A special court in Karnataka rejected a private criminal defamation complaint on Tuesday against Chief Minister Siddaramaiah, which alleged that the Chief Minister had made derogatory remarks against the entire Lingayat community before the recently-concluded Legislative Assembly elections.
Noting that the statement was not made with respect to the entire Lingayat community but only with respect to former Chief Minister Basavaraj Bommai, Additional Chief Metropolitan Magistrate Preeth J held that the complainants had not incurred any legal injury due to Siddaramaiah’s statement.
Terming the plea as not maintainable, the Judge said taking cognisance of the offence and initiating legal proceedings in this case would constitute an abuse of legal process.
It also noted that the statement made by the accused did not in any way lower the reputation of the petitioners, who were also not the aggrieved person.
The ACMM passed the order on a petition filed by two individuals belonging to the Lingayat community seeking cognisance of the offence under Section 499 (defamation) of the Indian Penal Code.
The petitioners alleged that a statement made by Siddaramaiah in Varuna constituency before the Assembly elections was derogatory and defamatory against the entire community.
As per reports, Siddaramaiah allegedly shared his opinion with a reporter over the Bharatiya Janata Party selecting a Lingayat candidate as Chief Minister. He reportedly stated that a Lingayat CM had already tarnished the state due to his corrupt nature.
The complainants alleged that this statement amounted to criminal defamation, pointing out that no court had convicted or found any Lingayat Chief Minister of Karnataka guilty of offences punishable under the Prevention of Corruption Act.
The statement was intended to tarnish the community’s reputation in the eyes of the general public and to benefit Siddaramaiah’s political career, they alleged.
The special court noted that the statement was not per-se defamatory and did not defame the Lingayat community as a whole, but a particular individual.
The ACMM further noted that the complainants did not even have any locus standi to file the complaint.
(Case title: Shankar Shet and Anr vs Siddaramaiah)