Bengaluru: The Karnataka High Court has quashed criminal proceedings against two persons accused of shouting “Jai Shri Ram” slogans inside a mosque, questioning how shouting “Jai Shri Ram” could be interpreted as an act that outraged the religious feeling of any class.
Justice M Nagaprasanna was hearing a plea filed by Keerthan Kumar and NM Sachin Kumar, charged with criminal trespass and other offences under sections 447, 295A, 505, and 506 of the Indian Penal Code (IPC), sought quashing of the criminal proceedings against them.
Some unknown persons entered mosque and shouted the slogan ‘Jai Shri Ram’: Complaint
The First Information Report (FIR) was registered on a complaint that some unknown persons entered the mosque on the night of September 24, 2023 and shouted the slogan “Jai Shri Ram” and threatened that they will not leave the community and thereafter they ran away from the spot. It was said in the complaint that on checking the CCTV installed in the mosque, it was seen that one unknown car and some unknown persons in the bike were moving here and there around the mosque. The complaint also said that Hindus and Muslims in the jurisdiction of Kadaba Police Station are living in great harmony and these persons who have shouted “Jai Shri Ram” are creating a rift between the communities. The complaint named unknown persons, but while conducting investigation, the petitioners were made accused.
High Court referred to an apex court judgment
The High Court, while referring to a Supreme Court judgment in a case, noted that any and every act will not become an offence under section 295A of the IPC and the acts that have no effect on bringing out peace or destruction of public order will not lead to an offence under section 295A of the IPC.
Ununderstandable as to how if someone shouts ‘Jai Sriram’, it would outrage religious feeling of any class: High Court
“Section 295A (IPC) deals with deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. It is ununderstandable as to how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class. When the complainant himself states that Hindu – Muslims are living in harmony in the area, the incident by no stretch of imagination can result in antimony,” observed Justice Nagaprasanna.
The counsel representing the petitioners argued that none of the ingredients that are necessary for the allegations against the petitioners are even present in the case at hand.
The High Court agreed with the submissions made by the counsel representing the petitioners and quashed the proceedings, saying that finding no ingredients of any of the offences so alleged, permitting further proceedings against the petitioners would become an abuse of the process of law and result in miscarriage of justice.
