Shouting 'Jai Sriram' in Mosque Doesn't Outrage Religious Sentiments, Rules Karnataka HC

Bengaluru: The Karnataka High Court on Tuesday quashed criminal proceedings against two men accused of shouting "Jai Sriram" inside a mosque, stating that the act does not fall under the purview of IPC Section 295A, which deals with deliberate acts intended to outrage religious feelings, Live Law reported.

For the unversed, the two men were charged under multiple sections of the Indian Penal Code, including Section 295A (outraging religious feelings), Section 447 (criminal trespass), Section 505 (statements conducing to public mischief), Section 506 (criminal intimidation), and Section 34 (common intention).

However, Justice M Nagaprasanna, presiding over a single judge bench, ruled that the charges were not substantiated by the facts presented.

In his order, Justice Nagaprasanna observed that Section 295A specifically pertains to deliberate and malicious acts meant to insult religious beliefs and outrage the feelings of a particular class.

"It is not understandable how shouting 'Jai Sriram' would outrage the religious feelings of any class," the judge noted, highlighting that the complainant himself had acknowledged that Hindus and Muslims in the area lived in harmony.

The court emphasized that the complaint's narrative did not provide sufficient grounds to charge the accused under Sections 447 or 505 either, as the alleged actions did not satisfy the essential elements of these offences.

"The complaint nowhere even remotely touches upon the ingredients of the alleged offences," Live Law  quoted the judge as saying.

The complainant had earlier alleged that the men shouting "Jai Sriram" were attempting to create division between the Hindu and Muslim communities in a locality known for its peaceful coexistence.

Despite this claim, the high court ruled that further proceedings would constitute an abuse of legal process and could lead to a miscarriage of justice.

Finding no evidence to support the charges, the high court allowed the plea of the two accused men and quashed the case pending before the trial court.