The Karnataka High Court has quashed criminal proceedings against a man booked for sharing a Facebook post with an edited image that depicted Congress leader Rahul Gandhi alongside a Pakistani Army officer with a tagline “one agenda.”
Justice M Nagaprasanna passed the order on a petition filed by the accused, one G Nagesh alias Rajesha Hir imane.
“If the facts obtaining in the case at hand are considered on the bedrock of the principles laid down by the Apex Court, permitting further trial in the case at hand would become an abuse of the process of law and result in miscarriage of justice,” the Court's November 4 order said.
Nagesh (petitioner) had been booked under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) for allegedly promoting enmity, hatred and ill-will between communities and regional groups through the post.
The Facebook post is stated to have been shared by the petitioner on May 20, 2025. It featured one half of Rahul Gandhi's face and the other half of a Pakistani Army officer wearing a nameplate reading “Asim”, accompanied by the tagline “one agenda.”
The Shivamogga Deputy Commissioner lodged a complaint alleging that the post was capable of generating enmity between communities and regional groups.
The petitioner argued that he was not the creator of the image but had merely shared it, and that the allegations did not attract an offence under Section 353(2) BNS. The State opposed the plea, contending that he had prima facie promoted ill-will between communities and should face trial.
The High Court relied on the Supreme Court's ruling in Imran Pratapgarhi v. State of Gujarat, which emphasised the need to balance criminal proceedings involving speech with the fundamental right to freedom of expression under Article 19(1)(a) of the Constitution.
The Court concluded that, on the facts of the case, permitting the trial to continue would amount to an abuse of the process of law and result in a miscarriage of justice.
It consequently quashed the criminal proceedings pending before a court in Hosanagara.
Senior Advocate M Aruna Shyam and advocate Suyog Herele appeared for Nagesh (petitioner).
Special Public Prosecutor BN Jagadeesha appeared for the State.
[Read Order]