In a significant decision, the Karnataka High Court has dismissed charges against two individuals who were arrested for allegedly entering a mosque in Kadaba taluk, Dakshina Kannada district, and chanting ‘Jai Shri Ram’ slogans. Based on the reports from OpIndia, the case has sparked debate about religious sensitivities and the legal boundaries under the Indian Penal Code (IPC).
A single-judge bench, led by Justice M. Nagaprasanna, heard the petition filed by Kirtan from Bilidenele village (Puttur) and Sachin from Kaikamba (Mangalore), who sought the quashing of the First Information Report (FIR) lodged at Kadaba Police Station and the legal proceedings in the Second JMFC Court of Puttur. The court ruled that chanting ‘Jai Shri Ram’ was not an offence under Section 295A of the IPC, which deals with acts intended to insult religious beliefs.
Justice Nagaprasanna noted that the complainant himself acknowledged that Hindus and Islamists in the area coexisted peacefully, casting doubt on the claim that religious sentiments had been harmed. The judge labelled the continuation of the case as an “abuse of the process of law” and ordered the proceedings to be quashed.
The incident occurred on September 24 at the Badria Jumma Masjid in Mardhala, Aittoor village, around 10:50 pm. According to the reports from the Organiser, the two accused allegedly entered the mosque and chanted ‘Jai Shri Ram,’ prompting mosque staff to file a complaint. The FIR charged the men under various sections, including 447 (criminal trespass), 505 (statements causing public mischief), 506 (criminal intimidation), 34 (common intention), and 295A (hurting religious sentiments).
Also, there was no evidence to prove that the two accused entered the mosque and shouted ‘Jai Shri Ram.’ This could be a tactic by Islamists to falsely accuse the two Hindus with baseless charges.
During the hearing, Advocate B.S. Sachin, representing the accused, argued that the charges were baseless. He contended that simply entering the mosque did not amount to criminal trespass and that chanting religious slogans should not be deemed a criminal act. Advocate Soumya, representing the state, requested further investigation, but the court found insufficient evidence to prove that the actions insulted religious sentiments.
The High Court referred to a Supreme Court judgment in Mahendra Singh Dhoni vs Yarraguntla Shyamsunder (2017), which clarified that for an act to fall under Section 295A, it must disturb public order or be part of a deliberate attempt to insult a religion. The court found that the petitioners’ actions did not meet these criteria, emphasising that legal proceedings should not proceed without substantial grounds. Justice Nagaprasanna reiterated that chanting ‘Jai Shri Ram’ within the mosque, in this case, did not demonstrate any intent to harm religious sentiments, particularly given the peaceful coexistence between the communities in the region.
Earlier in Mangalore, Islamists offered namaz in the middle of the road, disrupting traffic. Mangalore has maintained peace for many years without religiously targeted attacks. This case appears to be an attempt to incite hatred between Hindus and Islamists. The High Court’s decision should be appreciated for upholding justice preventing further communal discord and quashing the targeted cases against Hindus.
