Karnataka HC allows probe to continue against WhatsApp group admin over content on Hindu deities
Bengaluru: The Karnataka High Court has declined to interfere with an ongoing investigation against a WhatsApp group administrator accused of allowing the circulation of obscene and offensive images depicting Hindu deities and certain political figures, observing that the allegations prima facie attract offences under the law.
Justice M Nagaprasanna, while dismissing the petition filed by Sirajuddin, held that the essential ingredients of Section 295A of the Indian Penal Code, which deals with acts intended to outrage religious feelings, were made out at this stage. The court said it could not halt an investigation of such nature when the matter was still at a preliminary stage, as reported by Deccan Herald.
Sirajuddin, a resident of Belthangady taluk in Dakshina Kannada district, had approached the High Court seeking to quash a case registered against him in 2021 by the Cyber, Economics and Narcotics Crime police station in Mangaluru. The case was booked under Section 295A of the IPC and Section 67 of the Information Technology Act, which relates to the transmission of obscene material in electronic form.
The complaint was filed by K Jayaraj Salian, who alleged that he had been added to a WhatsApp group through a link received from an unknown source. According to the complaint, the group had around six administrators and nearly 250 members, and obscene images depicting Hindu deities and certain political leaders were repeatedly shared in the group chat.
Sirajuddin was arrested in connection with the case and later released on bail on February 16, 2021. Before the High Court, he argued that he had been selectively targeted while no action was taken against the other administrators, including the creator of the group. He also contended that the case under Section 295A could not proceed in the absence of prior sanction under Section 196(1) of the Code of Criminal Procedure.
Rejecting the argument, the court clarified that prior sanction is required only at the stage when a magistrate takes cognisance of the offence and not at the stage of registration of a case or during investigation. The state placed the investigation material before the court, which, according to Justice Nagaprasanna, contained highly obscene and demeaning depictions of Hindu deities.
The judge noted that the content was such that reproducing it in a judicial order would itself be inappropriate, adding that the material, on its face, had the potential to outrage religious feelings and disturb communal harmony.
While expressing concern that the investigating agency appeared not to have proceeded uniformly against all administrators of the group, the court said it was premature to draw conclusions. It observed that if the investigation reveals active involvement of other administrators or members in permitting the circulation of such content, they too would have to face action under the law.
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Karnataka Muslim Convention to be held in Bengaluru on May 16
Muslim organisations to release report on Congress govt’s three-year performance
Bengaluru: Major Muslim organisations and federations in Karnataka have decided to organise a large public convention titled ‘Karnataka Muslim Convention’ at Town Hall in Bengaluru on May 16. During the convention, a comprehensive report reviewing the three-year performance of the Congress government under the theme “What did the Congress government promise? What did it do? What next?” will be released.
According to a statement issued on Friday, no politicians will be invited to the convention. The report will be submitted to the government and all MLAs after the event.
The convention is being held at a time when the Congress government is nearing the completion of three years in office on May 20. Muslim organisations have expressed dissatisfaction, alleging that despite extending strong support to the Congress in bringing it to power, the community is being neglected.
The Convention is being organised at time when there are concerns over inadequate political representation for Muslims, alleged neglect of community demands, and the suspension of senior Muslim leaders who had worked for the party for decades.
The organisers said the convention aims to raise questions on what the Congress government has delivered so far and what further steps are expected from the government.
The decision to hold the convention was taken during a meeting held on May 6 at A J International Hotel in Shivajinagar, Bengaluru. Representatives of major Muslim organisations, associations, ulema bodies, federations, and members of the ad hoc committee of Karnataka Rajya Muslim Okkoota attended the meeting.
More than 75 representatives and delegates, including senior ulemas, jamaat leaders, lawyers, retired officials, journalists and members of the KRMO ad hoc committee, participated in the discussions.
Members of the KRMO ad hoc committee’s report preparation team and experts from different sectors presented a detailed report on the Congress government’s three-year performance. The report examined promises made to Muslims on ten major issues, the extent to which they were fulfilled, pending promises, alleged discrimination in representation, and the demands now being placed before the government.
The report covered issues such as the hijab ban, reservation cancellation, hate speech and hate crimes, budget allocation, political representation, waqf matters, the anti-cow slaughter law, anti-conversion law, scholarships and educational grants.
Participants offered suggestions and recommendations on various points, and necessary corrections to the report were accepted after detailed discussions.
The meeting also reportedly expressed strong dissatisfaction over the manner in which the Congress government has treated the Muslim community. Participants are said to have opined that if the government and the Congress party continue in the same manner, the community should keep its political options open.
It was later decided that the report would be officially released at the large public convention on May 16 under the title “Karnataka Muslim Convention – What did the Congress government promise? What did it do? What next?”
The organisers appealed to people from all districts of the state to participate in large numbers and send a strong message to the government and the Congress party through the convention.
They also decided that all organisations, jamaats and associations should work towards ensuring participation from every district in Karnataka.
The statement reiterated that no politicians would be invited to the May 16 convention and that the report on the Congress government’s three-year performance would be submitted to the Chief Minister, Deputy Chief Minister, ministers and MLAs after the event.
