New Delhi: An appeal has been filed before the Supreme Court challenging the Karnataka High Court's decision, which ruled that shouting "Jai Shri Ram" inside a mosque does not amount to the offence of outraging religious feelings under section 295A of the Indian Penal Code (IPC).
The case arose after two individuals, Keerthan Kumar and Sachin Kumar, allegedly entered the Badriya Juma Masjid in Kadaba Taluk of Dakshina Kannada district, shouted the slogan, and threatened the local Muslim community. They were booked by the police under various provisions of the IPC, including sections 295A (acts intended to outrage religious feelings), 447 (criminal trespass), and 506 (criminal intimidation).
On September 13, the Karnataka High Court quashed the criminal proceedings, stating that shouting "Jai Shri Ram" did not meet the threshold for section 295A, and did not disturb public order. The court noted that the area had a history of Hindu-Muslim harmony and emphasized that acts lacking a detrimental effect on public peace could not be considered an offence under this section.
However, the complainant has now approached the Supreme Court, arguing that the High Court's approach was overly narrow and contrary to Supreme Court rulings. The complainant contends that the allegations, when viewed in their entirety, point to the commission of cognizable offences. Additionally, the plea argues that the High Court’s ruling could encourage antisocial elements to misuse religious slogans for inciting violence, referencing the potential misuse of such chants in mob lynchings and attacks on minorities.
The matter is scheduled for hearing before a Bench of Justices Pankaj Mithal and Sandeep Mehta on December 16.
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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.
