The Karnataka High Court found that raising the ‘Jai Shri Ram’ slogan inside a mosque does not hurt the religious feeling of any community before acquitting two individuals against whom the Karnataka police had charged for barging into a mosque chanting the Hindu religious slogans inside a Muslim worship place.
The single division bench, headed by Justice M. Nagaprasanna, passed the order on Tuesday after reviewing an appeal petition filed by the accused, with the remark that it was difficult to comprehend how the act of chanting 'Jai Shri Ram' inside a mosque could hurt the religious sentiments of any community, drawing a charge under Section 295A of the Indian Penal Code (IPC).
Section 295A of the Indian Penal Code (IPC) pertains to outraging religious feelings, along with several other offences including criminal trespass (Section 447), public mischief (Section 505), criminal intimidation (Section 506), and common intention (Section 34).
The bench noted that the complainant in the case had himself said that Hindus and Muslims were living in harmony in the concerned area.
Permitting of further proceedings against the petitioners would become an abuse of process of law, the bench underlined.
Referring to the Supreme Court order, the bench said any and every act will not become an offence under Section 295A of the IPC.
The police had charged that the accused persons had barged inside the mosque on September 24, 2023, at about 10.50 p.m. and raised slogans of "Jai Shri Ram". They were also charged with threatening.
When the complaint was registered the accused were shown as unknown persons and later the accused were taken into custody.
However, challenging the allegations against them, the accused filed an appeal before the Karnataka High Court and quashed the case in this regard against them.
The bench also noted that the complainant mentioned that Hindus and Muslims lived in harmony in the area and also claimed shouting "Jai Shri Ram" slogans would flare up communal tension.
IANS