Karnataka police register FIR against Amit Malviya over defamatory tweet on Rahul Gandhi

Based on a complaint given by the KPCC's Ramesh Babu, the police booked Malviya under IPC Sections 153A, 120B, 505(2), and 34.

ByBellie Thomas

Published Jun 28, 2023 | 5:45 PM ⚊UpdatedJun 28, 2023 | 6:06 PM

Amit Malviya

Amit Malviya. (amitmalviyabjp/Facebook)

The Karnataka State Police on Tuesday, 27 June, registered an FIR against Amit Malviya, national convener of the BJP’s IT Cell, for a recent tweet on senior Congress leader Rahul Gandhi.

The FIR was registered based on a complaint given by Ramesh Babu, co-chairman of the Communication Department of the Karnataka Pradesh Congress Committee (KPCC), and also a law practitioner.

The complaint itself was signed by Karnataka IT/BT Minister Priyank Kharge, who is also the chairman of the Communications Department of the KPCC.

The High Grounds police in Bengaluru booked Malviya under Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence), 120B (criminal conspiracy), and 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code (IPC), read with its Section 34 (acts done by several persons in furtherance of common intention).

“As this is a non-cognizable offence, we will be issuing a notice to the accused in this regard and will be expecting a reply from him,” a senior police officer attached to High Grounds Police Station told South First.

Also read: Youth Congress sends legal notice to Amit Malviya 

Details of the complaint

According to the FIR, Malviya had tweeted a video with captions, “Rahul Gandhi is dangerous and playing an insidious game” and “more dangerous are people who are pulling strings of #Raga like Sam P, staunchly anti-India. They leave no stone unturned to defame India overseas, just to embarrass Hon’ble PM @Narendramodi ji. [sic]”

A senior police officer from High Grounds police station had told South First that they were in the process of seeking a legal opinion on proceeding with this complaint.

The complaint was against three BJP leaders — Amit Malviya, the party’s national president JP Nadda, and president of the Chandigarh unit, Arun Sood.

They were accused of disseminating malicious, false, and incendiary content targeting the Congress and its senior leaders.

Also read: Malviya a case-study for ‘habitual peddler of misinformation’

About the video

According to the complaint, Amit Malviya shared an animated video of Rahul Gandhi, targeting him and the Congress with not only malicious intent but also with an intent to promote enmity between groups and incite as well as provoke its viewers.

It added that this video was also endorsed by key BJP leaders, such as JP Nadda and Arun Sood.

“The video was circulated on 17 June via Malviya’s Twitter handle with a clear and malicious intent of not only tarnishing Rahul Gandhi’s and the INC’s reputation, but to instigate communal discord, and misrepresent the party and its leader’s persona,” the complaint stated.

In the complaint to the High Grounds station house officer (SHO), Priyank Kharge and Ramesh Babu stated that the video presented a foreign voiceover outlining an anti-national objective, aimed to deter India’s ascension as a global economic powerhouse.

“The said video is created and published with the express intention to defame the INC as well as its senior leader, Rahul Gandhi, and to bring ill repute by portraying the INC and its leaders as conspirators in this destructive agenda, which is unequivocally illegal and amounts to committing offences punishable under the Indian Penal Code (and other provisions of law),” said the complaint.

It also stated that the video sought to link Rahul Gandhi and the Congress with foreign elements acting against national interests.

The video also insinuated Rahul Gandhi and the Congress’ association with “international media” as part of the plot to dismantle India showcasing newspapers with headlines spreading an “anti-India narrative” and depicting the rise of “Hindu Extremism”, said the complaint.

Also Read: Karnataka fact-checking cell to curb fake news on social media

Another worrisome aspect was the animated misrepresentation of Rahul Gandhi’s interaction with the people of the Islamic faith, it said.

The video also featured an inflammatory score, a distortion of a song Govinda from the movie Sarkar (2005) — the lyrics have been altered to Todunga (will break) — aiming to provoke and stir communal sentiments, a tactic that is morally repugnant and legally impermissible, the complaint stated.

These false accusations were not only defamatory but also posed a threat to national security by sowing seeds of distrust among the populace, the complaint stated.

Soon after the FIR was registered, Amit Malviya reposted the same tweet with a caption in Hindi, “Rahul Gandhi Videshi Taaqaton ka Mohra” (Rahul Gandhi a pawn of foreign forces).

Congress leaders react

Karnataka’s IT/BT Minister Priyank Kharge tweeted that the BJP cries foul whenever it faces the law.

“They (BJP) have a problem with following the law of the land and they have a problem with the Constitution. And if we enforce the law or the Constitution, they have a problem with that,” he told reporters.

“I would like to ask the BJP, which part of the FIR that has been lodged against Malviya portrays mala fide intention? Who is the creator of the video? Who is the one spreading the video? Who is getting the video to have enough traction on social media? Who is spreading these lies? I have promised the people of Karnataka that fake news will be reined in,” he added.

Congress leader Pawan Khera said, “More FIRs should be registered against him (Amit Malviya). If anyone is responsible for playing with the truth, facts, people’s images, and the country’s reputation, it is the BJP IT Cell.”

Also read: Centre puts notification on creating fact-checking body on hold

BJP’s response

The BJP on Wednesday described the lodging of the FIR against its IT Cell head in Congress-ruled Karnataka as “pathetic”, and alleged that it was done to intimidate and silence him.

Reacting to the development, BJP national spokesperson Shehzad Poonawalla took to Twitter to slam the Congress and alleged, “The FIR against Amit Malviya is nothing but a malicious use of provisions of law to silence, intimidate.”

He added: “At best, if Rahul Gandhi was aggrieved by any tweet, he could have filed a defamation case in court.”

Poonawala continued: “Using the state machinery to settle scores only shows that the Congress’ own communication and social media paraphernalia is supremely incompetent and, hence, needs the state police to fight its battles! Pathetic. See you in court.”

Meanwhile, Bengaluru South MP Tejasvi Surya tweeted, “The FIR filed against Sri @amitmalviya is politically motivated. Plain and simple. Case is registered under 153A and 505(2) of IPC for his alleged statement against Rahul Gandhi. Both the above sections deals with promoting enmity between groups. So, what is Rahul Gandhi? An individual or a group or a class? We will challenge this in the court & ensure justice. [sic]”

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