The Karnataka High Court has dismissed criminal proceedings against 2 individuals from Dakshina Kannada district, accused of shouting “Jai Shri Ram” slogans inside a mosque.
The incident occurred on September 24, 2023, when the two men reportedly entered a mosque in Aittur village and raised the slogans, prompting a complaint from a local resident, Hyder Ali C M.
Justice M Nagaprasanna, overseeing the case, raised an important question: how could shouting “Jai Shri Ram” be interpreted as an act that outraged religious sentiments? He referenced a Supreme Court ruling, emphasizing that actions which do not disrupt public peace cannot be prosecuted under Section 295A of the Indian Penal Code (IPC).
According to the complaint, the two accused were captured on CCTV riding motorcycles around the mosque and shouting slogans late at night. While the complaint highlighted the historically peaceful coexistence of Hindus and Muslims in the area, it claimed the actions of the accused aimed to instigate communal discord.
In the wake of the complaint, Keerthan Kumar and N M Sachin Kumar faced charges of criminal trespass and other offenses under IPC Sections 447, 295A, 505, and 506. However, the defendants challenged these charges, asserting that the legal criteria for such offenses were not met.
The court sided with the defense, finding insufficient evidence to substantiate the charges. It stated that entering a mosque, a public space, did not amount to criminal trespass under the law.
Furthermore, the court noted that claims of intimidation were unsupported by direct evidence, and the complaint did not adequately demonstrate the elements of the offenses charged.
In conclusion, the dismissal of these proceedings underscores the importance of evidence in legal cases, particularly concerning allegations that could potentially inflame communal tensions. The court’s ruling reflects a commitment to ensuring that only substantiated claims are pursued within the judicial system, maintaining a focus on public order and peace.
