Karnataka High Court stays police notice to Kannada YouTuber Samir MD

The Karnataka High Court on Thursday stayed a March 5 notice issued by the Bellary Police to Kannada YouTuber Samir MD in connection with a criminal case registered against him for allegedly offending religious sentiments in a video discussing a 2012 rape and murder case..The police had asked Samir appear before them in connection with the case but Justice M Nagaprasanna stayed the same after noting that the notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was issued without attaching a copy of the first information report (FIR) to it. The Court made it clear that all police notices must be accompanied by a copy of the FIR and also said that it should be issued by registered post and not other modes like WhatsApp. "There shall be an interim order of stay as prayed for till the next date of hearing. List the matter on Wednesday (March 12)," the Court proceeded to order. .Samir's lawyer told the Court yesterday that the police had barged into his premises with the intention to arrest the YouTuber on the night of March 5, but the arrest was prevented only due to the intervention of his lawyers. The video prompting such action was uploaded by the YouTuber last month, titled "Dharmasthala Soujanya Case." The video is said to recount the tragic rape and murder of a 17-year-old college student in 2012, the events leading to the acquittal of the prime accused, one Santosh Rao, and an ongoing movement seeking justice for the rape victim. According to reports, the video also indicated that the police had botched up the probe and arrested the wrong person for the crime. Further, it reportedly contained veiled references to D Veerendra Heggade, the head of an influential temple named Shri Kshetra Dharmasthala, who was accused of shielding the actual perpetrators of the crime. This prompted the police to register a criminal case against the YouTuber under Section 299 of the Bharatiya Nyaya Sanhita (BNS), which punishes acts that outrage the feelings of any class of persons by insulting their religion or religious beliefs. .What is the mortal hurry? Because the Youtuber has projected somebody who is influential?Karnataka High Court.On Thursday, the High Court questioned the tearing hurry with which the police acted against the YouTuber, given that the police notice issued was missing a mandatory copy of the FIR."What is the mortal hurry? Because the Youtuber has projected somebody who is influential? What else can it be?" Justice Nagaprasanna asked.He added that the matter involved a question of his fundamental rights and found some substance in the YouTuber's apprehension that the police were gearing to arrest him. The Court orally observed that the police appeared to be trying to create grounds for arresting Samir by saying that he had failed to comply with a notice asking him to appear before the police.The matter will be heard next on March 12. Samir's plea was filed through advocates Pawan Shyam, Ojaswi and Dheeraj SJ.