Karnataka HC quashes case over slogans at mosque

The Karnataka High Court has quashed a case against two men accused of committing an offense under Section 295A of the Bharatiya Nyaya Sanhita for allegedly shouting “Jai Sriram” inside a mosque. The court questioned to what extent the slogan could scandalize the religious sentiments of a community. The High Court’s decision came after noting that the plaintiff in the case had admitted that Hindus and Muslims lived in harmony in the area concerned.

It further observed that since the essential elements of the alleged offenses were not present, allowing the prosecution of the accused would amount to an abuse of the process of law, Live Law reported. The two men had been booked under several sections of the Bharatiya Nyaya Sanhita, including sections 447 (Punishment for criminal trespass), 505 (Statements leading to public mischief), 506 (Punishment for criminal intimidation), 34 (Common intention) and 295A . .

According to the Live Law report, a single-judge bench of Justice M Nagaprasanna observed: “Section 295A deals with deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs . ” cries “Jai Sriram”, this would scandalize the religious feeling of any class. When the complainant himself states that Hindus and Muslims live in harmony in the area, the incident cannot possibly result in antimony.

Referring to the Supreme Court’s decision in Mahendra Singh Dhoni v. Yerraguntla Shyamsundar (2017), the High Court noted that not all acts fall within the ambit of Section 295A. She stressed that only actions having an impact on peace or public order could be considered an offense within the meaning of this article.

Regarding the Section 505 allegations, the court observed that there was no evidence that the incident caused public unrest or created communal tension. As for article 506, it emphasizes that the complainant did not witness any act of criminal intimidation, the report indicates.

Complaint for shouting ‘Jai Shri Ram’ in Karnataka mosque

The case stems from an incident on September 24, 2023, in which unknown persons allegedly entered the mosque around 10:50 p.m., shouting “Jai Sriram” and uttering threats against the community. Although the initial complaint referred to unidentified individuals, the applicants were later included among the accused during the investigation. They approached the High Court seeking to have the charges quashed.

The applicants argued that the allegations did not contain the necessary elements to constitute an offense. They argued that section 447, relating to criminal trespass, did not apply as a mosque is a public place and entry into it should not be considered trespassing.

In response, the prosecution argued that the petitioners had no right to enter the mosque and shout the slogan or threaten the muthavalli (guardian) of the mosque. He maintained that the matter merited a thorough investigation, as per the report.

The High Court noted that the complainant’s account indicated that “Hindus and Muslims living within the jurisdiction” of the police station “lived in great harmony” and alleged that the incident was aimed at creating discord. He further noted that the complaint did not detail any element of violation of Sections 503 and 447.

Concluding that the allegations did not meet the criteria for any of the offences, the High Court ruled: “The Supreme Court is of the view that any act will not become an offense under Section 295A of the IPC. Acts which have no effect on the restoration of peace or destruction of public order will not lead to an offense under Section 295A of the IPC. Finding no ingredient in any of the offenses so alleged, to authorize further proceedings against these petitioners would constitute an abuse of the legal process and would result in a miscarriage of justice,” Bar and Bench reported.

Accordingly, the High Court allowed the plea of ​​the petitioners and quashed the criminal proceedings pending before the trial court.