The Karnataka High Court has quashed criminal proceedings against two men charged with raising “Jai Shri Ram” slogans inside a mosque, stating that their actions did not “outrage the religious feelings of any class.” The order was issued last month and posted on the court’s website on Tuesday.
According to the complaint, the two men, residents of the Dakshin Kannada district, entered a local mosque one night in September last year and shouted “Jai Shri Ram.” Following this incident, they were charged by the local police under several sections of the Indian Penal Code, including Section 295A (hurting religious beliefs), 447 (criminal trespass), and 506 (criminal intimidation).
The accused men sought the High Court’s intervention to quash the charges against them. Their counsel argued that since a mosque is a public place, there was no case of criminal trespass. They also contended that shouting “Jai Shri Ram” did not constitute an offense under Section 295A of the IPC.
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“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 understandable as to how if someone shouts ‘Jai Shri Ram’ it would outrage the religious feeling of any class. When the complainant himself states that Hindus and Muslims are living in harmony in the area, the incident by no stretch of imagination can result in enmity,” the court said, as quoted by Bar and Bench. The Karnataka government opposed the petitioners’ plea and requested their custody, asserting that further investigation was necessary.
However, the court determined that the alleged offense did not adversely affect public order.
“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 about 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,” the court concluded.
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