Ununderstandable As To How It Would Outrage Religious Feeling Of Any Class: Karnataka HC Quashes Charges Against Men For Shouting “Jai Shri Ram” In Mosque
The Karnataka High Court ruled that shouting “Jai Shri Ram” inside a mosque did not “outrage the religious feelings of any class” as it quashed the criminal proceedings against two men who had been charged with insulting religious beliefs.
The case stemmed from an incident in September of the previous year when the two men allegedly entered a local mosque and shouted “Jai Shri Ram.”
The men were initially booked by local police under several sections of the Indian Penal Code, including Section 295A, which pertains to acts intended to outrage religious feelings, as well as Sections 447 and 506, related to criminal trespass and criminal intimidation, respectively.
A Bench of Justice M Nagaprasanna expressed confusion over how shouting “Jai Shri Ram” could be considered an act that would outrage the religious sentiments of any group. The Court said, “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 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.”
Advocate Sachin B. S. appeared for the petitioners, while HCGP Sowmya R. appeared for the Respondent.
The petitioner's lawyer contended that a mosque, being a public place, did not lend itself to a charge of criminal trespass, and further argued that the act of shouting “Jai Shri Ram” did not fulfill the criteria for an offense under Section 295A.
The High Court maintained that the actions in question did not have a detrimental effect on public order. The Court referenced previous rulings from the Supreme Court, which indicated that not every action would constitute an offense under Section 295A, especially if it did not threaten public peace or order. The Court added, “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.”
Ultimately, the High Court concluded that allowing the proceedings to continue would constitute an abuse of legal process and could lead to a miscarriage of justice.
Cause Title: Keerthan Kumar & Anr. v. State of Karnataka, [2024:KHC:37764]