Karnataka High Court quashes FIR against Amit Malviya over X post on Rahul Gandhi

The Karnataka High Court on Friday quashed a First Information Report (FIR) registered against former BJP IT Cell convenor Amit Malviya over a social media post criticising Congress leader Rahul Gandhi and his remarks on Operation Sindoor.

Justice M Nagaprasanna today allowed a petition filed by Malviya to quash the case.

Malviya had challenged an FIR registered against him citing the offences under Sections 192 (wantonly giving provocation with intent to cause a riot) and 353 (public mischief) of the Bharatiya Nyaya Sanhita, 2023 (BNS)

The case concerned a post made by Malviya on X (formerly Twitter) on May 20, 2025. Malviya published the image of a face in the post, half of which was that of Congress leader Rahul Gandhi, with the other half being that of Pakistani Army chief Asim Munir. 

The post criticised Rahul Gandhi's remarks on Operation Sindoor - India's cross-border military response to Pakistan afte the Pahalgam terror attack.

Malviya accused the Congress leader of speaking the language of Pakistan and its beneficiaries.

The post further questioned why Rahul Gandhi had not congratulated the Prime Minister of India over Operation Sindoor, and whether the Congress leader was aiming for Nishan-e-Pakistan, the highest civilian honour conferred in Pakistan.

A complaint was filed by Congress functionary Sridhar MM against Malviya over this post. Sridhar alleged that the post was false, malicious and provocative and had the potential to incite hostility towards Gandhi and the Congress party. Based on the complaint, the police registered the FIR on May 20, 2025.

Malviya challenged this FIR before the High Court. He argued that his post constituted political speech and criticism on a matter of public interest. He contended that the criminal proceedings against him amounted to an abuse of the process of law.

On May 22, 2025, Justice S Rachiah stayed the case after noting that prima facie, the allegations against Malviya did not attract the offence under Section 352 of the BNS.

Today, the Court proceeded to allow Malviya's plea and quashed the case altogether.

Senior Advocate M Aruna Shyam and advocate Suyog Herele E appeared for Malviya.

State Public Prosecutor B N Jagadesh appeared for State.

Detailed order is awaited.