The Supreme Court today refused to entertain a plea challenging a Karnataka High Court order staying investigation against BJP MP Tejasvi Surya for allegedly posting objectionable tweets and violating the Model Code of Conduct.
The petitioner, Campaign Against Hate Speech, withdrew the plea after a bench of Justice Sanjiv Khanna and Justice Dipankar Datta expressed disinclination to entertain the matter. However, the bench gave liberty to the petitioner to move the High Court seeking modification of the order.
The case relates to a March 17 incident, when a few men assaulted a shopkeeper in Nagarathpete area of Bengaluru allegedly because he played Hanuman Chalisa at his shop during Azaan. A FIR was registered on the matter, but on March 19, some protests were organized in the area.
Reportedly, BJP MP Tejasvi Surya visited the place and certain individuals from the area joined him in front of the shop of the victim. They demonstrated against the alleged assault and some public disturbance occurred.
It is alleged that the BJP MP also made certain tweets on March 18 following the incident. Following, a group of activists by the name of Campaign Against Hate Speech (petitioner) lodged a written complaint before the District Election officer, seeking action against him for the tweets, claiming they were in violation of the Model Code of Conduct.
The petitioner claimed that Tejasvi Surya’s remarks amounted to hate speech and a call for violence against the Muslim community. Notably, complaints were also filed against Union Minister Shobha Karandlaje and BJP MP PC Mohan for allegedly disrupting communal harmony and engaging in unlawful assembly.
Furthermore, an FIR was lodged against Tejasvi Surya under Sections 153A, 295A of the Indian Penal Code (IPC) and Section 123 (3A) of the Representation of People Act, for posting the alleged objectionable tweets.
The Karnataka High Court on March 22, stayed further investigation in this FIR. The High Court also stayed further proceedings in an FIR registered under Sections 143, 149, 188, 283, 290, 268 against Tejasvi Surya and PC Mohan.
Disappointed by this interim relief, the petitioner filed the present petition before the Supreme Court.