In a significant legal development, the Karnataka High Court has nullified an FIR against a man who had printed a pro-Modi message on his wedding invitation cards. The court reprimanded the police for misinterpreting the intent and legality of the messages printed on the cards.
The controversy began when Shivprasad, a resident of Alanthaya village in Dakshina Kannada, commissioned a wedding card that stated, “Voting for Modi is a wedding gift to me.” The cards were printed at a press owned by A. Balakrishna in Golitottu village. Following a complaint, both were charged under the Indian Penal Code Section 188 (Disobedience to order duly promulgated by public servant) and Section 127A of the Representation of the People Act (RPA), which pertains to the dissemination of information that may influence voters.
The wedding occurred on March 27, with the complaint filed on April 19, well after the cards had been printed and distributed. The prosecution argued during hearings that the message could potentially sway voters toward a particular party. However, Shivprasad and Balakrishna challenged the proceedings, noting that the invitations were printed on March 1, before the Election Commission had even announced the election schedule on March 16.
Justice M. Nagaprasanna of the Karnataka High Court, upon reviewing the materials presented, found that the cards were printed prior to any official declaration of the election dates. “It is beyond comprehension how a wedding invitation card was misconstrued as an electoral pamphlet by the complainant or even the police filing the charge sheet,” remarked Justice Nagaprasanna. He criticized the logical basis for registering the crime, stating, “It is laughable at best that a crime could be registered, investigated, and a charge sheet filed on such grounds.”
The judge further emphasized that election-specific oversight, such as the deployment of flying squads, only comes into effect once the schedule of events around elections is officially notified. “If an event occurred well before the notification of the events calendar, then upon receiving the invitation later, the flying squads should not resort to registering a crime,” he explained.
