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Karnataka HC: Shouting Jai Shree Ram In Mosque Not Offence

Shouting "Jai Shree Ram’’ slogans inside a mosque does not outrage the religious feelings of any class observed the Karnataka High Court Bench presided by Justice M. Nagaprasanna quashing criminal proceedings against two men charged for raising the slogans inside a mosque. The High Court found no ingredients  of  criminal trespass or intent to insult religion  made out against them and deemed further proceedings ‘’an abuse of law process’’.

 An overview of the case is that   two men  both residents of Dakshin Kanada district,  entered a local mosque one night in September and started to shout slogans of "Jai Shree Ram’’ within the premises.  Booked by the local police they were charged under several  sections of   Indian Penal code   including Section 295A (hurting religious beliefs), 447( criminal trespass) and 506( criminal intimidation).   The alleged accused filed a plea in the High Court  seeking quashing of charges against them.  The counsel appearing on their behalf argued  that a  mosque being   a public place  no case of a criminal trespass can be  made out against them.  He also added that raising Jai Shree Ram slogans does not meet the prerequisites of an offence under Section 295A of Indian Penal Court. 

After due consideration the court stated that  Section 295A ‘’ deals with deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. It is not  understandable as to how if someone shouts,’’Jai Shree Ram’’ 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’’. 

The Karnataka Government opposing the plea sought custody of the petitioners, stating that the case merits   further investigations. Not acceding to their plea, the court observed   that the said offence did not have any adverse effect on public order.

The court reasoned that‘’The Apex court holds that any and every act will not become an offence under section 295A of the IPC. 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. 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’’    

Case Details- Sri Keerthan Kumar v. State of Karnataka

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Shalini Chavan

Advocate, Bombay High Court

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