IPC or 505 two, the 192 192 196 are 192 and 353 two of the BNS.

[00:17:12]Therefore, the BNS.

[00:17:16]In the light of the aforesaid circumstance, I deem it appropriate to stall further proceedings where the further investigation where these petitioners in the light of the judgments of the Apex Court in the case of Javed Hajam 2004 2024 4 SCC page 156 Um Bilal Ahmed Kalu 1997 1 SCC 197 then Patricia 2015 1 SC I'll do the 2021 5 SCC and and so and so.

[00:17:46]They therefore there shall be an interim order of stay of further investigation where these where these petitioners in both these cases till the next date of hearing. List the matter on the 5th of August at 12:00.

[00:18:00]>> Notice is to >> Um 5th complaint. The one HCGP to emergent notice returnable by the 7th of August. List on 7th of August. Much obliged.

[00:18:32]Hello, this is a Vivekananda.

[00:18:34]This is a petition where petitioner number one is a MLA from Special court matter. Special court SC/ST act is involved and cognizance is taken.

[00:18:57]When DCRE complaint made it out? A DCRE complaint made it out.

[00:19:01]It is facts in other words I receive a complaint from people that sand is being mined from an agricultural department place and I go there and I find a the number two there in his structure carrying that sand, I question him. A crime is registered. And charge sheet is filed and the column 17 clearly says that he was illegally transporting sand. May I request my lord to turn to page I will only request my lord to please turn to page number 89.

[00:19:32]>> I had the learned counsel Girish Bharadwaj appearing for the petitioner.

[00:19:35]89 only?

[00:19:36]>> 89 only. After charge sheet the IO writes to 104, sorry.

[00:19:41]104.

[00:19:43]>> Mhm.

[00:19:43]>> My lord, this is a letter which is written by IO to the panchayat development officer.

[00:19:47]>> Mhm.

[00:19:48]>> Where he says that where he asks the panchayat if he if the permission was given to transport this sand.

[00:19:55]>> Mhm.

[00:19:55]>> The next page is the reply given by the PDO.

[00:19:58]>> Mhm.

[00:20:02]Mhm.

[00:20:05]Mhm.

[00:20:10]>> The next page, that is 106.

[00:20:12]This is a letter where >> This is this you are the complainant there?

[00:20:15]>> No, I filed a complaint that sand mining was there. I filed that the illegal sand mining is happening.

[00:20:19]>> Here, I had the learned counsel Girish Bharadwaj appearing for the petitioner.

[00:20:23]The petitioner stands in the position of a whistleblower.

[00:20:28]Where he complains that illegal sand mining is taking place in a particular area.

[00:20:34]The petitioner area, this is accepted by the panchayat and complaints are registered. What comes back in turn is a complaint against the petitioner alleging offenses punishable under section 126 to 352 and 351 of the BNS and the offenses under the atrocities act. A perusal at the order of taking of cognizance of the complaint would not indicate the offenses under section 126 one stroke 339 of the IPC to be met for an offense to become punishable under Section 126 2 of the BNS. In the light of the the >> [clears throat] >> the light of the material found in wanting to permit any further proceedings, there shall be an interim order of stay ready petitioners petitioner umbrella petitioners still the next date of hearing 1 HCGP to emergent notice. Next.