When Defamation law becomes a political weapon

 

The arrest of activist Mahesh Shetty Timrodi is a textbook example of how law is bent to serve politics. His biting criticism of BJP general secretary B. L. Santosh as well as Dharmasthala D-gang may have been uncomfortable for the ruling establishment, but the Constitution guarantees the right to dissent. On the face of it, defamation is a non-cognizable, bailable offence; it cannot justify police action without a magistrate’s direction. Yet Timrodi found himself dragged from his home near Dharmasthala, 150 kilometres away, and packed off to judicial custody for 15 days.

How was this possible? The answer lies in the bundle of sections invoked. Along with defamation, the Brahmavar police added serious, non-bailable provisions relating to promoting enmity and causing public mischief. By tagging these sections, they converted a weak private complaint into a full-fledged criminal case. This gave them the cover to register an FIR, arrest Timrodi, and present him before a magistrate — all within just a couple of days.

The procedure looks neat on paper, but the intent is non-transparent. A third-party complainant was enough to set the wheels rolling, though defamation law permits only the “person aggrieved” to file. The real offence here was not incitement of violence but incitement of discomfort in political circles. By dressing up criticism as communal provocation, police created a non-bailable offence out of thin air. The magistrate, instead of probing whether these sections were truly attracted, simply endorsed custody. Safeguards meant to protect citizens were reduced to formalities.

This is more than a legal lapse. It is a planned strike. Timrodi has not confined his barbs to the RSS or BJP; he has also accused Congress leaders over the mess in Dharmasthala. That makes his silencing convenient to both sides. It is not hard to imagine a tacit understanding, where rivals quietly collude to muzzle an inconvenient critic.

The implications go far beyond coastal Karnataka. If police can stretch the law to jail a dissenter today, tomorrow the same formula can be used against anyone who dares to speak against entrenched power. The lesson is stark: in today’s climate, it is not the crime that matters, but whose name you take.

The law of defamation was meant to protect individual reputation. Twisted with non-bailable sections, it now shields the mighty from scrutiny. When police and courts lend themselves to such misuse, democracy itself stands in the dock.

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