Supreme Court quashes case against right-wing activist for calling Mallikarjun Kharge 'Ayogya'

The Supreme Court on Friday quashed a criminal case filed against right-wing activist Chakravarty Sulibele who was booked last year by the Karnataka Police for calling All India Congress Committee (AICC) President Mallikarjun Kharge an 'Ayogya' in a public address [Mithun Chakravarty Devidas Shet v. State of Karnataka and anr.].

The ruling was passed by a Bench of Justices MM Sundresh and N Kotiswar Singh.

Order copy awaited.

In January 2024, Chakravarty Sulibele gave a public address at Karnataka's Raichur, where he described Congress leader Mallikarjun Kharge as 'Ayogya' (incompetent).

Congress Kalaburagi Unit President Jagadev Guttedar Kalagi filed a criminal complaint accusing Sulibele of having used words to incite hatred and violence towards Kharge's caste.

The Karnataka police then registered a criminal case against Sulibele for the offences under Sections 153-A (promoting enmity) 153B (imputation, assertions prejudicial to national-integration), 505(2) (promoting enmity, hatred or ill will between classes) of the Indian Penal Code (IPC) and Section 3(2)(v-a) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act).

Sulibele challenged this before the High Court, which in October 2024 quashed the SC/ST Act charges, but allowed investigation to continue with respect to the alleged IPC offences.

This prompted Sulibele to approach the Supreme Court for relief, where he contended that the High Court had erroneously interpreted the term 'Ayogya' as meaning 'Rascal.'

The word 'Ayogya' has several synonyms, with the word closest in meaning being ‘worthless’, Sulibele contended. He added that the High Court had not interpreted the word correctly, in the facts of this case.

The top court today allowed his plea to quash the criminal case against him.

Senior Advocate Aruna Shyam led the arguments for Sulibele.

Sulibele's petition was filed through advocates Sudhanshu Prakash and Suyog Herele.