Congress lawyer expelled from official post for arguing RSS leader’s hate speech case in Karnataka

“The actions (of the lawyer) are against the rules and regulation of our legal cell and for this reason, the president of the Srirangapatna taluk unit of the legal cell, D Chandregowda is expelled from his position,” a statement by the Mandya legal cell of the Congress said.

The court of the third district and sessions judge of Mandya sitting at Srirangapatna granted anticipatory bail to Kalladka on January 17 in a hate speech case where he was accused of speaking derogatorily about Muslim women at an event organised by the Hindu Jagrana Vedike in Srirangapatna on December 24. A police complaint had been filed by a local JDS leader Najma Najeer over the speech.

According to the complaint, Kalladka said, “Muslim women did not have a permanent husband every day. The Modi government gave them a permanent husband.”

The Srirangapatna town police registered a case under various Indian Penal Code (IPC) sections including 354 (outraging modesty of a woman), 506 (criminal intimidation), 153 A (promoting enmity between different groups) and 295 A (outraging religious feelings).

During the bail hearing in the case, Chandregowda argued on behalf of the RSS leader that the alleged offences are not punishable by death or imprisonment for life. He argued that Bhat is 82 years old, has undergone heart surgery and is running 62 education institutions where staff and students are dependent on him.

Senior lawyer S Balan, who appeared for the complainant Najeer, argued that Kalladka was building “a national conscience based on hatred against Muslim community in the prevailing Islamophobic environment with an intention to demoralise them”. He argued that Bhat’s “intention was to vilify the Muslim community”.

The court while granting anticipatory bail considered the age, health and local standing of the RSS leader. “As has been stated, the petitioner is a person aged about 81 years and he has undergone cardio thoracic and vascular surgery during 2022. Therefore, there is substance in the contention that the petitioner is having health issues. This is one of the factors that needs consideration,” the sessions court stated.

“Furthermore, he is ready to abide by any conditions in the event of grant of bail. Since the investigator has nowhere expressed his intention to subject the petitioner to the process of custodial interrogation and he has already readied the chargesheet, it is a fit case to exercise judicial discretion contemplated under Section 438 of Cr.P.C, however, subject to conditions,” the sessions court said in its January 17 order.

The Congress party legal cell’s decision to expel the advocate comes amid allegations that the Karnataka government is going soft on hate speech makers despite registering cases against them.

Congress leader B K Hariprasad alleged Friday that he was questioned by the state police for statements he has made while RSS leaders like Kalladka and BJP MP Anantkumar Hegde have not been questioned or detained regarding hate speech cases filed against them in the state.

Karnataka Home Minister G Parameshwara said last week that the decision on the arrest of persons in hate speech cases would be made by the local police and would not be decided politically by decision-makers in Bengaluru.