TCN Staff reporter
New Delhi: The Supreme Court on December 16 sought the State of Karnataka’s response to a petition challenging the Karnataka High Court’s decision that shouting “Jai Sriram” inside a mosque did not constitute an offense, LiveLaw reported.
The petition was filed by the complainant, contesting a September 13 ruling by the High Court that had quashed criminal proceedings against two individuals accused of trespassing at Badriya Juma Masjid and raising the Hindu religious slogan inside the mosque. The High Court had said that it was “un-understandable” how such a slogan could offend anyone’s religious feelings.
The appeal points out that the High Court overlooked the fact that the accused made these statements while illegally entering the mosque premises and threatening the Muslim community.
The special leave petition highlights that the High Court’s unwarranted remarks could embolden anti-social groups to use such religious slogans as a justification for violent acts, including mob lynching and targeted assaults on minorities throughout the country, as reported by The Hindu.
Representing the complainant, according to the Live Law report, Senior Advocate Devadatt Kamat argued that the proceedings had been prematurely stayed, even though the investigation was still at an early stage.
A division bench of Justices Sandeep Mehta and Pankaj Mithal questioned whether shouting a religious slogan could truly be considered an offense. Kamat responded to the query and cited Section 153A of the Indian Penal Code (IPC), which prohibits acts that incite communal disharmony. He emphasised that shouting religious slogans in a place of worship could potentially incite violence.
The bench then inquired whether the accused had been identified. Kamat clarified that CCTV footage had been used to identify them, as recorded in the remand report. He further stated that the police were responsible for gathering evidence and that the FIR only needed to provide basic details of the alleged offense.
The court did not issue a formal notice but instructed the petitioner to serve a copy of the petition to the State of Karnataka, with the case set for a hearing in January 2025.
As per the complainant, two unknown individuals entered the mosque at around 10:50 p.m. and shouted “Jai Sriram”. It allegedly followed by threats against Muslims. They fled the scene when the complainant and a colleague confronted them. The complainant later identified the suspects through CCTV footage and filed a police complaint. It led to registration of an FIR under various sections of the IPC, including trespassing and inciting religious offense. The police subsequently arrested the accused, who were granted bail four days later.
In their petition to quash the FIR lodged against them, the accused argued that the complaint did not substantiate the charges. The High Court agreed and ruled that there was insufficient evidence to suggest that the incident amounted to an offense.
Justice M. Nagaprasanna of the High Court emphasised that Section 295A of the IPC, which penalises acts that outrage religious feelings, did not apply here. He noted that shouting “Jai Sriram” could not be seen as malicious or intentional, especially in an area where Hindus and Muslims coexisted peacefully. He also dismissed the charges of public mischief and trespassing, stating that the complaint failed to meet the necessary criteria for those offenses.
The Supreme Court’s petition challenges the High Court’s decision. It argues that it contradicts established precedents, which caution against quashing criminal proceedings before an investigation is completed. The petitioners contend that the High Court’s conclusion — that shouting “Jai Sriram” could not cause any religious tension — ignored the reality of the situation, where an incident occurred within a mosque, accompanied by threats against Muslims. This, they argue, warrants a full investigation and prosecution.