'RSS is a definite, determinate and identifiable body or persons', says Karnataka Court
Severe Jolt To Priyank Kharge in RSS Defamation Case
Total Views |
In a severe jolt to Karnataka Home and IT&BT Minister Priyank Kharge, a special court in Bengaluru has rejected his contention that no member of the Rashtriya Swayamsevak Sangh (RSS) can maintain a criminal defamation complaint because the RSS is “not a registered organisation and it does not maintain any registered membership”.
The Court observed, "Various courts have declared that 'the RSS is a definite, determinate and identifiable body or class of persons and consequently, where defamatory, imputations are made against the RSS, as an organisation, an individual member of the RSS is competent to maintain for defamation."
ALSO READ: Calcutta HC Declines Relief to Abhishek Banerjee in 'DJ' Remark Case
Rejecting the contention, the court described Kharge’s contention as “wholly untenable and devoid of merit”. Referring to various past judicial precedents, in which the High Courts and the apex court have clearly declared that “the RSS is a definite, determinate, and identifiable body or class of persons" the court observed that consequently, an individual member of the RSS is competent to maintain for defamation where defamatory imputations are made against the RSS.
Priyank Kharge
Kharge's plea was rejected by Sandeep Patil, judge of the special court of magistrate for criminal cases against former and present MPs and MLAs in Karnataka. The court made these observations in its June 27 order. The case is filed under Section 356 of the Bharatiya Nyaya Sanhita (BNS) against Kharge, and Mohammed Haris Nalapad, son of Congress MLA N.A. Haris by Bengaluru-based RSS member A Tejas.
The complaint was filed arraying Mr. Kharge, Nalapad and the then Minister Dinesh Gundi Rao as accused persons for allegedly making false, baseless and derogatory remarks against the RSS, its members and their activities through various media platforms in October 2025. However, the court, after hearing the arguments on behalf of all the three accused, dropped proceedings against Mr. Rao but it took cognisance of offence only against the other two on finding that materials produced in the complaint are prima facie sufficient to constitute an office under Section 356 of BNS against them.
The court pointed out a contradiction in Kharge's argument saying that accused (Kharge) cannot be allowed to approbate and reprobate simultaneously. It said that statements by Kharge acknowledged existence of RSS by using description of RSS members and swayamsevaks but deny existence of such members of RSS for want of its registration tro defeat the maintainability of the complaint.
ALSO READ: `Jihad AI Akbar’: Kota Conversion & Digital Exploitation Case
It further noted the defence raised by the accused is not a categorical denial of the act of publication or making of the impugned statements, but is confined to the contention that the complainant has no locus standi to maintain the complaint and that there is no personal defamation against him. But the court also noted that it is not required to evaluate the truthfulness of allegations.
Priyank Kharge has been making allegations against RSS for the past few months, which are mainly related to RSS registration. Kharge described the RSS as an "unregistered organisation" and questioned how it was permitted to function without formal registration. He demanded that the RSS register itself, disclose its finances, organisational structure and tax compliance, arguing that any organisation operating on such a large scale should be transparent. He also said on one occasion that if the Congress came to power at the Centre, it would consider banning the RSS if it was found to be acting against the Constitution or public order. On another occasion, he questioned why the state should provide security to RSS events without knowing the organisation's legal status, asking, "Who am I giving security to?"