'Jai Shri Ram' slogan inside mosque: How shouting particular religious phrase an offence? SC asks

Can raising the “Jai Shri Ram” slogan amount to a criminal offence? The Supreme Court on Monday asked the Karnataka Government to respond to a petition challenging the state high court’s decision to quash the criminal proceedings against two persons who allegedly shouted “Jai Shri Ram” inside a mosque.

“They (the accused) were shouting a particular religious phrase or a name. How is that an offence?” a Bench of Justice Pankaj Mithal and Justice Sandeep Mehta asked complainant Haydhar Ali CM.

The Bench also asked the Karnataka Government and the complainant to explain how the two men accused of shouting “Jai Shri Ram” inside a mosque were identified.

“How do you identify these respondents? Did you see the CCTV footage and made them accused? Who identified the persons who came inside?” the Bench asked senior advocate Devadatt Kamat, who represented the petitioner.

Kamat said the high court quashed the proceedings even though the investigation in the case was incomplete.

As Kamat said it was for the investigating agency to explain, the Bench asked the State of Karnataka to spell out its stand on the issue. However, it chose not to issue a formal notice to the state of Karnataka which has chosen not to challenge the high court’s order.

Kumar and Sachin Kumar had allegedly entered a local mosque in Dakshin Kannada district last year and shouted “Jai Shri Ram.”

Acting on a complaint by Haydhar Ali CM, the police had on September 24, 2023 filed a criminal case at Kadaba Police Station, Puttur circle against them under various provisions of the IPC, including Section 295A (acts intended to outrage religious feelings), 447 (trespass), and 506 (criminal intimidation), a complaint registered against the duo.

The complainant alleged that some unknown persons had barged into the mosque and shouted “Jai Shri Ram” followed by threats.

On a petition filed by the accused, the Karnataka High Court on September 13, quashed the FIR, saying the alleged act did not have any adverse effect on public order and hence Section 295A of the IPC was not attracted.

“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 not 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 incident by no stretch of imagination can result in antimony,” the HC had noted.

Now, the complainant has challenged the high court’s order quashing the criminal proceedings against the two accused in the case.

The Bench said the high court had noted that the allegations did not touch the ingredients of Section 503 or Section 447 of the IPC which dealt with criminal intimidation and criminal trespass, respectively.