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Setback to RSS defamation case as Karnataka court stays proceedings

Bengaluru, Oct 7 (UNI) A Bengaluru special court on Wednesday stayed the defamation case against Karnataka Home Minister Priyank Kharge and Congress leader Mohammed Nalapad over their alleged remarks about the Rashtriya Swayamsevak Sangh (RSS).
Special Judge K B Shivaprasad said the court needs to first examine whether the person who filed the complaint had the right to do so.
The court issued notice to complainant A Tejas and called for the case records.
The court also said that the complainant's right to file the case is an important issue and should be looked at before the trial continues.
The case was filed against Kharge and Nalapad under Section 356 of the Bharatiya Nyaya Sanhita (BNS). The Magistrate court had earlier taken up the complaint and issued summons to both leaders.
Senior Advocate Sandesh J Chouta, appearing for Kharge, argued that Tejas had given different accounts about his alleged connection with the RSS. He said there was no material to show that Tejas was an RSS member.
He argued that Tejas therefore could not claim to be a person directly affected by the alleged remarks and file the defamation case.
Senior Advocate Vikram Huilgol, appearing for Nalapad, said the law requires a defamation complaint to be filed by a person who has been directly affected. He also said the Magistrate had not given proper reasons for taking up the case against Nalapad.
The special court noted that the Magistrate had earlier decided that the question of whether Tejas had the right to file the complaint could be considered during the trial.
However, the special court said this issue needed to be examined at this stage itself.
The court also noted that summons had already been issued and evidence had started to be recorded. It said that if the proceedings continued, it could affect the purpose of the revision petitions.
The court therefore stayed further proceedings in the case.
The matter will come up for hearing again on October 30.
The petitions were filed through advocates Shathabisha Shivanna and Parithosh SM.
UNI BDN
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