Priyank Kharge RSS Defamation Case: Bengaluru Court Rejects Plea, Issues Summons to Minister

By Political Bureau, Bangalore Mail

BENGALURU: In a significant legal development, a special court in Bengaluru has rejected Karnataka Minister Priyank Kharge’s contention regarding a criminal defamation complaint filed against him by a Rashtriya Swayamsevak Sangh (RSS) worker. Taking cognisance of the matter, the court has officially issued a summons to the Minister and Congress leader Mohammed Haris Nalapad, directing them to appear in person on July 21, 2026.

The order was passed by Sandeep Patil, presiding judge of the Special Court of Magistrate for criminal cases against former and present MPs and MLAs in Karnataka. While the court found prima facie evidence against Kharge and Nalapad under Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023, it dropped all legal proceedings against Karnataka Health Minister Dinesh Gundu Rao, who was also named in the original complaint.

Court Shoots Down Argument on RSS Registration

The legal battle stems from a private criminal complaint lodged by Bengaluru resident and RSS worker A. Tejas. The complainant alleged that Kharge and Nalapad made false, baseless, and derogatory remarks against the RSS and its volunteers across various social media and public platforms.

Seeking to dismiss the maintainability of the complaint, Priyank Kharge’s defense argued that since the RSS is “not a registered organization” and “does not maintain any registered membership,” an individual member cannot maintain a personal criminal defamation complaint on its behalf.

However, the special court termed Kharge’s contention as “wholly untenable and devoid of merit.” Citing established judicial precedents from High Courts and the Supreme Court of India, the judge observed that the RSS is a “definite, determinate, and identifiable body or class of persons.”

The court further pointed out under Section 2(26) of the BNS, 2023, that the definition of a “person” expressly includes any company, association, or body of individuals, whether incorporated or not. The statute does not mandate formal registration or documentary proof of membership to establish a definable group.

Furthermore, the court highlighted that the accused cannot “approbate and reprobate simultaneously”—meaning they cannot explicitly target “RSS members” and “swayamsevaks” in their public statements and then later claim no such identifiable group exists to maintain a lawsuit.

What Sparked the Legal Row?

According to the case files, the controversy began following an official letter dated October 4, 2025, addressed by Kharge to the state government, requesting a restriction on RSS activities inside government schools and colleges. The complaint stated that this letter, alongside successive social media posts on platform X, utilized highly derogatory language that lowered the reputation of the RSS in the eyes of the general public and exposed its members to ridicule.

The court noted that at the initial stage of taking cognisance, it is not required to evaluate the absolute truthfulness of the allegations. Disputed matters, such as the exact intention of the accused and the official membership status of the complainant, will be thoroughly vetted during the trial phase.

Kharge Vows Legal Fight, Demands Transparency

Responding to the court summons, Karnataka Minister Priyank Kharge stated that he remains unfazed and will fight the criminal defamation case through purely legal means.

“We will abide by the law and comply with the court’s order. The Constitution and the law are on our side, so there is no need to fear anything,” Kharge told reporters in Bengaluru. He additionally renewed his political demand that the RSS must formally register itself as an organization to bring absolute transparency to its financial accounts, donations, and administrative functioning.

The Special Court has directed both Priyank Kharge and Mohammed Haris Nalapad to present themselves before the magistrate on July 21, 2026, as the criminal trial officially gets underway.