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HC stays probe on BJP MP Tejasvi Surya in Haveri farmer suicide ‘fake news’ case
The Karnataka high court on Thursday granted an interim stay on the investigation against BJP MP Tejasvi Surya, who has been accused of spreading misinformation regarding a farmer’s suicide.
The Karnataka high court on Thursday granted an interim stay on the investigation against BJP MP Tejasvi Surya, who has been accused of spreading misinformation regarding a farmer’s suicide in Haveri district.
Justice M Nagaprasanna, presiding over a single-judge bench, issued the order in response to Surya’s petition seeking to quash the FIR filed in the case.
During the hearing, Surya’s counsel argued that the tweet, now deleted, did not meet the requirements for charges under Section 505(2) of the Indian Penal Code (IPC), which addresses statements aimed at inciting hostility between groups.
The court issued an interim order pausing the investigation, allowing the special public prosecutor to contest the decision if desired. Justice Nagaprasanna said, “There shall be an interim order of stay of any investigation against the petitioner,” setting December 4 as the next hearing date.
The case centres on a now-deleted tweet by Surya, posted on November 7, in which he shared an article alleging that a farmer named Rudrappa Channappa Balikai had died by suicide after learning that his land had been acquired by the Waqf board. Following clarification from Haveri district police, which established that Balikai’s suicide on January 6, 2022, was linked to financial difficulties from crop losses and debt rather than a land dispute, Surya removed the post.
The HC noted that the content of the post and the context presented “would not become an offence or ingredients for an offence punishable under section 505 (2) of IPC,” as previously interpreted by the Supreme Court in similar cases.
During the hearing on Thursday, the state’s special public prosecutor opposed the interim stay, arguing that Surya’s post had potential to “hurt sentiments” and “promote enmity between groups.” He said that “heavens are not going to fall if the case is pending against him,” asserting that a stay order was unnecessary. However, the court noted that the content of the post appeared to be, “at best… criticism of the policy of the government,” rather than an attempt to incite division.
Following the deletion of Surya’s post and the clarification by local authorities, a suo-motu case was filed under Section 353(2) of the BNS on November 7, for allegedly spreading statements that could foster ill-will between groups. The investigation remains suspended pending further proceedings.
