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Karnataka High Court quashes case against two men accused of raising "Jai Shri Ram" slogans inside mosque

Wed, 16 Oct 2024 16:06:50  IG Bhatkali   S O News Service
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Bengaluru: The Karnataka High Court has dismissed a criminal case against two men who were accused of raising "Jai Shri Ram" slogans inside a mosque in Dakshina Kannada district. The court ruled that such actions did not amount to outraging religious sentiments under Section 295A of the Indian Penal Code (IPC).

The case, which stemmed from an incident in September 2023, involved two individuals who allegedly entered a mosque at night and raised the slogans. They were charged under multiple sections of the IPC, including Section 295A (outraging religious feelings), 447 (criminal trespass), 505 (statements conducing to public mischief), and 506 (criminal intimidation). The men approached the Karnataka High Court to quash the charges, arguing that the slogans did not meet the legal threshold for an offence under Section 295A.

A single-division bench, led by Justice M. Nagaprasanna, reviewed the case and concluded that the slogans did not constitute a deliberate attempt to insult or outrage religious feelings. The court emphasized that Section 295A deals with deliberate and malicious acts intended to outrage religious sentiments, and raising "Jai Shri Ram" slogans did not meet this standard.

The bench further noted that the complainant himself had acknowledged that Hindus and Muslims lived harmoniously in the area, and there was no indication that the incident had caused communal tension. "It is not understandable how the shouting of 'Jai Shri Ram' could outrage the religious feelings of any class," the court stated.

The court also referred to a Supreme Court ruling, which held that not every act would automatically become an offence under Section 295A, especially if it did not disrupt public order. Allowing further proceedings in this case, the bench noted, would amount to an abuse of the legal process and result in a miscarriage of justice.

The Karnataka government had opposed the petition, seeking further investigation and the custody of the accused. However, the court dismissed these arguments, ruling that there were no grounds for continuing the criminal proceedings.

The court's order, which was passed last month and made public on Tuesday, effectively quashes the charges against the accused, bringing the case to a close.