During an important hearing, the Supreme Court asked how raising the slogan of ‘Jai Shri Ram’ in the mosque became a crime. The Supreme Court asked this question during the hearing of the petition filed against the decision of the Karnataka High Court, in which the High Court had dismissed the case registered against two persons who raised slogans in the mosque.
This petition was challenged in the Supreme Court by the caretaker of the mosque. During the hearing, the Supreme Court refused to issue notice and directed to give the copy of the petition to the state government. The next hearing of this case will be in January 2024.
Why did Karnataka High Court cancel the FIR?
The Karnataka High Court had rejected the complaint against the accused for hurting religious sentiments.
- Allegations of FIR:
Two people were accused of entering the Badaria Jumma Masjid in Aithur village of Dakshina Kannada district of Karnataka and raising slogans of ‘Jai Shri Ram’. - IPC Sections:
The police had registered a case against the accused under IPC sections 295A (outraging religious sentiments), section 447 (illegal entry) and section 506 (criminal intimidation).
On September 13, 2023, Justice M. Nagaprasanna of the Karnataka High Court quashed the case, saying that it is incomprehensible that raising the slogan of ‘Jai Shri Ram’ can hurt someone’s religious sentiments.
What happened in the Supreme Court?
During the hearing, senior advocate Devdutt Kamat appeared on behalf of petitioner Haider Ali. He argued that the Karnataka High Court dismissed the case within just 20 days of the FIR being registered by the police, while the investigation was still going on. Supreme Court’s comment:
- Justice Sandeep Mehta asked, “Even if they were raising a particular slogan, how could this be a crime?”
- The bench of Justices Pankaj Mittal and Sandeep Mehta also asked that:
- Have the accused been identified?
- Does mere presence near the mosque prove that they raised slogans?
Kamat said that on the basis of CCTV footage the accused have been identified and arrested.
petitioner’s side
Lawyer Devdutt Kamat said that:
- It is the job of the police to investigate and collect evidence.
- FIR contains preliminary information about the crime and not the complete details of the evidence.
- The High Court canceled the case even before the investigation was completed, which is not right.
Key facts of the case
- What incident happened:
- It is alleged that two persons entered the mosque and raised slogans of ‘Jai Shri Ram’ and threatened the Muslim community.
- Legal Sections:
- IPC Section 295A (hurting religious sentiments)
- Section 447 (illegal entry)
- Section 506 (criminal intimidation)
- High Court’s decision:
- Karnataka High Court said that raising slogans is not likely to disturb communal harmony.
