Karnataka DGP issues guidelines after Supreme Court ruling in Nalla Balu case

The Supreme Court has dismissed the Telangana government’s appeal against social media activist Shashidhar Goud, popularly known as Nalla Balu, after the High Court quashed cases filed against him for retweeting BRS content. Following the ruling, Karnataka DGP MA Saleem issued a circular directing police officers to verify whether complainants in defamation cases qualify as “persons aggrieved” under law.

Hyderabad: After the Supreme Court dismissed the Telangana government’s appeal in a case pertaining to a social media activist, Karnataka Director General of Police MA Saleem issued a circular to police officers, laying down guidelines to be followed while initiating action in such cases.

The Congress government in Telangana suffered a setback after the apex court dismissed its appeal against Shashidhar Goud, popularly known as Nalla Balu. The High Court had earlier quashed cases filed against the social media activist for retweeting content from the BRS official handle. Challenging the High Court order, the Telangana government approached the Supreme Court, but the appeal was dismissed.

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Following this, the Karnataka DGP instructed police officers that before registering any FIR for alleged defamation or similar offences, they must verify whether the complainant qualifies as the “person aggrieved” in terms of law. Complaints by unrelated third parties lacking legal standing were not maintainable, except in cases involving cognisable offences.

He also stated that the police should not mechanically register cases relating to harsh, offensive or critical speech. Criminal law could be invoked only when such speech amounted to incitement to violence or posed an imminent threat to public order.

No case alleging promotion of enmity, intentional insult, public mischief, threat to public order or sedition should be registered unless there is prima facie material disclosing incitement to violence, hatred or public disorder. As defamation is a non-cognisable offence, the police cannot directly register an FIR or crime in such matters, he noted.

Interestingly, the Telangana police, whose actions had led to the Supreme Court proceedings, are yet to issue similar guidelines for their officers.