“RSS not religious organisation,” Court dismisses defamation case against Siddaramaiah
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A Bengaluru court has dismissed a criminal complaint filed against Karnataka Chief Minister Siddaramaiah that alleged defamation and hurting of religious sentiments over his remarks in the Legislative Assembly, accusing the Rashtriya Swayamsevak Sangh (RSS) and Bajrang Dal of committing more crimes.
Additional Chief Judicial Magistrate K.N. Shivakumar, delivering the order, observed that the RSS is “admittedly not a religious organisation” and that Siddaramaiah’s statements “would not touch upon any religion or religious belief at all.” The court said no intention to harm the reputation or dignity of the RSS could be inferred from the speech.
The complaint had been filed by advocate Kiran N., who claimed association with the RSS. He alleged that Siddaramaiah’s March 17, 2025 remarks during a debate on the Governor’s address at the Karnataka Legislative Assembly portrayed the “divine RSS as a crime organisation and its volunteers as criminals,” hurting his sentiments.
After examining the accused’s statements, the allegations in the complaint and related news publications, the court held that the remarks were made in the context of replying to opposition charges on law and order and while addressing governance issues.
Quoting from the order, the magistrate noted: “The allegations in the complaint, along with the annexed documents, do not prima facie satisfy the elements of the alleged offences under Sections 299, 352 and 356(2) of the BNS Act, 2023, and therefore do not warrant taking cognizance against the accused.”
The court further recorded that the RSS, as per extracts from its official website produced by the complainant himself, “is admittedly not a religious organisation and does not use the word Hindu as religion.” Hence, the alleged remarks “would not in any manner refer to any religion or any religious belief” and do not satisfy the ingredients of an offence under Section 299 of the BNS Act.
Siddaramaiah, in his defence, argued that comments made on the floor of the Legislative Assembly are protected under Article 194(2) of the Constitution, which grants legislative privilege. He also contended that since his statement was directed at the RSS organisation, only the organisation itself could lodge a complaint, making the individual’s petition non-maintainable.
Agreeing with these arguments, the court ruled that the Chief Minister’s words, read in context, did not constitute defamation but reflected his viewpoint on security challenges posed by certain organisations. “It appears that the speech made by the accused had a clear nexus with governance issues being debated in the session. As such, the statement falls squarely within the sphere of legislative proceedings and is covered by the immunity or privilege under Article 194(2) of the Constitution of India,” the order stated.
The court also referred to a report in The Hindu highlighting that opposition leader R. Ashok had supported the Chief Minister’s right to make such statements in the Assembly, reinforcing that the remarks were part of legislative debate.
In analysing Section 299 of the BNS Act (dealing with deliberate and malicious acts intended to outrage religious feelings), the magistrate stressed that an offence requires a deliberate and malicious intent to insult the religion or religious beliefs of a class of citizens. The complaint, the court concluded, did not meet this threshold.
Consequently, the court dismissed the complaint, holding that Siddaramaiah’s March 17 remarks—stating that “most of those committing crimes are from RSS and Bajrang Dal”—were made during a legislative discussion on law and order, fell within constitutional privilege and could not be construed as defamation or an attack on religion.
