'Jai Shri Ram' slogan inside mosque: How shouting particular religious phrase an offence? SC asks
New Delhi (PTI): The Supreme Court on Monday asked how raising the slogan of "Jai Shri Ram" a criminal offence.
A bench of Justices Pankaj Mithal and Sandeep Mehta made the observation while hearing a plea challenging the Karnataka High Court's order quashing the proceedings against two persons for allegedly shouting "Jai Shri Ram" inside a mosque.
"They were shouting a particular religious phrase or a name. How is that an offence?" asked the bench on the plea filed by the complainant Haydhar Ali C M.
The apex court also questioned the complainant how the persons, who allegedly came inside the mosque and shouted the slogan, were identified.
The plea challenged a September 13 high court court, which quashed the criminal proceedings against two persons in the case.
"How do you identify these respondents? You say they are all under the CCTV," the bench asked senior advocate Devadatt Kamat, who was appearing for the petitioner.
"Who identified the persons who came inside?" the bench asked further.
Kamat said the high court quashed the proceedings even though the investigation in the case was incomplete.
The bench said the high court observed the allegations did not touch the ingredients of Section 503 or Section 447 of the IPC.
While Section 503 of the IPC deals with criminal intimidation, Section 447 pertains to punishment for criminal trespass.
Referring to the complaint, Kamat said an FIR was not an encyclopedia of offences.
When the bench asked, "Have you been able to identify the actual persons who entered the mosque?" Kamat said the state police would have to explain it.
The bench asked the petitioner to serve a copy of the plea to the state and posted the matter in January, 2025.
The high court in its order said, "It is ununderstandable as to how if someone shouts 'Jai Sriram' it would outrage the religious feeling of any class."
Observing there was no allegation the incident alleged had caused public mischief or any rift, the HC said,
"The complaint itself narrates that the complainant has not even seen who is the one who is alleged to have committed offence of criminal intimidation attracting ingredients of section 506 of the IPC."
The HC order was passed on a plea filed by two persons, who were alleged to have entered a mosque and shouted religious slogan, seeking quashing of the FIR and proceedings against them in the case.
It was alleged that the incident took on September 24, 2023, and a complaint was filed in the Kadaba Police Station, Puttur circle.
The complainant alleged that some unknown persons had barged into the mosque and shouted "Jai Shri Ram" followed by threats.
"Finding no ingredients of any of the offences so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice," held the high court.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
