'How's chanting Jai Shri Ram inside mosque an offense': SC
The Supreme Court of India has sought the Karnataka government's response in a petition challenging the Karnataka High Court's decision that chanting "Jai Shri Ram" inside a mosque would not constitute an offense. The question was raised while hearing an appeal against the high court's order to quash proceedings against two persons accused of raising the slogan inside a mosque. The case was heard by Justices Pankaj Mithal and Sandeep Mehta.
Karnataka High Court's dismissal of proceedings questioned
Notably, the Karnataka High Court had earlier dismissed criminal proceedings against the accused on September 13, 2023. The court had held that shouting "Jai Shri Ram" was not an offense under Section 295A of the Indian Penal Code (IPC), which pertains to acts intended to outrage religious feelings. The incident allegedly occurred at Badriya Juma Masjid in Mardala, Aithoor Village.
Supreme Court questions criminalization of religious slogan
Senior Advocate Devadatt Kamat, appearing for the complainant, contended that shouting a religious slogan in another religious place could incite communal disharmony under Section 153A of the IPC. However, Justice Mehta asked how shouting a particular religious phrase could be an offense. The complainant alleged that unknown persons entered the mosque premises and shouted "Jai Shri Ram," threatening not to let Muslims live in peace.
Supreme Court seeks Karnataka's stance on religious slogan case
The Supreme Court has now sought Karnataka's response on this and listed further hearings for January 2025. The court stressed that an FIR need not have all evidence but should contain information regarding the alleged offense. This comes after the police identified and arrested two accused on the basis of CCTV footage but granted them bail soon after.
High court's stance on religious slogan incident
On September 13, Justice M Nagaprasanna of the Karnataka High Court observed that there was no evidence of public mischief or communal discord caused by the incident and quashed the case. He observed that not every act perceived as insulting religion would be penalized under Section 295A unless done with deliberate and malicious intent. The accused then filed a writ petition to quash the criminal proceedings, which was upheld by the HC.
