Delhi court refuses to direct registration of FIR against Kharge

A Delhi Court has declined to direct the registration of an FIR against Congress Chief Mallikarjun Kharge over allegations of hate speech against the BJP and RSS during an election rally in Karnataka in April 2023.

However, the court has taken cognisance of the complaint filed by advocate Ravinder Gupta, a member of the RSS, who claimed defamation as an RSS member due to Kharge’s remarks.

Judicial Magistrate First Class (JMFC) Chatinder Singh, in an order dated December 9, “There is no need for investigation by the Police under Section 156(3) CrPC in this case. Application is hereby dismissed.”

The court reasoned that the accused’s identity and all necessary evidence were already with the complainant, eliminating the need for police investigation or FIR registration.

The complaint alleged that Kharge’s speech on April 27, 2023, at an election rally in Naregal, Karnataka, included “scathing remarks” against the BJP and RSS.

Later that day, Kharge reportedly clarified his remarks were directed at the BJP and RSS, not Prime Minister Narendra Modi. The complainant, as an RSS member, claimed defamation and sought legal action.

The court observed that all the material is available with the complainant, and no technical or complex investigation is required by the police. It further noted, “The true test to use the discretionary power to order an investigation by police under Section 156(3) CrPC is not whether any cognizable offence is committed or not, but whether an investigation by the police agency is required or not.”