New Delhi – The Supreme Court on Monday questioned how shouting the slogan “Jai Shri Ram” could be considered a criminal offence.
A bench comprising Justices Pankaj Mithal and Sandeep Mehta made the remark while hearing a plea challenging the Karnataka High Court’s decision to quash criminal proceedings against two individuals accused of shouting the slogan inside a mosque.
“They were shouting a particular religious phrase or name. How is that an offence?” the bench asked during the hearing of the plea filed by the complainant, Haydhar Ali C.M.
The court further questioned how the individuals accused of entering the mosque and shouting the slogan were identified.
High Court Ruling Challenged
The plea contested the Karnataka High Court’s September 13 order, which quashed the criminal proceedings against the two accused individuals.
“How do you identify these respondents? You say they are all under CCTV,” the bench asked senior advocate Devadatt Kamat, who was representing the petitioner.
“Who identified the persons who came inside?” the bench inquired further.
In response, Kamat argued that the high court quashed the proceedings despite the investigation being incomplete.
No Evidence of Criminal Intimidation
The bench pointed out that the high court had observed that the allegations in the complaint did not satisfy the legal requirements of Sections 503 or 447 of the Indian Penal Code (IPC).
- Section 503 pertains to criminal intimidation.
- Section 447 deals with punishment for criminal trespass.
Referring to the complaint, Kamat noted, “An FIR is not an encyclopedia of offences.” However, when asked whether the complainant had been able to identify the individuals who entered the mosque, Kamat replied that the state police would need to provide clarification.
The Supreme Court directed the petitioner to serve a copy of the plea to the state government and scheduled the matter for hearing in January 2025.
High Court’s Observations
The Karnataka High Court had earlier dismissed the criminal proceedings, stating:
“It is incomprehensible as to how shouting ‘Jai Shri Ram’ would outrage the religious feelings of any class.”
The high court emphasized that the complaint did not allege the incident caused public disorder or communal unrest. It also noted that the complainant admitted they had not personally seen the individuals accused of committing the offense.
The order was passed in response to a petition by the two accused individuals, who had sought the quashing of the FIR filed against them.
Incident Details
The alleged incident occurred on September 24, 2023, and the complainant filed a report at the Kadaba Police Station, Puttur circle.
According to the complaint, unidentified persons had entered the mosque, shouted “Jai Shri Ram,” and issued threats.
However, the high court held, “Finding no ingredients of the offenses so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice.”
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