Delhi: Court issues notice to Congress president Kharge in revision against rejection of complaint against him

The Tis Hazari court had rejected a complaint alleging hate speech by Kharge in an election rally in Karnataka in April 2023.

Special Judge Jitendra Singh issued notice to Delhi Police and Mallikarjun Kharge in the revision filed by an advocate, Ravindra Gupta.

The matter has been listed on February 27 for a hearing.

The court has also summoned the trial court record prior to the next date of hearing.

This revision petition is filed for a direction to set aside the order of November 11, 2025, passed by the Tis Hazari Court. Advocate Gagan Gandhi appeared for revisionist Ravindra Gupta.

On November 11, 2025, the Tis Hazari Court rejected a criminal complaint against Congress President Mallikarjun Kharge. The court had declined cognisance and rejected the Complaint.

The Complainant, an RSS Member also, had alleged hate speech given by Kharge during an election rally in Naregal, Karnataka, in April 2023.

The court said that no offence of hate speech is made out. The statement was not aimed at any community or religion.

Earlier, in December 2024, the court refused to direct the registration of an FIR against Mallika Arjun Kharge. It was alleged that Kharge also gave a defamatory statement against PM Modi.

Judicial Magistrate First Class (JMFC) Preeti Rajoria had recently declined cognisance of the complaint and dismissed it against Mallikarjun Kharge.

"The statement is merely aimed at the political and ideological principles and not at any community defined by religion, caste, or ethnicity," JMFC Rajoria said in the order passed on November 11.

The court also stated that no violence was incited following the speech.

"Lastly, it is a settled position of law that mere criticism, however harsh and offensive, is not sufficient to make it punishable as 'hate speech' unless it tends to incite hatred between two groups," the court said.

The court said that the evidence on record prima facie does not point towards the commission of the offence of defamation under Section 500 IPC.

"It is pertinent to note that cognisance for offence under section 500 IPC for offence of defamation is also barred in the present case, since the present complaint has not been filed by the victim himself, the Prime Minister," JMFC Rajoria had said.

While rejecting the complaint, the court also took into consideration the judgement in the case titled 'Pravasi Bhalai Sangathan vs. Union of India' wherein the Supreme Court held that there must be a direct nexus between the hate speech and incitement/public disorder.

The court said, "There are no sufficient grounds for proceeding further against the proposed accused/alleged for any offence as no offence of defamation and hate speech as alleged is made out against the proposed accused."

"Therefore cognizance is declined, and the present complaint is disposed of as dismissed," the court ordered.

In December 2024, the Court refused to issue directions to register an FIR against Congress Chief Mallikarjun Kharge.

Complainant Ravindra Gupta had alleged hate speech against the BJP and RSS in an election rally in Karnataka in April 2023.

The court, after hearing the submissions by the Complainant's counsel and considering the Action Taken Report (ATR) of the Delhi Police, refused to issue directions for the registration of an FIR on December 9, 2024.

The Court had said that the Complainant is at liberty to lead pre-summoning evidence (PSE). In case any requirement of investigation arises at a later stage related to some disputed facts, the provision of section 202 Cr.PC could be resorted to.

The Court noted that the allegation is that Kharge made a speech at an election rally in which scathing remarks were made against the BJP and the RSS, and that the complainant is aggrieved because he is a member of the RSS.

The court held that the evidence is within the reach of the complainant and that no assistance from the police is required to obtain it.

It was alleged that the accused gave hate speech on April 27, 2023, wherein Kharge passed a scathing remark against PM Narendra Modi while addressing an election rally at Naregal, Gadag, Karnataka.

It was further stated in the complaint that, later the same day, the alleged accused, at other election rallies, clarified that his statement was not against the Prime Minister but against the BJP and the RSS. "As a member of the RSS, the complainant feels defamed because he is an ardent follower and active member of the RSS." (ANI)