Amidst the landscape of Bengaluru in Karnataka, the esteemed Karnataka High Court has pronounced the viability of instigating a defamation lawsuit against a political entity. In a notable case, the High Court declined to annul the defamation litigation initiated by Congress MLA Rizwan Arshad of Shivajinagar against the Bharatiya Janata Party (BJP), asserting the admissibility of such legal action against a political faction.
The BJP’s state division, along with its former leader, submitted an application seeking the annulment of the 2019 defamation case lodged by Rizwan Arshad. In the judicial domain of Justice Krishna S Dixit, presiding over this singular member bench, the petition met with dismissal, accompanied by a directive. Sections 499 and 500 of the Indian Penal Code delineate the provision for a collective of individuals, akin to the petitioner, to be incorporated as parties in criminal proceedings of this nature.
Within the framework of our operative democracy, where political entities and elected representatives stand as integral components, the need for commensurate safeguards becomes imperative. Hence, the bench, cognizant that defamation, while not constituting a grave offense, demands due consideration, underscored this perspective.
It is imperative to note that the disposition of this petition, with its elucidations, will not exert influence on the parallel defamation case currently awaiting adjudication in the specialized court.
Challenging the legal stance, the lawyer representing the BJP contended, “The party cannot be ascribed the status of a person, in accordance with sections 499 and 500 of the Indian Penal Code.”
Opposing this viewpoint, Rizwan’s legal representative retorted, “As the term ‘person’ is expounded in Section 11 of the IPC, the party, too, represents an organization comprising numerous individuals. Whether registered or not, all entities, encompassing governments, corporations, and labor unions, merit their individual respect. In this instance, the defamation claim is predicated on the assertion that the original complainant’s dignity has been impinged upon. It is apt for the special court to take remedial measures.”
The genesis of the legal dispute traces back to 2019 when the BJP disseminated a disparaging post on social media, implicating Rizwan Arshad, then a member of the Karnataka Legislative Council, in various electoral improprieties.
Taking umbrage at this, Rizwan Arshad promptly lodged a police complaint against the BJP and an individual named Balaji Ashwin, alleging a threat to his persona posed by the party’s online posts. Subsequently, the Special Court of People’s Representatives took cognizance, issuing summonses to the BJP and its state president. The BJP contested this, instigating an application in the Karnataka High Court.