Karnataka HC quashes charges against two for raising ‘Jai Shri Ram’ slogans in mosque

PTI, Oct 16, 2024, 4:09 PM IST

The Karnataka High Court has dismissed criminal proceedings against two persons from Dakshina Kannada district who were accused of shouting “Jai Shri Ram” slogans inside a mosque.

The case revolved around an incident on September 24, 2023, when they allegedly entered a mosque in Aittur village and raised the slogans, following which a person named Hyder Ali C M lodged a complaint.

Justice M Nagaprasanna, presiding over the case, questioned how the shouting of “Jai Shri Ram” could be interpreted as an act that outraged religious sentiments.

The judge referred to a Supreme Court ruling in a case and noted that actions that do not disrupt peace or public order cannot be prosecuted under Section 295A of the Indian Penal Code (IPC).

According to the complaint, the two men were seen on CCTV footage riding bikes around the mosque and shouting slogans late at night that day.

While the complaint emphasised that Hindus and Muslims in the area had historically lived in harmony, it alleged that the actions of the accused sought to create communal discord.

Following the complaint, Keerthan Kumar and N M Sachin Kumar were charged with criminal trespass and other offences under IPC Sections 447, 295A, 505, and 506.

However, the accused contested the charges, arguing that none of the legal requirements for these offences had been met.

The court agreed with the defence’s argument, finding no substantial evidence to support the charges. It further stated that entering a mosque, which is a public place, did not constitute criminal trespass under the law.

Moreover, the court found that the allegations of intimidation lacked any direct evidence, and the complaint itself did not establish any elements of the charged offences.