Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka high court quashed criminal proceedings against two persons from Dakshina Kannada, who was charged for shouting 'Jai Shri Ram' slogans inside a mosque.
Quashing the proceedings, Justice M Nagaprasanna observed, "It is not understandable how shouting 'Jai Shri ram' would could outrage the religious feeling of any class."
As per the complaint, some unknown persons barged into the mosque, located on Kadaba-Mardala road in Aittur village on the night of September 24, 2023 and shouted slogans 'Jai Shri Ram'. They also allegedly threatened that they will not spare people belonging to the beary community. One Hyder Ali CM and the mosque cleric Naushad Sakhafi Ustad reportedly came out of the mosque on hearing the slogans.
Next day, Hyder Ali CM filed the complaint after watching CCTV footage which showed some youths circling the Masjid on bikes and shouting slogans.
While the complaint stated Hindus and Muslims in the jurisdiction of Kadaba police station are living in great harmony, Hyder Ali CM alleged that these persons who have shouted ‘Jai Sriram’ are creating a rift between the communities.
Following the complaint, Keerthan Kumar and NM Sachin Kumar -- Resident of Bileneli village of Kadaba taluk in Dakshina Kannada -- were booked for offence punishable under IPC sections 447, 295A 505 and 506.
The accused men approached the High Court and contended that none of the ingredients that are necessary for these allegations are present in the case.
The advocate, representing the accused men, submitted that the offence, at the outset, is under IPC section 447 (criminal trespass), however the Masjid being a public place the entry into it cannot mean a criminal trespass.
On the other hand, the government advocate submitted that the petitioners cannot shout ‘Jai Sriram’ at the Masjid and or threaten the Mutawalli (who manages the mosque).
The court, however, cited the Apex Court decision in MS Dhoni vs Yerraguntla Shyamsundar case and said the acts that have no effect on bringing out peace or destruction of public order will not lead to an offence under IPC section 295A.
“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,” Justice Nagaprasanna said.
The court further said, “The complaint itself narrates that the complainant has not even seen the one who is alleged to have committed offence of criminal intimidation attracting ingredients of Section 506 of the IPC. The complaint nowhere even remotely touches upon the ingredients of Section 503 or Section 447 of the IPC. Finding no ingredients of any of the offences so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice.”