Karnataka: HC quashes FIR against two persons for allegedly shouting 'Jai Shri Ram' inside mosque
Oct 17, 2024
Bengaluru (Karnataka) [India], October 17 : Karnataka High Court has quashed the criminal case filed against two persons from Dakshina Kannada district for allegedly shouting 'Jai Shri Ram' slogans on the premises of a mosque.
A single-member bench headed by Justice M Nagaprasanna on Wednesday, heard the petition challenging the hearing of the case, said that it is not understood how shouting 'Jai Shri Ram' can inflame the religious sentiments of any section and how it can harm the sentiments.
On the night of September 24, 2023, unknown persons entered the premises of the mosque on the Kadaba-Mardala road in Aittoor village of Dakshina Kannada district and allegedly shouted slogans of 'Jai Shri Ram'.
The next day, after viewing the CCTV footage, the mosque lodged a complaint with the police. There was also CCTV footage of some youths riding bikes to the mosque and shouting Jai Shri Ram slogans.
It was alleged in the complaint that these people were creating communal riots by shouting slogans of 'Jai Shri Ram'. Later, a case was registered under sections 447, 295 A 505 and 506 of the IPC against Kirtan Kumar and NM Sachin Kumar, residents of Bilinele village in Kadaba taluk of Dakshina Kannada.
The accused in the case had approached the High Court, claiming that there were no elements in the case.
A case was registered under IPC Section 447 (criminal trespass). But since the mosque is a public place, entry into its premises does not amount to criminal trespass, the counsel for the accused argued. On the other hand, the government counsel had argued that 'Jai Shri Ram' cannot be shouted, and threats were made inside the mosque premises.
However, the High Court, citing the Supreme Court judgment in the case of MS Dhoni vs. Yarraguntla Shyamsunder, held that acts which have no effect on the establishment of peace or public order do not constitute an offense under IPC Section 295A.
