New Delhi, Aug 4 (UNI) The Supreme Court today dismissed an appeal filed by Karnataka Minister Shivananda S Patil, challenging a Karnataka High Court decision that had quashed his defamation case against BJP MLA Basanagouda R Patil Yatnal.
Patil’s counsel sought to contest the High Court’s order dated September 28, 2024, which had set aside the proceedings, citing non-compliance with the mandatory procedure under the Bharatiya Nyaya Suraksha Sanhita (BNSS).
It was alleged that Yatnal made defamatory remarks against Patil during a rally ahead of the 2023 Karnataka Assembly elections, tarnishing his image despite his Cabinet status.
At the outset, Chief Justice of India BR Gavai, sitting with Justice K Vinod Chandran, made his stance clear and said, “Fight political battles outside the court, not here.”
When the lawyer tried to press the appeal, the CJI responded curtly, “So what?” and imposed a cost of Rs 25,000, which he later escalated to Rs 1 crore.
However, the cost was waived after the lawyer requested withdrawal of the appeal.
The Karnataka High Court had ruled that the magistrate failed to follow due process under Section 223 of the BNSS.
According to the provision, a magistrate must first examine the complainant and any witnesses under oath and provide an opportunity for the accused to be heard before taking cognisance.
The High Court found these steps were skipped, invalidating the trial process.
With the apex court’s dismissal, the High Court’s decision stands, bringing the defamation case against Yatnal to a close.
