Justice Nagaprasanna held that the incident lacked intent to incite religious animosity, stating that shouting "Jai Shri Ram" should not automatically be viewed as an insult to religious sentiments.
Published Oct 15, 2024 | 10:02 PM ⚊ Updated Oct 15, 2024 | 10:02 PM
Karnataka High Court. (Creative Commons)
In a significant ruling, the High Court of Karnataka has quashed a First Information Report (FIR) filed against two individuals accused of shouting “Jai Shri Ram” slogans inside a mosque. The court determined that the allegations did not meet the necessary legal criteria for the charges.
The case originated from an incident on September 24, 2023, when CM Hyder Ali lodged a complaint alleging that unknown individuals entered a mosque in Kadaba and shouted the Hindu religious slogan while threatening the Muslim community.
This complaint led to the registration of a crime under various sections of the Indian Penal Code (IPC), including criminal trespass, deliberate and malicious acts intended to outrage religious feelings, statements conducing to public mischief, and criminal intimidation against unidentified individuals.
During the investigation, Keerthan Kumar and Sachin Kumar were named as accused. Following this development, the two approached the High Court, petitioning to quash the FIR against them. Their advocate, BS Sachin, argued that the allegations were baseless and lacked substantial evidence.
Upon reviewing the case, Justice Nagaprasanna emphasised that the incident did not indicate any intent to incite religious animosity. The court noted that “Jai Shri Ram” slogan should not be automatically interpreted as an insult to religious sentiments.
In his ruling, Justice Nagaprasanna stated, “The FIR did not contain the necessary ingredients to substantiate the charges under Sections 447, 295A, 505, 506, and 34 of the IPC, indicating that the allegations were unfounded.”
He further remarked, “A mosque is a public place, and entry into it cannot be construed as criminal trespass,” questioning the validity of the trespass charge.
Justice Nagaprasanna also highlighted the importance of intent, asserting that expressions like “Jai Shri Ram” should not be viewed as malicious or intended to outrage religious feelings. Allowing the proceedings to continue without substantial evidence, he warned, could lead to an abuse of the legal process and a miscarriage of justice.
The court underscored the need to maintain communal harmony, cautioning against actions that could disrupt peaceful coexistence among different religious communities.
(Edited by Ananya Rao)
