HC stays case against Deputy CM DK Shivakumar over FB post against BJP leaders

The Karnataka High Court on Thursday stayed a criminal case registered in 2024 against Deputy Chief Minister DK Shivakumar over a Facebook post against BJP leaders, which allegedly contained morphed and provocative content. Justice Sunil Dutt Yadav passed the interim order on a plea by Shivakumar to quash the criminal proceedings against him. The Court also sought the response of the State in the matter.

The case against Shivakumar is tied to a post published on the Indian National Congress (INC) Karnataka’s Facebook page in 2024. The post was uploaded amid protests by BJP leaders against the January 2024 arrest of Srikanth Poojary in a three-decade-old riots case tied to the 1992 Babri Masjid demolition in Ayodhya.

Following the arrest, the BJP’s Karnataka unit launched a campaign against the ruling Congress Government. Prominent BJP leaders such as its State President Vijayendra Yediyurappa, Eshwarappa, Pratapa Simha and CT Ravi held placards that said “I’m also a Karsevak, Arrest Me Too” during demonstrations.

While this was happening, a post was allegedly uploaded on the INC Karnataka Facebook page featuring such BJP leaders holding placards, but with morphed text on the placards. The State convenor of BJP’s legal cell, advocate Yogendra Hodaghatta, sought the registration of a criminal case against the social media head of the INC Karnataka, BR Naidu, as well as Karnataka Pradesh Congress Committee President DK Shivakumar in connection with this post.

He contended that the post was aimed at provoking enmity between groups and to tarnish the image of senior BJP leaders. After the police initially declined to register the case, Hodaghatta filed a private complaint before a judicial magistrate in Bengaluru. The court in February 2024 referred the matter back to the police for investigation and the filing of a First Information Report (FIR).

The FIR subsequently registered by the High Grounds police station alleged commission of offences under Sections 153(A) (promoting enmity), 504 (intentional insult with intent to provoke a breach of the peace), 505 (2) (statements creating or promoting enmity, hatred or ill will between classes) and 464 (making false document) of the Indian Penal Code. Shivakumar then moved the High Court to quash these criminal proceedings.