Karnataka HC Rules ‘Jai Shri Ram’ Chanting Not Offensive to Religious Feelings | Bengaluru News – Times of India

BENGALURU: “It is incomprehensible how shouting ‘Jai Shri Ram‘ would outrage the religious feelings of any class,” Karnataka high court observed in a recent order, quashing the proceedings against two individuals from Bileneli village of Kadaba taluk in Dakshina Kannada district.
The complaint claimed that on the night of Sept 24, 2023, some unknown persons entered the mosque, shouted the slogan ‘Jai Shri Ram’ and allegedly threatened they would not leave the community.They then reportedly ran away from the spot. The complaint was filed the next day after watching CCTV footage, which showed some youths circling the masjid on bikes and shouting slogans.
The complaint also narrated Hindus and Muslims in the Kadaba police jurisdiction were living in great harmony, and these individuals were creating a rift between the communities. A case was registered against Keerthan Kumar and NM Sachin Kumar, the petitioners, for offences punishable under Sections 447 (criminal trespass), 295A (hurting religious feelings), 505 (public mischief), and 506 (criminal intimidation) of the IPC.
The petitioners contended that none of the necessary ingredients for the aforesaid allegations are present in the case. According to them, the fact that a masjid is a public place means entry into it cannot constitute criminal trespass.
Justice M Nagaprasanna noted that Section 295A deals with deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs. “It is incomprehensible how shouting ‘Jai Shri Ram’ would outrage the religious feelings of any class. When the complainant himself states Hindus and Muslims are living in harmony in the area, the incident by no stretch of the imagination can result in acrimony,” the judge said.
“The Supreme Court holds any and every act will not become an offence under Section 295A of IPC. Acts that have no effect on disturbing peace or public order will not lead to an offence under Section 295A of the IPC,” the judge pointed out.
The judge said there is neither any allegation that the incident alleged has caused public mischief nor has the complainant has even seen those charged with criminal intimidation. “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,” Justice Nagaprasanna further observed.