The Karnataka High Court has temporarily stayed further proceedings against BJP MLA Harish Poonja, who is facing allegations of delivering a hate speech at a temple event in Mangalore. The interim order was passed on May 22 by Justice S Rachaiah, who was sitting on a vacation bench of the High Court.
The case pertains to a First Information Report (FIR) registered on May 4 under Sections 196 and 353(2) of the Bharatiya Nyaya Sanhita (BNS), based on a complaint by SB Ibrahim. The complaint was linked to a speech delivered by Poonja during the Brahmakalashotsava celebrations held on May 3 at the Batrabailu Gopalakrishna Temple in Thekkar, located in Belthangady taluk of Dakshina Kannada district. The event drew attention after videos of the speech went viral on social media, prompting legal action.
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While granting the interim relief, the court observed,
“Having considered the stay granted in all three (other) FIRs registered against the petitioner, passed by the coordinate bench of this court, it is appropriate to grant stay as prayed for, till the next date of hearing June 18.”
Poonja approached the High Court seeking quashing of the FIR, arguing that his speech did not incite any violence and that no untoward incident occurred after his statements. His legal counsel emphasized that there was no prima facie material available to justify the charges under the newly introduced BNS provisions.
The counsel also pointed out that the event was peaceful and that residents from all communities, including minorities, had supported the temple event by helping set up the shamiana. It was submitted that the speech in question was taken out of context and that it did not instigate communal tension as alleged.
However, the state government's counsel opposed the petition, stating that the plea was not maintainable at this stage since a chargesheet had already been filed in the case. The counsel urged that the petition would require necessary amendments before it could be considered further.
In addition, reference was made to a Supreme Court ruling that directed authorities to register suo-motu cases in instances involving potentially inflammatory speeches. The government lawyer argued that Poonja's remarks had the potential to disturb public harmony in the region.
The counsel representing the complainant also stressed that the remarks were inappropriate in a secular country governed by a Constitution.
“Ours is a constitutional country and not a religious country like any other country, therefore this sort of attitude—let the law take its own course, let there be a trial and there is sufficient evidence since chargesheet has been filed.”
The case has gained significant attention, particularly after the temple trust managing the Gopalakrishna Temple in Tekkar issued an official apology to the Muslim community for any hurt caused by Poonja’s speech. This public apology highlighted the sensitivity of the matter and the temple authority's attempt to maintain communal harmony.
The High Court’s interim stay offers temporary relief to Poonja. The matter will be next heard on June 18, where further legal arguments and evidence may determine the future course of the case.
Case Title: Harish Poonja vs. State of Karnataka
Case Number: WP 13937/2025
