'Jai Shri Ram' slogan inside mosque: SC asks, 'How shouting particular religious phrase an offence?'
The SC made the observation while hearing a plea challenging the Karnataka HC's order quashing criminal proceedings against two individuals accused of shouting the slogan inside a mosque
- Dec 16, 2024,
- Updated Dec 16, 2024 6:05 PM IST
The Supreme Court on Monday questioned how shouting "Jai Shri Ram" could be considered a criminal offence. A bench comprising Justices Pankaj Mithal and Sandeep Mehta made the observation while hearing a plea challenging the Karnataka High Court's order quashing criminal proceedings against two individuals accused of shouting the slogan inside a mosque.
“They were shouting a particular religious phrase or a name. How is that an offence?” the bench asked while considering the petition filed by complainant Haydhar Ali CM. The court also sought clarification on how the accused individuals were identified as the ones allegedly entering the mosque and shouting the slogan.
The plea contested a September 13 High Court ruling that dismissed the proceedings, arguing that the investigation was incomplete. “How do you identify these respondents? You say they are all under the CCTV,” the bench questioned senior advocate Devadatt Kamat, representing the petitioner. "Who identified the persons who came inside?"
Kamat argued that the High Court had quashed the case prematurely, pointing out that the allegations should have been investigated further. However, the bench noted that the High Court found the allegations did not satisfy the requirements of Sections 503 (criminal intimidation) or 447 (criminal trespass) of the Indian Penal Code.
The High Court, in its order, remarked, “It is ununderstandable as to how if someone shouts 'Jai Shri Ram,' it would outrage the religious feeling of any class.” It also observed that the incident had not caused public mischief or a rift. Referring to the complaint, the High Court added, “The complaint itself narrates that the complainant has not even seen who is the one who is alleged to have committed the offence of criminal intimidation attracting ingredients of Section 506 of the IPC.”
The High Court had earlier ruled in favor of the two accused individuals, who had sought to quash the FIR filed against them. The incident allegedly took place on September 24, 2023, when unknown individuals reportedly barged into a mosque and shouted the slogan "Jai Shri Ram," followed by threats.
The complainant filed a complaint at the Kadaba Police Station, Puttur Circle. However, the High Court concluded, “Finding no ingredients of any of the offences so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice.”
The Supreme Court has now directed the petitioner to serve a copy of the plea to the state and scheduled the matter for hearing in January 2025.
The Supreme Court on Monday questioned how shouting "Jai Shri Ram" could be considered a criminal offence. A bench comprising Justices Pankaj Mithal and Sandeep Mehta made the observation while hearing a plea challenging the Karnataka High Court's order quashing criminal proceedings against two individuals accused of shouting the slogan inside a mosque.
“They were shouting a particular religious phrase or a name. How is that an offence?” the bench asked while considering the petition filed by complainant Haydhar Ali CM. The court also sought clarification on how the accused individuals were identified as the ones allegedly entering the mosque and shouting the slogan.
The plea contested a September 13 High Court ruling that dismissed the proceedings, arguing that the investigation was incomplete. “How do you identify these respondents? You say they are all under the CCTV,” the bench questioned senior advocate Devadatt Kamat, representing the petitioner. "Who identified the persons who came inside?"
Kamat argued that the High Court had quashed the case prematurely, pointing out that the allegations should have been investigated further. However, the bench noted that the High Court found the allegations did not satisfy the requirements of Sections 503 (criminal intimidation) or 447 (criminal trespass) of the Indian Penal Code.
The High Court, in its order, remarked, “It is ununderstandable as to how if someone shouts 'Jai Shri Ram,' it would outrage the religious feeling of any class.” It also observed that the incident had not caused public mischief or a rift. Referring to the complaint, the High Court added, “The complaint itself narrates that the complainant has not even seen who is the one who is alleged to have committed the offence of criminal intimidation attracting ingredients of Section 506 of the IPC.”
The High Court had earlier ruled in favor of the two accused individuals, who had sought to quash the FIR filed against them. The incident allegedly took place on September 24, 2023, when unknown individuals reportedly barged into a mosque and shouted the slogan "Jai Shri Ram," followed by threats.
The complainant filed a complaint at the Kadaba Police Station, Puttur Circle. However, the High Court concluded, “Finding no ingredients of any of the offences so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice.”
The Supreme Court has now directed the petitioner to serve a copy of the plea to the state and scheduled the matter for hearing in January 2025.