'MLAs & Ministers Can't Be Served?': Karnataka High Court Questions Alleged Delay In Serving Notice On Congress MLA In RSS Defamation Case

The Karnataka High Court on Friday [August 7] expressed shock after learning that notice to former Minister and Congress MLA Dinesh Gundu Rao in a criminal defamation case lodged by an RSS worker might have been unserved, despite three weeks having passed since notice was issued. 

The single judge bench of Justice M.Nagaprasana was hearing a petition filed by an RSS worker, Tejas, challenging the magistrate's order dropping proceedings against the Congress leader in a defamation case over allegedly disparaging the RSS organisation.

“...It's shocking to hear that MLAs and ministers can't be served. Ministers and politicians in the opposite building [Vidhana Soudha] are not being able to be served?”, the court orally enquired to the state.

When the matter was called, the petitioner's counsel Venkatesh P Dalwai informed the Court that police were unable to serve the notice on the respondent. However, the State submitted that service might have been effected.

To this the court orally said, “...It's the opposite building [Vidhana Soudha]…”

The State informed the court that it was awaiting a police report regarding service of notice.

To this the court asked, “…Dinesh Gundu Rao is not available, is it?". The State meanwhile said that the MLA may have been served and that the issue of service will be verified.  Meanwhile Dalwai pointed out that State had almost three weeks to effect service.

The Court has listed the matter for further hearing on August 13.

For context, the MLA has been accused of committing the offence under Section 356 of the BNS, 2023 (criminal defamation) in the private complaint preferred by the RSS worker.

Earlier, on June 27, a Bengaluru Court had taken cognizance of a private complaint alleging that Karnataka Home Minister and Congress Leader Priyank Kharge, along with another party functionary Mohammed Haris Nalapad, made defamatory remarks against the RSS. However, the court had then dropped proceedings against respondent no. 2, Congress MLA Dinesh Gundu Rao.

The complaint alleged that during October 2025, Dinesh Gundu Rao along with Kharge and Congress leader Mohammed Haris Nalapad made statements, social media posts, interviews and publications containing false, derogatory and defamatory imputations against RSS and its members.

The Magistrate had then recorded the sworn statement of the complainant and supporting witnesses and issued notice under Section 223 BNSS to the accused persons. After hearing the parties, the Magistrate passed an order on June 27, 2026 taking cognizance against Accused Nos. 1[Priyank Kharge] and 3 [Mohammad Haris Nalapad] for the offence punishable under Section 356 BNS, but dropped proceedings against Accused No. 2, Dinesh Gundu Rao.

The petitioner contends that Dinesh Gundu Rao did not merely forward or repost content but actively endorsed the defamatory imputations. The petition highlights his tweet and says that the publication included allegations that RSS workers threatened Priyank Kharge and his family. According to the petitioner, it even contained references to the killings of Gauri Lankesh, Kalburgi, and Pansare, linking them to RSS.

Case Title: Tejas A. v. Dinesh Gundu Rao

Case No:Crl.P No. 9944/2026 (528 BNSS)