BENGALURU: "It is incomprehensible how shouting ' Jai Shri Ram ' would outrage the religious feelings of any class," Karnataka HC observed in a recent order, quashing proceedings against two individuals from Dakshina Kannada , reports Vasantha Kumar.
The complaint claimed that on Sept 24, 2023, unknown persons entered the mosque, shouted "Jai Shri Ram" and allegedly issued a threat. The complaint also said Hindus and Muslims in the Kadaba police jurisdiction were living in great harmony, and that these individuals were creating a rift between the communities.
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 IPC Sec 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 antimony (sic)," the judge said.
"SC holds any and every act will not become an offence under IPC Sec 295A. Acts that have no effect on disturbing peace or public order will not lead to an offence under IPC Sec 295A," the judge pointed out.
The complaint claimed that on Sept 24, 2023, unknown persons entered the mosque, shouted "Jai Shri Ram" and allegedly issued a threat. The complaint also said Hindus and Muslims in the Kadaba police jurisdiction were living in great harmony, and that these individuals were creating a rift between the communities.
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 IPC Sec 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 antimony (sic)," the judge said.
"SC holds any and every act will not become an offence under IPC Sec 295A. Acts that have no effect on disturbing peace or public order will not lead to an offence under IPC Sec 295A," the judge pointed out.
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