Bengaluru: A Special Court in Bengaluru has rejected a private complaint filed against Chief Minister Siddaramaiah for his prosecution under section 499 and 500 of the Indian Penal Code reported livelaw.com.
The complainants Shankar Shet & another said that they belong to the Lingayat community and when Siddaramaiah was in opposition, he made a derogatory and defamatory statement against it before the media during the campaigning for 2023 General Assembly election in Varuna constituency.
It was alleged when one news reporter questioned as to what is his opinion on BJP’s strategy of selecting a Lingayat Candidate as Chief Minister, Siddaramaiah replied by making a “malicious statement” that previous CMs, who were Lingayats, have spoiled the state due to their corrupt nature. The complaint contended that the reputation and moral value of the entire Lingayat Community has been degraded before the general public.
Additional Chief Metropolitan Magistrate, Preeth J watched the video footage of the campaign wherein the alleged defamatory statement was made, in open court. Considering the statement made by the accused, the court said:
“From the above referred statement, it very clearly goes to show that the statement is not made in respect of the entire Lingayat Community, but only in respect of the Chief Minister who was holding the position of Chief Minister, as on the date of the statement. The accused has not targeted the members of the Lingayat Community as such nor any imputation has been made against the Lingayat Community as such.”
The court said complainants have not suffered any legal injury by the statement made by the accused and their reputation has not in any way been lowered.
“Since, they are not the person aggrieved, taking cognizance of the offence and proceeding with the case will amount to an abuse of legal process,” it stated.
The court further ruled the statement is not per-se defamatory and is an answer given in the form of a statement by the Opposition Party to the question posed by the news reporter, “which often happens in politics.”
Dismissing the complaint the court said:
“Since, the statement given by the accused is not defaming the Lingayat Community as a whole as alleged by the complainants herein, they even do not have locus-standi to file this complaint. As such, the complaint is not maintainable.”
