Karnataka High Court grants relief to comedian booked for video with Rahul Gandhi's image on sanitary pad

The Karnataka High Court on Friday asked the State police not to file chargesheet in a criminal case recently lodged against comedian Ratan Ranjan and one Arun Kumar, over the circulation of a video which showed Congress leader Rahul Gandhi's photo pasted over a sanitary pad.

According to reports, the complaint filed by a Congress worker had alleged that the video was posted by the comedian and shared by other accused to mock a campaign initiated by the All India Mahila Congress in Bihar to spread awareness about menstrual hygiene and distribute sanitary pads to the poor.

The case against the accused was registered by the High Grounds Police Station in Karnataka accuses the comedian and the co-accused of committing offences under Sections 192 (provocation with intent to cause riot), 336(4) (related to forgery) and 352 (intentional insult with intent to provoke a breach of peace) of the Bharatiya Nyaya Sanhita. (BNS).

Appearing before a Bench of Justice SR Krishna Kumar, Senior Advocate Aruna Shyam defended the comedian.

Shyam contended that Ranjan had made the video to raise awareness on how the Congress was trying to gain sympathy votes and illegally gratify voters ahead of the State Assembly elections in Bihar.

"(Ahead of) the elections, they (Congress party) were distributing sanitary pads (in Bihar) by printing the (image) of political party leader (Rahul Gandhi). That is why they were trolled. It is a fundamental right to have your own comment or expression ... It is illegal gratification that they (Congress) are doing, so they were trolled," Shyam said.

The judge, however, questioned if Ranjan's post was in good taste.

"Say whatever you want, why bring his photo? Why?" he asked.

Shyam replied that it was the Congress that had first pasted Rahul Gandhi's photo on the outer cover of the distributed menstrual pads.

"They have put the photo in the wrapper. They are distributing it! ... (The comedian's post) was to create awareness that illegal gratification (was being resorted to) to get sympathy and votes," he said.

"I am the last person to curb freedom of speech and expression. But, certain things, if it has the effect of-," Justice Kumar began to say.

"Why should they post the image of a political party leader and distribute the sanitary pad?" Senior Advocate Shyam asked, in turn.

Shyam also pointed out that there are similar FIRs registered in other States as well, based on complaints either by the political party or its legal cell.

The Court noted that this could mean that whatever statement is given in the related FIR in Karnataka may be taken as if it is a statement under Section 164 of the Code of Criminal Procedure (CrPC) for the other FIRs.

"That means it can be quashed. That is what Arnab Goswami (judgment) says," Shyam argued.

The Court eventually adjourned the matter for two weeks. On July 16, the State had undertaken not to take any coercive steps against the accused for now. The said undertaking was also extended till the next hearing.

"At request of SPP, list after two weeks. Interim undertaking given on behalf of respondent is extended till next date of hearing. Respondent shall not file chargesheet without leave of the court till next date of hearing," the Court said.

The petition by Ranjan was filed through advocate Suyog Herele E.