The India’ s Karnataka High Court has quashed a case against two men accused of shouting ‘Jai Shri Ram‘ in a mosque.
The court remarked it was not understandable how the slogan would outrage the religious feelings of any class.
The high court observed this after noting that the complainant in the case had himself said that Hindus and Muslims were living in harmony in the area.
It further observed as no ingredients of the offences alleged were made out.
Complaint said the two had entered a local mosque one night in September last year and shouted “Jai Shri Ram.”
The two accused were booked under various IPC offences including Sections 447 (Punishment for criminal trespass), 505 (Statements conducing to public mischief), 506 (Punishment for criminal intimidation), 34 (common intention) and 295A.
The judge remarked: “Section 295A deals with deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. It is no understandable as to how if someone shouts ‘Jai Sriram’ 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 Karnataka High Court referred to the Supreme Court’s decision in Mahendra Singh Dhoni v Yerraguntla Shyamsundar (2017), saying the apex court had held that any and every act will not become an offence under Section 295A of the IPC and the acts which have “no effect on bringing out peace or destruction of public order” will not lead to an offence under the provision.
Contrary to the state’s position, the court held that the offence in the present case did not have any adverse effect on public order.
