The Karnataka High Court on Wednesday stayed proceedings against Bharatiya Janata Party’s social media cell head Amit Malviya, who has been accused of posting an objectionable tweet about Congress leader Rahul Gandhi.

Justice M Nagaprasanna observed that the tweet was against a leader of a political party and cannot be regarded as an offence under Section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence) of the Indian Penal Code, reported Live Law.

On June 17, Malviya had posted an animated video on Twitter with a caption: “Rahul Gandhi is dangerous and playing an insidious game.”

The video purportedly shows Gandhi conspiring with unidentified foreign powers to allegedly gain political power for himself in India.

The video also takes a dig at Gandhi’s visit to the United States in May, where he had spoken against BJP’s “politics of hatred”. It includes Gandhi’s statement that the Indian Union Muslim League is a secular party to purportedly show that he is working at the behest of forces that are against India.

On June 28, a first information report was registered against Malviya based on a complaint filed by former Congress MLA Ramesh Babu.

He was booked under Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence), 120B (criminal conspiracy), 505(2) (statements creating or promoting enmity, hatred, or ill-will between classes), and 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code.

BJP MP Tejasvi Surya, who appeared on behalf of Malviya in the court, on Wednesday alleged that the Congress was trying to meet its political agenda through the case, reported ANI.

“This order is a slap on the face of the Congress government in Karnataka, which is trying to abuse the institutions of the government to meet its political agenda,” Surya added.