Anything and everything cannot be uttered against opponents during election campaign in the garb of dissent being essence of democracy: Karnataka High Court

Observing that though there is no doubt that dissent is the essence of democracy, the High Court of Karnataka has said that it doesn’t mean that “the maker of a statement could get away with any statement in the garb of it being made during an election rally or in the post election rally.”

Observing that though there is no doubt that dissent is the essence of democracy, the High Court of Karnataka has said that it doesn’t mean that “the maker of a statement could get away with any statement in the garb of it being made during an election rally or in the post election rally.”

“In the garb of dissent being the essence of democracy, the speeches should not malign the character of any person unless it is borne out by facts,” the court said.

Justice M. Nagaprasanna made these observations while dismissing BJP’s MLA V. Sunil Kumar’s petition, in which he had challenged the defamation case filed against him by Pramod Muthalik, head of Sri Rama Sene.

“In this digital age anything spoken does not remain with the person who speaks it. It is circulated within no time. Making a speech in public is a speech made against the person which would come to be known to each and every one,” the court observed.

While refusing to interfere with the defamation proceeding initiated by Mr. Muthalik against Mr. Kumar for making defamatory statements during campaign for the election held to the State Legislature from Karkala Assembly constituency, the court said that the ‘trial is investable’ as the contents of the speech made by Mr. Kumar prima facie falls under purview of the defamation law.

Recently, the court pointed out that there was a spate of petitions on defamation proceedings initiated by leaders of different political parties against each other and orally observed that politicians nowadays appear to be indulging in individual mudslinging against each other.