Bengaluru/New Delhi: Following complaint from the state Congress, the Karnataka police filed an FIR against BJP IT cell chief Amit Malviya for "promoting enmity within groups" and "instigating people".
The case was charged over a video that he posted allegedly mocking Congress leader Rahul Gandhi on social media.
BJP leaders in Delhi termed the case against Malviya an abuse of power.
Congress Karnataka Pradesh Congress Committee member Ramesh Babu lodged a complaint in connection with a tweet posted by Amit Malviya recently, police said on Wednesday.
The tweet showed an animated video allegedly mocking Rahul Gandhi and showing the Congress party in poor light.
According to the FIR, Amit Malviya tweeted a video with the captions, "Rahul Gandhi is dangerous and playing an insidious game" and "More dangerous are people who are pulling strings of #Raga like Sam P, staunchly anti-India, they leave no stone unturned to defame India overseas, just to embarrass Hon'ble PM @Narendramodi ji." Soon after the FIR was registered, Amit Malviya reposted the same tweet with a caption in Hindi, "Rahul Gandhi Videshi Taaqaton ka Mohra" (Rahul Gandhi a pawn of foreign forces).
Amit Malviya has been booked under sections 153(A), 120(B), 505(2) and 34 of the IPC which pertain to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, and 'doing acts prejudicial to maintenance of harmony' and conspiracy.
Reacting to the action taken against Amit Malviya, the BJP charged that it was an abuse of power to "suppress the truth".
Union minister and BJP leader Smriti Irani said her party is "in receipt of information with regards to an FIR against a position taken by the BJP with regards to Rahul Gandhi's US visit". She said it shows that the Gandhi family "has again given proof of how far it can go to suppress the truth if it gets power".
She reiterated her party's allegations against Rahul Gandhi that he "hobnobbed" with people with suspicious credentials, including those close to billionaire investor George Soros who wants to "destabilise" the democratically elected Indian government, during his recent visit to the US.
Bengaluru South Lok Sabha member from the party Tejasvi Surya called the action against Amit Malviya politically motivated. He tweeted: "The FIR filed against Sri @amitmalviya is politically motivated. Plain and simple".
"Case is registered under 153A and 505(2) of IPC for his alleged statement against Rahul Gandhi. Both the above sections deal with promoting enmity between groups. So, what is Rahul Gandhi? An individual or a group or a class? We will challenge this in the court & ensure justice," Tejasvi Surya said.
BJP national spokesperson Shehzad Poonawalla too slammed the Congress in a tweet saying, "The FIR against Amit Malviya is nothing but a malicious use of provisions of law to silence, intimidate." "At best, if Rahul Gandhi was aggrieved by any tweet, he could have filed a defamation case in court," he added.
"Using the state machinery to settle scores only shows that Congress' own communication and social media paraphernalia is supremely incompetent and hence needs a state police to fight its battles! Pathetic. See you in court," Shehzad Poonawalla said.
Responding to the remarks of the BJP leaders, Congress leader Priyank Kharge, who is Karnataka's IT-BT Minister, told reporters here today that the BJP "cries foul whenever it faces the brunt of law".
Priyank Kharge had accompanied KPCC member Ramesh Babu on June 19 when he went to lodge the complaint.
"They (BJP) have a problem with following the law of the land and they have a problem with the Constitution. And if we enforce the law or the Constitution, they have a problem with that," he alleged.
The son of Congress President M Mallikarjun Kharge further said: "I would like to ask the BJP, tell me which part of the FIR has been lodged against Malviya with a malafide intention. Who is the creator of the video? Who is the one spreading the video? Who is getting the video to have enough traction on social media? Who is spreading these lies? I have promised the people of Karnataka that fake news will be reined in."
PTI with superficial edits