The Karnataka High Court has dismissed the criminal case against two individuals for allegedly chanting “Jai Shri Ram” slogan inside a mosque. The single-judge bench, presided over by Justice M. Nagaprasanna, reviewed the appeal, stating that it was unclear how the chanting of “Jai Shri Ram” could offend the religious sentiments of any community.
The individuals facing charges were accused under Section 295A of the Indian Penal Code (IPC) for purportedly chanting “Jai Shri Ram” within a mosque. They were also charged under various other sections of the IPC, including 447 (criminal trespass), 505 (statements leading to public mischief), 506 (criminal intimidation), 34 (common intention), and 295A (outraging religious sentiments).
Senior Supreme Court lawyer, Colin Gansalves said, “Well this slogan is unobjectionable in any other place but in a mosque, it’s designed to provoke and antagonise. The slogan is unobjectionable, it is a religious slogan and if one says it in a temple or even on the streets, it is totally unobjectionable but if one goes to a mosque and shout ‘Jai Shri Ram’, it takes on a different connotation. It is not the slogan which is bad but the intention is to provoke and antagonise and create ill-will. It is the intention and not the nature of the slogan which is to be seen.”
Sanjay Hegde, senior Supreme Court lawyer stated, “The only reasoning appears to be “It is understandable as to how if someone shouts ‘Jai Sri Ram’ it would outrage the religious feeling of any class. When the complainant himself states that Hindus-Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.”
He added, “It then proceeds to cite a Supreme Court judgment in Dhoni’s case where the facts were entirely different. Section 295 punishes “insults or attempts to insult the religion or the religious beliefs of that class”. In a monotheist Vaishnavite temple, if a Shaivite deity is loudly invoked, would that not come within the mischief of the section?”
