The Karnataka High Court has quashed criminal proceedings against two men, Keerthan Kumar and Sachin Kumar, who were accused of insulting religious beliefs by shouting “Jai Shri Ram” inside a mosque.
Justice M Nagaprasanna, in a ruling last month, found that the incident did not “outrage the religious feelings of any class,” and dismissed the charges under Sections 295A, 447, and 506 of the Indian Penal Code.
The two men, residents of Dakshin Kannada district, were booked after a complaint alleged they entered a mosque one night in September last year and shouted the religious slogan.
Section 295A addresses acts intended to deliberately insult a religion or religious beliefs, but the court observed that the mere act of shouting “Jai Shri Ram” could not be seen as an offence under this provision.
The court highlighted that the complainant had mentioned peaceful coexistence between Hindus and Muslims in the area, further weakening the case for religious disharmony.
The petitioners’ counsel argued that a mosque, being a public place, did not justify a charge of criminal trespass. Additionally, the act of shouting a religious slogan did not fulfill the legal criteria for an offence under Section 295A.
The state government opposed the petition, calling for further investigation, but the court found no evidence of public disorder or harm to peace.
Citing Supreme Court precedent, the High Court held that not every act under Section 295A constitutes an offence, especially if it does not impact public peace or order. Allowing the proceedings to continue, the court said, would be an abuse of legal process and result in a miscarriage of justice.
Advocate Sachin B S represented the petitioners, while HCGP Sowmya R appeared for the State.
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