The case pertains to remarks made by the Congress leader during an election rally in the southern state of Karnataka in 2023.
NEW DELHI – The Rouse Avenue court in the national capital has issued a notice to Congress president Mallikarjun Kharge in a revision plea against a lower court’s rejection of a complaint against hate speech allegedly delivered in 2023. The case pertains to remarks made by the Congress chief during an election rally in the southern state of Karnataka.
The complaint was initially rejected by the Tis Hazari court.
Special Judge Jitendra Singh issued notice to Delhi Police and Mallikarjun Kharge on Thursday in the revision filed by an advocate, Ravindra Gupta. The matter has been listed for February 27 for a hearing. The court has also summoned the trial court record prior to the next date of hearing.
The revision petition was filed for a direction to set aside the order of November 11, 2025, passed by the Tis Hazari court. Advocate Gagan Gandhi appeared for revisionist Ravindra Gupta.
The Tis Hazari court had declined cognisance and rejected the complaint last November.
The complainant, an RSS member, had alleged that Kharge delivered the hate speech during an election rally in Naregal, Karnataka, in April 2023.
Rejecting the complaint, the court found that no offence of hate speech was made out. The statement was not aimed at any community or religion, it held.
Earlier, in December 2024, the court refused to direct the registration of an FIR against Kharge for his alleged defamatory statement against Prime Minister Narendra Modi.
Judicial Magistrate First Class (JMFC) Preeti Rajoria had recently declined cognisance of the complaint and dismissed it. “The statement is merely aimed at the political and ideological principles and not at any community defined by religion, caste, or ethnicity,” JMFC Rajoria said in the order passed on November 11.
The court also stated that no violence was incited following the speech. “Lastly, it is a settled position of law that mere criticism, however harsh and offensive, is not sufficient to make it punishable as ‘hate speech’ unless it tends to incite hatred between two groups,” the court said.
The court said that the evidence on record prima facie does not point towards the commission of the offence of defamation under Section 500 IPC. “It is pertinent to note that cognisance for offence under Section 500 IPC for offence of defamation is also barred in the present case, since the present complaint has not been filed by the victim himself, the prime minister,” JMFC Rajoria had said.
While rejecting the complaint, the court also took into consideration the judgement in the case titled ‘Pravasi Bhalai Sangathan vs. Union of India’ wherein the Supreme Court held that there must be a direct nexus between the hate speech and incitement/public disorder.
The court said, “There are no sufficient grounds for proceeding further against the proposed accused/alleged for any offence as no offence of defamation and hate speech as alleged is made out against the proposed accused.”
“Therefore, cognisance is declined, and the present complaint is disposed of as dismissed,” the court ordered.
