The Karnataka High Court on Wednesday quashed a first information report against Bharatiya Janata Party state chief BY Vijayendra over an allegedly offensive social media post by the party’s state unit, Bar and Bench reported.

Justice M Nagaprasanna said that the court was closing the case and ordered the quashing of the FIR, and all related proceedings.

Advocate Aruna Shyam, representing Vijayendra, told the court that the post on social media platform X was simply a comment about the Congress government’s performance in Karnataka.

Shyam argued that no offense of promoting enmity between communities under Section 505(2) of the Indian Penal Code had been committed.

The FIR against Vijayendra was filed in April after a complaint by the Election Commission’s flying squad, alleging that the Karnataka BJP had made comments against Chief Minister Siddaramaiah and other Congress leaders.

It also invoked Indian Penal Code Section 153A that deals with offence of promoting enmity between groups on the grounds of religion, race, place of birth, residence or language, and committing acts prejudicial to maintenance of harmony, and Section 125 of Representation of People Act that deals with offence of promoting enmity between groups in connection with elections, Live Law reported.

The prosecution alleged that the social media post by the BJP had claimed that the Congress was trying to appease the Muslim community ahead of the Lok Sabha elections.

The post had been made to incite hate among different groups and cause social disorder, with the intention of unfairly gaining votes by violating the model code of conduct, the prosecution alleged.

The petitioners, however, argued that the FIR was politically motivated and sought the quashing of the proceedings, claiming it violated their rights under Article 19 and Article 21 of the Constitution of India.

Article 19 grants citizens the right to freely express their thoughts, opinions and ideas. Article 21 guarantees the right to life and personal liberty.