Defamation complaint over K'taka Cong's promise to ban Bajrang Dal: Mumbai court asks cops to probe

Mumbai, Jan 5 (PTI) A Mumbai court on Monday directed the police to probe allegations that the Congress promised to ban Bajrang Dal in its 2023 Karnataka assembly election manifesto with malicious intent to defame the organization.

The complaint filed by a city-based Bajrang Dal activist through advocate Santosh Dubey also alleged that the Congress intentionally maligned the reputation of the outfit by equating it with banned terrorist organization Popular Front of India (PFI).

It sought action against the party, its national president Mallikarjun Kharge, Karnataka Chief Minister Siddaramaiah and the southern state's deputy CM D K Shivakumar for offences under Indian Penal Code sections 499 and 500 (punishment for defamation).

Chief Judicial First Class Magistrate (Mazgaon court) A A Kulkarni asked Bhandup police here to conduct an enquiry under section 202 of the Code of Criminal Procedure (CrPC) and submit its report by February 17.

Under section 202 of CrPC, a magistrate can carry out an inquiry into a criminal complaint, or direct the police to do so before issuing summons to the accused.

The Congress, in its election manifesto for the 2023 Karnataka polls, said it will take decisive action as per law, including imposing a ban, on organisations like Bajrang Dal and PFI. The party alleged these outfits were promoting enmity among communities.

The complainant argued that under Section 3 of Unlawful Activities (Prevention) Act, only the Central government has the authority to ban an organization, making the Congress' promise a "false claim" and "defamatory imputation".

"Bajrang Dal.. has never violated the provision of our Constitution nor promoted any enmity or hatred amongst the community and never involved in any anti-national activity like PFI," the complaint said.

It claimed the "prestige and reputation" of the outfit and its several supporters were spoiled in the eyes of the public at large due to the false imputation made and published in the Karnataka Congress manifesto.

The complainant claimed he has faced social avoidance as well as suggestions from friends and relatives to disassociate from Bajrang Dal due to the "anti-national" labels implied by the manifesto. PTI AVI BNM