Karnataka High Court Gives Sudhir Chaudhary 'Last Chance' To Argue His Plea To Quash FIR Over Alleged Communal Coverage Of State Scheme

The Karnataka High Court on Friday granted last chance to news channel Aaj Tak and its former editor Sudhir Chaudhury to argue their pleas seeking quashing of a 2023 FIR registered over alleged communal coverage of the State government's Svalambi Sarathi Scheme.

For context, the FIR states that in a September 11, 2023 news programme, Chaudhary claimed that the Karnataka government was providing the scheme only to the minorities and not to the non-minority Hindus and that it is practicing minority appeasement in the state. 

The alleged comments in the report was regarding the scheme of the Karnataka State Minorities Development Corporation Ltd whereby subsidy is given to religious minorities for purchase of vehicles.

Justice J M Khazi, in the order said, “As a last chance, list this matter on Oct 13. If on that day if the counsel for petition fails to proceed with the hearing the petition will be dismissed for non-prosecution.”

Chaudhary is booked under Sections 153A (promoting enmity between different groups on grounds of religion, etc.) and 505 (statements conducing to public mischief) of the India Penal Code. The offences entail a punishment of 3 years jail term.

Today during the hearing the counsel for the petitioner informed the court that an oral undertaking of no precipitative action was given earlier and continued.

He said, "Now the police have issued a notice of appearance of petitioners. Advocate General had given assurance". On the court's query the counsel said that his client is cooperating with the investigation. 

Meanwhile the counsel for respondent no 2-complainant said, "let them (petitioners) give an undertaking that they will cooperate".

ASPP B N Jagadeesha also submitted that the matter was specifically listed today for hearing. "Let him (petitioner) cooperate with the investigation," he added. 

The court thereafter granted a last chance to the petitioners to argue their plea on the next date of hearing, adding that if they fail to proceed with the hearing the petitions will be dismissed for non-prosecution. 

The court also disposed of the earlier application filed by the petitioner seeking stay of investigations after the court noted that two applications one filed in 2023 and other in 2025 sought same relief of stay of investigation. The court disposed of the application filed in 2023 as withdrawn by the petition.

In an earlier hearing, Senior Advocate Uday Holla appearing for Chaudhary had claimed that the alleged news report only mentioned that in the budget government claimed that the scheme would be open for minorities and SC/ST communities but when the scheme was announced, it was limited only to minorities.

However, the High Court had then pointed out that such clarification was given only in a subsequent telecast. The initial report only mentioned that the incentive is being extended only to minority communities and not Hindus.

"Role of media is to provide information. But this is not the (way in which) information (is) to be provided...Average man may develop hatred towards minority also, saying they have been given (incentive) and not me...It is not that benefits are given only to minorities...(incentives are given) even to corporate entities also...it is not only confined to minorities," the bench orally remarked.

The FIR is lodged on a complaint filed by the Administrative Officer of the Karnataka State Minorities Development Corporation Ltd.

"Despite being fully aware of the statements he is making, by publishing such news, he is hatching a conspiracy to disturb communal harmony in the state," the complainant alleged.

Case Title: Sudhir Chaudhury AND State of Karnataka & ANR

Case No: Criminal Petition 8796/2023 c/w Criminal Petition 8782/2023.