Karnataka High Court
Credit: DH File Photo
Bengaluru: The Karnataka High Court on Thursday stayed the notice issued by the Ballari police against Youtuber Sameer MD in a case registered on March 5, 2025.
The YouTuber uploaded a video on Dharmasthala's Sowjanya murder case, which quickly went viral.
“The petitioner is before this court calling in question a notice issued under section 35 (3) of the BNSS directing him to appear before the investigating officer. The notice is completely contrary to the circular dated December 30, 2024 which is issued by the state government in pursuance to the order passed by this court inasmuch as the notice does not append to it a complete copy of FIR and the complaint so registered. Therefore, there is a violation of law. There shall be an interim order of stay as prayed for till the next date of hearing. List the matter on Wednesday,” Justice M Nagaprasanna said.
At the hearing, the advocate appearing for the YouTuber submitted that the police had registered FIR under section 299 of BNSS, which is offending religious sentiments, based on a suo motu complaint by a sub-inspector of police of Cowl Bazar police station in Ballari.
“There is not a single word in the programme which essentially makes a comment, let alone critical comment, on any religious issue whatsoever,” the advocate said, adding that the notice was appended to it the copy of the complaint and the FIR.
At this, Justice Nagaprasanna orally observed that the notice without appending to it a copy of the complaint and the FIR is completely contrary to the December 30, 2024 circular issued by the state government, pursuant to the order of the high court.
“Whenever a notice asking someone to appear is served, the copy of the FIR should be appended to it. It should be furnished only by registered post, acknowledgement due, that is the only way not even by WhatsApp,” the court orally observed.