Shouting ‘Jai Shri Ram’ in Mosque Doesn’t Offend Muslims, Indian High Court
The court’s decision, issued last month and uploaded on Tuesday, came in response to a complaint filed after the incident last September in Dakshin Kannada district.
The men were charged under various sections of the Indian Penal Code, including Section 295A (hurting religious beliefs), 447 (criminal trespass), and 506 (criminal intimidation), after they entered the mosque and raised slogans.
The accused sought relief from the High Court, arguing that the mosque is a public place, making the charge of criminal trespass invalid. Their counsel also claimed that shouting ‘Jai Shri Ram’ did not meet the criteria for an offense under Section 295A, which deals with deliberate and malicious acts intended to insult religious beliefs.
The court agreed with the defense, noting that Section 295A applies to acts deliberately intended to insult or harm religious sentiments.
The court stated, “It is difficult to see how shouting ‘Jai Shri Ram’ would outrage religious feelings when the complainant himself mentioned that Hindus and Muslims in the area live in harmony.”
Despite opposition from the Karnataka government, which sought further investigation and custody of the accused, the court maintained that the actions of the men did not have any negative impact on public order.
“The Supreme Court has clarified that not every act qualifies as an offense under Section 295A,” the court ruled. “If the act does not disturb peace or public order, it cannot be considered an offense. Allowing proceedings to continue in this case would be an abuse of legal process and a miscarriage of justice.”
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