HC: Poll speech can't be excuse to malign an individual

BENGALURU: A rally held during or after polls is no excuse to get away with statements maligning an individual, the Karnataka HC observed recently. Justice M Nagaprasanna made this observation while refusing to quash proceedings against Sunil Kumar, BJP MLA from Karkala constituency, in a defamation case registered against him by Sri Rama Sene leader Pramod Muthalik.
In 2023 assembly election, Muthalik had contested as an independent against Sunil Kumar and lost. At a rally organised to celebrate the victory a day after the results, Sunil Kumar alleged the Sri Rama Sene leader had a role in the killings of Hindus in the name of Tiger Gang.
Muthalik filed a private complaint for defamation, and on Mar 20, 2024, special court for elected representatives at Bengaluru took cognisance of the case. Sunil challenged it and argued that statements made during elections cannot be considered defamatory.
"Dissent is essence of democracy but that would not mean maker of a statement can get away with any statement in the garb of it being made during election rally," Justice Nagaprasanna said.