On Friday, October 18, the Supreme Court stayed the Karnataka High Court's judgment that had allowed an investigation into a case where a person was accused of calling Mallikarjun Kharge, President of the All India Congress Committee (AICC), 'Ayogya' (meaning incompetent).
A bench comprising Justices MM Sundresh and Pankaj Mithal passed this interim order while issuing a notice on the petitioner's special leave petition.
The High Court had previously quashed charges under the SC/ST (Prevention of Atrocities) Act, particularly Section 3(2)(v-a), but allowed the investigation to continue for alleged offenses under Sections 153-A, 153-B, and 505(2) of the Indian Penal Code (IPC). These sections relate to promoting enmity, disharmony, or ill-will among different groups.
The controversy stems from a speech made by the petitioner in Siravara, Raichur (Karnataka), where he referred to Kharge as 'Ayogya.' According to the complainant, who is the President of the District Congress Committee, the term was used with the intent to incite hatred and hostility towards Kharge’s caste and to damage his reputation by portraying him as deceitful.
In its ruling, the High Court noted that while the test for evaluating such statements should be from the perspective of reasonable and strong-minded individuals, it could not dismiss the possibility that Kharge’s supporters or Congress Party followers could take offense at this stage. Therefore, the Court had allowed the investigation to proceed with respect to the charges under the IPC.
