Shouting 'Jai Sri Ram' can't outrage religious feelings: Karnataka HC [Read Order]

Karnataka: The Karnataka High Court has said it not understandable as to how if someone shouts ‘Jai Sri Ram’ it would outrage the religious feeling of any class or group of people.

Court Dismisses Case Against Accused, Cites Lack of Evidence for Criminal Intimidation and Trespass

A bench of Justice M Nagaprasanna quashed the proceedings against two men from Bileneli village of Kadaba taluk of Dakshina Kannada district.

According to a complaint, on the night of September 24, 2023, some unknown persons barged into the mosque, located on Kadaba-Mardala road in Aittur village, shouted slogans ‘Jai Sri Ram’ and also allegedly threatened that they will not spare people belonging to the Beary community.

One Hyder Ali C M and the mosque cleric Naushad Sakhafi Ustad reportedly came out of the mosque on hearing the slogans.

The next day, Hyder Ali CM filed the complaint after watching CCTV footage which showed some youths circling the Masjid on bikes and shouting slogans. The complaint also stated that Hindus and Muslims in the jurisdiction of Kadaba police station are living in great harmony and these persons who shouted ‘Jai Sri Ram’ are creating a rift between the communities.

The case was registered against the petitioners Keerthan Kumar and N M Sachin Kumar, for offence punishable under IPC sections 447, 295A 505 and 506.

The petitioners contended that none of the ingredients that are necessary for these allegations are present in the case.

Their counsel submitted that the offence, at the outset, is under IPC section 447 (criminal trespass). However, the Masjid being a public place the entry into it cannot mean a criminal trespass.

On the other hand, the government advocate submitted that the petitioners cannot shout ‘Jai Sri Ram’ at the Masjid and or threaten the Mutawalli (who manages the mosque).

The court cited the Supreme Court's decision in M S Dhoni vs Yerraguntla Shyamsundar case and said the acts that have no effect on bringing out peace or destruction of public order will not lead to an offence under IPC section 295A.

Justice Nagaprasanna: No Grounds to Claim ‘Jai Sri Ram’ Slogan Disturbs Religious Harmony

“It is ununderstandable as to how if someone shouts ‘Jai Sri Ram’ it would outrage the religious feeling of any class. When the complainant himself states that Hindu–Muslims are living in harmony in the area, the incident by no stretch of imagination can result in antimony,” Justice Nagaprasanna said.

The court also noted the complainant has not even seen the one who is alleged to have committed offence of criminal intimidation, attracting ingredients of Section 506 of the IPC.

"The complaint nowhere even remotely touches upon the ingredients of Section 503 or Section 447 of the IPC. Finding no ingredients of any of the offences so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice,” the court said.
 [Read Order]