The Supreme Court Monday wondered if shouting slogans of “Jai Shri Ram” in a mosque constitutes a penal offence even as it sought the Karnataka government’s response on an appeal challenging the High Court order quashing the case against two people accused of raising the slogans.
The bench, presided by Justice Hrishikesh Roy, did not issue formal notice and fixed the matter for hearing next month. “Alright, they were shouting a particular religious slogan. How is that an offence?” Justice Sandeep Mehta who was part of a two-judge bench, asked.
Appearing for the appellant, Senior Advocate Devadatt Kamat informed the bench that shouting the slogan of religion in the place of worship of another would constitute an offence under Section 153A of the Indian Penal Code (IPC) — promoting enmity between different groups on the grounds of religion, race, place of birth, residence.
When the bench sought to know whether the accused had been identified and what material had been brought on record, Kamat pointed out that there were CCTV visuals from which the two accused were identified and arrested.
However, the court asked if spotting them near the mosque would mean they had shouted the slogans. Kamat said it was for the police to investigate and bring evidence on record.
As per the complaint, the alleged incident happened in September 2023 on the premises of the Badriya Jumma Masjid at Mardala in the Aithoor village in the Uttar Kannada district, when the complainant and another person were sitting in the office of the mosque. At around 10.30 pm, two strangers entered the compound, and shouted the slogans before exiting the mosque premises and speeding away on a two-wheeler. The incident was caught on CCTV following which a First Information Report (FIR) was filed, and two people were arrested on September 25, 2023.
On September 13, 2024, the Karnataka High Court quashed the FIR saying the allegation made in the complaint or the FIR did not disclose the ingredients of the offences alleged.
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